vv EPA
               United States
               Environmental Protection
               Agency
            Office of
            Solid Waste and
            Emergency Response
DIRECTIVE NUMBER:  9488.08(85)
TITLE::  Regulatory Status of Drum Furnaces Burning Hazardoi
      Waste Fuel
                APPROVAL DATE:. 8-30-85
                EFFECTIVE DATE: 8-30-85
                ORIGINATING OFFICE: office of solid waste
                0 FINAL
                D DRAFT
                 STATUS::    !
         :   [  ]  A- Pending OMB approval
            [  ] . B- Pending AA-OSWER approval
            [ . ]  C- For review &/or comment
         ••••••  ^  ^  .°~ In development or circulating
REFERENCE(bther documents):      headquarters
  OSWER      OSWER      OSWER
fE    DIRECTIVE    DIRECTIVE   Di

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PARTS 264-265  SUBPART 0 - INCINERATOR
                                                 DOC: 9488.08(35)
Key Words:


Regulations

Subject:

Addressee:



Originator:

Source Doc:

Date:

Summary:
 Drum Reclamation  Furnace, Incineration, Industrial Furnace,
 Burning and Blending

 40 CFR 260.10, Parts 264 and 265 Subpart 0

 Regulatory Status of Drum Furnaces Burning Hazardous Waste Fuel

 David C. Garrett, III, Esq. Powell, Goldstein, Frazer & Murphy,
 14th Floor, Citizens & Southern, National Bank Building 35 Broad
 Street, N.W. Atlanta Georgia

.John Skinner, Director, Office of Solid Waste

 #9488.08(85)

 8-30-85
     The letter denies a request to classify drum furnaces burning hazardous -
waste as fuel as industrial furnaces under 40 CFR 260.10.  The primary reason
for denying the request is that drum furnaces are not "integral components of a
manufacturing process," as required for industrial furnaces under 40 CFR 260.10
of the January 4,  1985, rules.

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                                                                9488.08 (85)
                             AUG 30 1985
                                                                        n t
                                                                        a ui
 Mr.  David C.  Oarrett III,  Eaq.                                           ^c
 Powell,  Goldstein,  Frazer  6  Murphy                                      - <
 14th Floor, Citizens & Southern                                         •!*£
   Ha t ion a 1 Bank Building                                                 £ £
 35 Broad Street.  N.W.                                                    \»
 Atlanta,  Georgia 30335                                                 g§
                                                                         -• »
                                                                         tj 3
 Oaar Mr .  Gar rat 1 1                                                        >-- -
                                                                         3 O
                                                                         9 >-•
      Your petition  of  May  28, 1985,  on behalf of Tristate Steel          £ •
 Drum Company,  Inc.  to  classify  drum  furnacea burning hazardous           o> -
 waste fuel aa  industrial furnaces  under 40  CFR 260.10,  has been         ^J?
 referred  to this  office.                                                 ® 2
                                                                        ^^^ ^r
                                                                         oo a
      After reviewing and considering your comments,  we  must deny        iff
 your petition.   Drum furnaces burning hazardous waste fuel should
 not  be classified as industrial furnaces under the January 4,  1985,
 rules (50 FR 614).   This issue  was addressed by EPA in  response  to
 comments  to the proposed rules  which became final January 4, 1985.       <
                                                                          OD
      The  primary reason for  our conclusion  that drum furnaces  are        "^
 not  industrial  furnaces under RCRA is that  drun furnaces are not         ^
 "integral  components of a  manufacturing process," as required  for        OD
 industrial furnaces  under  40 CFR 260.10 of  the January  4, 1985            if
 rules.  The drum furnace does not  produce a new drum, but rather         £>
 cleans contamination and coatings  from used druns aa a  step in  the       »-
 reconditioning  process.                                                   !T
                                                                          ut
                                                                          00
      Drum  reclamation  furnaces  are not regulated under  RCRA if  the       K>
 drums do not contain hazardous  wastes in accordance with 40 CFR          ^
 261.7.  If the  drums contain hazardous waste,  then the  drum reclama-     «
tipn  furnace is an  incinerator  and is regulated under Subpart  0 of       -a
 40 CFR Parts 264 and 265.  Burning hazardous waste as a fuel to
provide the energy  necessary for the drum cleaning process is  also
regulated under these  Subpart O standards aa a form of  incineration.
See 50 Federal  Register at 625  (Jan.  4,  1985).

      In early 1986,  the Agency  plans to propose rules for boilers
and industrial  furnaces burning hazardous waste fuels.   By early
1987, when thaws rules  are expected  to take effect, industrial
furnaces will be regulated at least  as stringently as incinerators
are now,  making most distinctions  between classes of combustors of
little practical significance.

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      Inr cortaJfiirion, a drum" reclamation  furnace  burning  hazardous
waste fuel  i'r'apt appropriately  regulated  as  an industrial furnace
as defined*  in 4Q CFR 260.10.  The  drum  furnace,  whether burning haz-
ardous  waste fuel or hazardous wastes in drums,  is  subject to  the
incinerator standards of 40 CFR  265 or  265 Subpart  O.

      Please call Mr. David B. Sussman of ray staff at  (202)  382-7917
if you  have further questions.

                              Sincerely,
                              John H.  Skinner
                              Director
                              Office of- Solid  Waste

cc» -Mr. James Scarbrough
     Region. IV

     Ms* Jennifer R. Kaducfc
     Industrial and Hazardous
       Waste Management Program
     Environmental Protection Dvision
   ~- Georgia Department of Natural Resources
     270 Washington Street, S.W.
     Atlanta, Georgia  30334
            •*/
Blind copyr .AJl*

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