United States
Protection Agency
Solid Waste and
Emergency Response
 PB2000-101 882
  February 2000
     RCRA, Superfund & EPCRA
         Hotline Training Module
      Introduction to:
        Boilers and Industrial Furnaces
             (40 CFR Part 266, Subpart H)
             Updated October 1999


This document was developed by Booz-Allen& Hamilton Inc. under contract 68-W 0-0039 to EPA. It is intended to
be used as a training tool for Hotline specialists and does not represent a statement of EPA policy.

The information in this document is not by any means a complete representation of EPA's regulations or policies.
This document is used only in the capacity of the Hotline training and is not used as a reference toolon Hotline calls.
The Hotline revises and updates this document as regulatory pro gram areas change.

The information in this docume  ntmay not necessarily reflect the current position of the Agency. This document is
not intended and cannot be relied upon to create any rights, substantive or procedural, enforceable by any party in
litigation with the United States.
                          RCRA, Superfund & EPCRA Hotline Phone Numbers

            National toll-free (outs ide of DC area)                            (800) 424-9346
            Loca I num ber (with! n DC a rea)                                   (703) 412-9810
            National toll-free for the hearing impaired (TDD)                    (800) 553-7672
                          The Hotline is open from 9 am to 6 pm Eastern Time,
                           Monday through Friday, except for federal holidays.

1.  Introduction 	  1

2.  Regulatory Summary	  2
   2.1  Applicability and Exemptions	  2
   2.2  Emissions Standards 	  5
   2.3  Operating Requirements 	 10
   2.4  Permit Process	 11
   2.5  Interim Status Facilities 	 13
   2.6  Regulation of Residues 	 15

3.  Regulatory Developments 	 17


                                                        Boilers and Industrial Furnaces - 1
                            1.   INTRODUCTION
The combustion of hazardous waste occurs for two general purposes. Some waste is
burned primarily to destroy it.  This type of burning takes place in incinerators and was
discussed in a previous module. Other waste is burned for energy or materials
recovery. This occurs in a group of units collectively known as boilers and industrial
furnaces (BIFs). This module will provide an overview of the regulation of these units,
found in 40 CFR Part 266, Subpart H.

When EPA instituted the Resource Conservation and Recovery Act (RCRA) hazardous
waste regulations in 1980, it chose only to regulate the combustion of hazardous waste
in destruction units. The Agency determined that further study was needed to
determine appropriate regulation for units that burn waste to recover energy or
materials. This distinction was consistent with the Agency's policy of encouraging all
types of legitimate recycling and reclamation.

However, the Hazardous and Solid Waste Amendments (HSWA) of 1984 mandated
that EPA examine the risks posed by combustion activities and consider what controls
should be placed on the burning of hazardous waste for energy recovery.  The first
phase of this occurred on November 29,1985, when EPA promulgated regulations
covering the burning of hazardous waste for energy recovery in BIFs under Part 266,
Subpart D (50 FR 49164). These standards were largely administrative, covering only
the management of the  waste prior to burning and notification and recordkeeping. The
combustion devices themselves were not subject to technical performance or emissions
standards; nor were the facilities governed under the treatment, storage, and disposal
facility (TSDF) requirements.

The second phase in developing regulations for BIFs began with the February 21,1991,
Federal Register (56 FR 7134).  This rule dramatically changed the requirements for
burning hazardous waste in boilers and industrial furnaces by subjecting BIFs to almost
all of the TSDF standards, including extensive emissions controls, waste analysis, and
permitting requirements. The regulations were expanded to cover more devices and
place some limitations on specialized units. Also, as a result of this final rule, Part 266,
Subpart D, was entirely removed and the regulations governing the burning of
hazardous waste in BIFs were codified in Part 266, Subpart H.

This module is designed to familiarize you with the regulations affecting hazardous
waste processed in BIFs. After completing this module, you should be able to
define boilers and industrial furnaces and describe the criteria associated with the
definitions. You should also be able to describe the requirements for processing
hazardous waste in BIFs, including the distinctions between permitted and interim
status units, and explain the requirements for the specially regulated BIF units.
 The information in this document is not by any means a complete representation of EPA's regulations or policies,
                but is an introduction to the topic used for Hotline training purposes.

 2 - Boilers and Industrial Furnaces
                       2.   REGULATORY SUMMARY
Of the 234 million tons of hazardous waste generated in the United States in 1993, three
and a half million tons were sent for combustion. About half of this was processed in
boilers and industrial furnaces.  Boilers are normally used for energy recovery.
Hazardous waste fuels provide about fifty percent of a boiler's fuel requirements and
are normally mixed with natural gas or other fuels. There are around 900 boilers
operating in the United States ranging from very small boilers to huge utility class
boilers. Industrial furnaces, on the other hand, are usually involved in not only energy
recovery but also materials recovery. These units are normally commercial facilities
that handle the hazardous waste of others for a fee. There are less than fifty hazardous
waste-burning industrial furnaces currently operating in the country.

The following is a summary of the regulations affecting hazardous waste processed in
BIFs.  These requirements include the general TSDF facility standards, extensive
emission control regulations, standards for the direct transfer of waste from a
transportation vehicle to a unit, and regulation of residues. Some units are subject to
special reduced requirements depending on the type of waste processed in the unit and
the unit's capacity. Because of the technical nature of these regulations, only an outline
of the requirements is provided here. For more detail concerning implementation of the
BIF regulations, see the February 21,1991, Federal Register (56 FR 7134).

There are two classes of units covered under the Part 266, Subpart H regulations —
boilers and industrial furnaces.  EPA defines a boiler as an enclosed device that uses
controlled flame combustion to recover and export energy in the form of steam, heated
fluid, or heated gases. Boilers must have a combustion chamber and primary energy
recovery system of integral design to ensure the effectiveness of the unit's energy
recovery system and to maintain a thermal energy recovery efficiency of at least 60
percent.  Finally, in order to meet EPA's definition of boiler the unit must export and
use at least 75 percent of the recovered energy off site (§260.10).

An industrial furnace is a unit that is an integral part of a manufacturing process and
uses thermal treatment to recover materials or energy. A list of the units that meet this
description is found in §260.10.  At this  time the following twelve devices are
considered to be industrial furnaces:

   •  Cement kiln                           •   Lime kiln
 The information in this document is not by any means a complete representation of EPA's regulations or policies,
                 but is an introduction to the topic used for Hotline training purposes.

                                                         Boilers and Industrial Furnaces - 3
   •  Aggregate kiln                         •   Phosphate kiln

   •  Coke oven                             •   Blast furnace

   •  Smelting, melting, and refining furnace   •   Titanium dioxide chloride
                                                process oxidation reactor

   •  Methane reforming furnace              •   Halogen acid furnace

   •  Pulping liquor recovery furnace          •   Combustion device used in
                                                the recovery of sulfur values
                                                from spent sulfuric acid.

The Administrator may, after notice and comment, add other devices to the list of
industrial furnaces. In adding devices to the list of industrial furnaces, EPA will
consider factors related to the design and use of the unit.

EXEMPTIONS (§266.100(b)):

Not all units that meet the definition of boiler or industrial furnace are subject to the BIF
standards.  The individual unit must first be evaluated against a number of exemptions
found in the applicability section of the regulations. For a variety of reasons, EPA
determined that the following units do not require stringent regulation under Part 266,
Subpart H:

      •  Units burning used oil for energy recovery under Part 279

      •  Units burning gas recovered from hazardous or solid waste landfills for
         energy recovery

      •  Units burning hazardous wastes exempt from regulation under §§261.4 and
         Units burning hazardous waste produced by conditionally exempt small
         quantity generators regulated under §261.5

         Coke ovens that burn only K087, decanter tank tar sludge from coking

In addition to these exemptions, there are three types of units that are conditionally
exempt from the regulations.  These are metal recovery furnaces, precious metal

 The information in this document is not by any means a complete representation of EPA's regulations or policies,
                but is an introduction to the topic used for Hotline training purposes.

 4 - Boilers and Industrial Furnaces
recovery units, and certain other special industrial units. In order to claim these
exemptions, owners/opera tors must provide a one-time written notice claiming the
exemption, conduct sampling and analysis, and maintain records to demonstrate
compliance with all applicable requirements. Any waste management prior to burning
in this type of unit, and any resulting residues, are subject to applicable hazardous
waste regulation.

Metals Recovery (§266.100(c)(2))

Owners/operators of smelting, melting, and refining furnaces that process hazardous
waste solely for metal recovery are conditionally exempt from regulation under this
subpart.  The Agency has established three criteria to determine if hazardous waste is
being legitimately burned for metals recovery: (1) the heating value of the waste does
not exceed 5,000 Btu/lb (if so, the waste is considered to be burned for energy
recovery); (2) the concentration of Part 261, Appendix VIII,  organic constituents does
not exceed 500 ppmw (if so, the waste is considered to be burned partially for
destruction); and (3) the waste must have demonstrated recoverable levels of metals
(§§266.100(c)(l)(i) and (c)(2)).  Units which may be covered  by this exemption include
pyrometallurgical devices such as cupolas, sintering machines, roasters, and foundry
furnaces, but do not include cement kilns or halogen acid furnaces.

Precious Metals Recovery (§266.100(f))

Metal recovery units engaged in precious metals recovery are also conditionally exempt
from Part 266, Subpart H. Precious metal recovery is defined as the reclamation of
economically significant amounts of gold, silver, platinum,  paladium, irridium,
osmium, rhodium, ruthenium, or any combination of these metals (§266.70(a)).
Provided the owner/operator complies with the alternative requirements of §266.100(f),
the unit would be exempt from all BIF requirements except for the regulations in
§266.112 concerning the management of residues.

Special Industries  (§266.100(c)(3))

Certain industrial units, such as secondary lead and nickel-chromium smelters and
mercury recovery furnaces, and other units that process wastes from  metals recovery
normally do not meet the conditions necessary to be considered legitimately burned for
metals recovery. EPA revised the BIF standards to conditionally exclude those wastes
which are processed for metals recovery, but do not meet the criteria.  Wastestreams in
these units must contain recoverable levels of metals and the waste must not contain
more than 500 ppm of the toxic organics listed in Part 261, Appendix  VIII to be
considered for this conditional exemption.
 The information in this document is not by any means a complete representation of EPA's regulations or policies,
                but is an introduction to the topic used for Hotline training purposes.

                                                         Boilers and Industrial Furnaces - 5

Owners/operators of facilities that burn small quantities of hazardous waste with a
heating value of greater than or equal to 5000 Btu/lb are also exempt from Part 266,
Subpart H. They must, however, comply with the quantity restrictions based on stack
height and the surrounding terrain. Also, the hazardous waste firing rate may not
exceed one percent of the total fuel requirements. These units are prohibited from
burning any waste that contains or is derived from dioxin-bearing wastes (i.e., F020,
F021, F022, F023, F026, or F027). Small quantity burners are required to notify EPA and
maintain facility records documenting compliance with these restrictions. Small
quantity burners are also exempt from the requirements in Parts 264/265, Subparts A
through L, and Part 270 with respect to the storage of mixtures of hazardous waste and
primary fuel, if the waste is stored in tanks that feed fuel directly into the burner

BIFs are required to comply with strict air emissions standards to ensure adequate
protection of human health and the environment. These standards are divided into
four contaminant categories: organics, particulate matter, metals, and hydrogen
chloride (HC1) and chlorine (Cl2).  For each category or type of emission, the regulations
establish compliance methods and alternatives. Each is addressed below.
Particulate Matter
Emission Standard
DRE and CO limits
180 mg/dscm
Tiered approach
Tiered approach
Regulatory Citation
ORGANICS (§266.104)

Burning hazardous waste that contains toxic organic compounds under poor
combustion conditions can result in substantial emissions of toxic compounds.  This
includes both those compounds originally present in the waste, as well as the emission
of other compounds formed by the partial or incomplete combustion of the waste
constituents. These types of emissions can result in an array of adverse health effects,
including an increased lifetime cancer risk to humans. EPA controls organic emissions
from BIFs by implementing two types of organic emission performance standards. The
first requires the measurement of the unit's destruction and removal efficiency, and the
second limits the unit's output of products of incomplete combustion.  Both of these
standards are discussed below.
 The information in this document is not by any means a complete representation of EPA's regulations or policies,
                but is an introduction to the topic used for Hotline training purposes.

 6 - Boilers and Industrial Furnaces
Destruction and Removal Efficiency (§266.104(a))

The primary measure of the BIF's organic emissions is its destruction and removal
efficiency (DRE). This is basically a measure of how efficiently the BIF is destroying
organics. Since it would be impossible to monitor the DRE results for every organic
constituent in the waste, certain principle organic hazardous constituents (POHCs) are
selected for this monitoring.  These POHCs are selected based on their high
concentration in the waste stream and their difficulty to burn. If the BIF achieves the
required DRE for the POHCs, then it should be able to achieve the same, or better, DRE
for all other, easier to burn, organics in the waste stream. POHCs are designated in the
unit's trial burn plan and permit.

The BIF must achieve a DRE of 99.99 percent for each POHC in the hazardous waste
stream during the unit's compliance test, known as the trial burn. This means that for
every ten thousand molecules entering the unit, only one molecule of the POHC is
released to the atmosphere. In addition, due to an increased threat to human health
and the environment from dioxin, the required DRE for POHCs in dioxin-bearing
wastes has been established at 99.9999 percent, or one released molecule for every one
million burned. It is important to note that this DRE standard applies only to permitted

Under certain conditions, a BIF owner/operator may obtain an exemption from the
DRE requirements when burning low-risk waste. Waste can be shown to be low risk if,
under a reasonable, worst-case scenario, emissions of organics and metals do not exceed
acceptable levels (§266.109(a)).

Products of Incomplete Combustion (§266.104(b)&(c))

Poor combustion conditions result in the release of a high concentration of organic
materials formed during the combustion process. These products of incomplete
combustion (PICs) may be present in the original waste stream or may be new
compounds that form during the thermal breakdown and subsequent recombination of
organic compounds. In order to control the emission of PICs, EPA places limits on
carbon monoxide (CO) emissions or, if necessary, hydrocarbon (HC) emissions  from the
unit. The presence of carbon monoxide is an indicator of incomplete combustion.
Therefore, a high level of carbon monoxide in emissions is an indicator of incomplete
combustion and thus, an indication of a high release of PICs. The BIF owner/operator
has a choice of two options to meet this CO emission standard. They may meet a CO
emission standard  of 100 ppmv (parts per million by volume), with no limits on HC
emissions, or they may meet an HC limit of 20 ppmv, with CO emission limits based on
levels demonstrated during the unit's trial burn.
 The information in this document is not by any means a complete representation of EPA's regulations or policies,
                but is an introduction to the topic used for Hotline training purposes.

                                                         Boilers and Industrial Furnaces - 7

CO Concentration
100 ppmv
Determined in trial burn
HC Concentration
No limit
20 ppmv
Historically, there was an alternative, site-specific HC limit for furnaces with high
amounts of organic matter in their raw materials. However, this alternative was
vacated by a federal appeals court in a 1994 decision. The controls were declared
legally obsolete in the June 29,1995, Federal Register and removed from the regulations
(60 FR 33912).


The second emission EPA regulates is particulate matter. Particulate matter consists of
small dust-like particles emitted from BIFs. Although the particles themselves may
cause adverse health effects (e.g., increased asthma), they also provide a point of
attachment for toxic metals and organic compounds. The particulates may become
caught in the lungs or be absorbed into the environment. To minimize these adverse
conditions, EPA set an emission limit of 180 milligrams per dry standard cubic meter
(dscm). BIFs that qualify for the low-risk waste exemption mentioned above, however,
are not subject to the particulate matter standard (§266.109(b)).

METALS (§266.106)

The third aspect of the emissions standards involves limits on metals. Metals regulated
under the BIF standards are categorized as either noncarcinogenic (i.e., antimony,
barium, lead, mercury,  silver, and thallium) or carcinogenic (i.e., arsenic, cadmium,
chromium, and beryllium). The owner/operator can determine the allowable feed or
emission rate for each regulated metal by selecting any one of three approaches, called
tiers.  Each tier differs in the amount of monitoring, and in some cases, modeling, the
owner/operator is required to do.

                   Figure 1: Continuum of Tiers and Monitoring

             TIER 1                  TIER 2               TIER 3
             NO                                          LOTS OF
             MONITORING                               MONITORING

Factors that may be considered in selecting a tier include the physical characteristics of
the facility and surrounding terrain, the anticipated waste compositions and feed rates,
and the level of resources available for conducting the analysis. The main distinction

 The information in this document is not by any means a complete representation of EPA's regulations or policies,
                but is an introduction to the topic used for Hotline training purposes.

 8 - Boilers and Industrial Furnaces
between the Tiers is the focal point. This is the point at which the owner/operator must
ensure that the metal concentration of their waste will be below EPA's acceptable
exposure levels for that constituent.

                           Figure 2:  Focal Point of Tiers
Tier I

The focal point of Tier I is the waste feed.  This tier limits the hourly feed rate of
individual metals into the combustion device. These limits have been developed by
EPA and can be found in Part 266, Appendix I.  EPA established these feed rate limits
by considering flue gas flows, stack height, terrain and land use in the vicinity of the
facility. EPA determined acceptable air quality levels for each type of metal as a
function of terrain, stack height, and land use in the vicinity of the facility. This value is
also the waste feed rate, as Tier I assumes that 100 percent of the metals that are fed into
the unit will be released into the atmosphere.

Tier II

The focal point of Tier II is the stack. This Tier limits the emissions of individual metals
from the stack. As with Tier I, emission limits have been pre-determined by the Agency
by considering a number of different factors (i.e., stack height, terrain, and surrounding
land use) and are found in Part 266, Appendix I. Tier II differs from Tier I, however, in
that owners/operators are able to conduct emission testing to take credit for reduced
metal emissions achieved either by the partitioning of pollutants to bottom ash or
products, or by removal of the pollutants though the facility's air pollution control
device. By conducting tests to determine how much of the metals fed into the BIF are
emitted through the stack, owners/opera tors using Tier II can conceivably increase the
amount of metals in the waste feed by accounting for waste partitioning and pollution
control activities.
 The information in this document is not by any means a complete representation of EPA's regulations or policies,
                 but is an introduction to the topic used for Hotline training purposes.

                                                         Boilers and Industrial Furnaces - '
Tier III

The focal point of Tier III is the surrounding environment. Tier III limits must be set
such that the metals will not adversely affect the ambient air quality.  It allows the
owner/operator to use site-specific factors to back calculate from the  ambient levels to
determine the unit's waste feed. Tier III standards are implemented in the same way as
Tier II, by placing emission limits on metals, but unlike Tiers I and II, there are no pre-
determined levels established by EPA. Instead, the facility owner/operator determines
emission levels by testing emission rates for each individual metal using air dispersion
modeling techniques to predict maximum ground level metal concentrations that will
not adversely affect human health and the environment, and by demonstrating that
ambient air levels will not be exceeded.

Adjusted Tier I (§266.106(e))

A BIF owner/operator may choose to adjust the feed rate limits that have been
established in Appendix I by combining some of the aspects of Tier I and Tier III. This
alternative is implemented in the same way as the Tier I standards, by regulating feed
rates into the BIF, but allows for limits that are more relevant to a given facility.  As
with the Tier III methodology, owners/operators may back-calculate maximum
allowable emission rates for their facility from acceptable ambient air levels (found in
Appendices IV and V) using site-specific air dispersion modeling. These emission limits
then become the adjusted feed rate limits for that facility.

Alternative Implementation (§266.106(f))

Owners/operators are also allowed to use a combination of the Tier II and Tier III
methodologies. Under this approach, rather than monitoring metal feed rates, a BIF
would monitor the emission rates contingent upon approval from the Regional waste
management director.


The final emission standard under the BIF regulations limits the unit's output of
hydrogen chloride (HC1) and chlorine gas (Cl2).  These compounds combine with water
in the air to form acid rain. They are also a known cause of human respiratory
problems. The emission controls are implemented in the same way as the metal
emissions, using the tiered approach. The owner/opera tor has a choice of three tiers
with varying focal points.  For a more detailed discussion of EPA's tiered approach, see
above. The Tier I and Tier II screening levels for waste feed and stack emission limits
are located in Part 266, Appendix II and III.
 The information in this document is not by any means a complete representation of EPA's regulations or policies,
                but is an introduction to the topic used for Hotline training purposes.

 10 - Boilers and Industrial Furnaces

Operating requirements for BIFs are determined on a site-specific basis, and serve as
day-to-day requirements that the facility must follow in order to ensure compliance
with the emissions standards set by the regulations. The BIF regulations do not specify
precise operating requirements that all units must follow; rather, units must establish
operating standards that allow them to meet the emission standards in the regulations.
In addition to the general operating standards discussed below the BIF may establish
operating standards for feed rate, combustion temperature, flue gas temperature,
contaminant concentrations in stack gases, and other conditions as determined


The management of hazardous waste prior to burning in a BIF is subject to all
applicable RCRA regulations. Generators of hazardous waste are required to comply
with Part 262 regulations, while transporters of hazardous waste are subject to Part 263.
In addition, any storage prior to burning is subject to the hazardous waste storage
regulations in Parts 264/265 and the permitting requirements of Part 270 unless the unit
is a small quantity burner, as described above. This management requirement includes
storage activities conducted by the burner as well as any intermediaries.

TSDF STANDARDS (§266.102(a)(2))

Permitted BIFs are subject to all of the general TSDF standards including general
operating standards, preparedness and prevention, contingency plan, use of the
manifest system, closure and financial assurance, and corrective action. These
provisions are described in detail in other Training Modules.


The BIF owner/operator must perform a waste analysis to identify the type and
quantity  of hazardous constituents that may be reasonably expected to be found in the
waste.  This analysis must include all  hazardous constituents found in Appendix VIII of
Part 261.  The facility must provide an explanation for any constituents not included in
the analysis. In addition to the initial analysis, the owner/operator must conduct
periodic sampling and analysis to ensure that the hazardous waste is within the limits
of the facility's permit.

FUGITIVE EMISSIONS (§266.102(e)(7))

The BIF must be operated such that emissions escaping from the combustion chamber
are minimized.  The owner/operator  has two options from which to choose: (1)
 The information in this document is not by any means a complete representation of EPA's regulations or policies,
                but is an introduction to the topic used for Hotline training purposes.

                                                        Boilers and Industrial Furnaces - 11
maintain a negative pressure in the combustion zone so that air is pulled into the unit
rather than escaping into the atmosphere and (2) totally seal the combustion chamber so
that no emissions can escape to the environment.


Facilities that transfer hazardous waste directly from a transport vehicle (e.g., a tanker
truck) to the BIF without first storing the waste must comply with special requirements.
Generally, direct transfer operations must be managed in a manner similar to that
required by the regulations for hazardous waste storage tanks and containers. In
addition, the direct transfer equipment must have a secondary containment system, the
owner/operator must visually inspect the operation at least once every hour, and the
facility must keep records of these inspections.

GENERAL STANDARDS (§266.102(e)(7)-(ll))

In addition to the standards described above, the BIF owner/operator must fulfill
requirements for establishing an automatic waste feed cutoff system.  The facility must
also conduct inspection and monitoring, maintain certain records, and close in
accordance with given regulations.
2.4   PERMIT PROCESS (§270.66)

An owner/operator wishing to operate a new hazardous waste BIF is required to obtain
a RCRA permit before beginning construction of the unit. The purpose of this permit is
to allow the new BIF to establish operating conditions that will ensure adequate
protection of human health and the environment. The BIF permit process consists of
four operational phases: pre-trial burn, trial burn, post-trial burn, and final operating


The pre-trial burn phase of the permit allows the BIF to achieve the state of operational
readiness necessary to conduct the trial burn. The pre-trial burn permit conditions are
effective for the minimum time (not to exceed 720 hours) required to bring the BIF to a
point of operational readiness to conduct a trial burn. This phase is often referred to as
the shakedown period.


The trial burn can be seen as the "test drive" of the BIF. It is the time when the
owner/operator will bring the unit up to operational readiness, monitor the key
operating conditions, and measure the emissions. These conditions are based on the

  The information in this document is not by any means a complete representation of EPA's regulations or policies,
                but is an introduction to the topic used for Hotline training purposes.

 12 - Boilers and Industrial Furnaces
operating conditions proposed by the permit applicant in the trial burn plan submitted
to EPA for evaluation. EPA establishes conditions in the permit necessary to conduct
an effective trial burn, meaning that the burn will be representational of the BIF's
intended day-to-day operation and will yield meaningful data for analysis.

The post-trial burn period is the time for EPA to evaluate all of the data that was
recorded during the BIF's trial burn. To allow the operation of a hazardous waste BIF
following the completion of the trial burn, EPA establishes permit conditions sufficient
to ensure that the unit will meet the BIF performance standards. This post-trial burn
period is limited to the minimum time required to complete the sampling, analysis, data
computation of trial burn results, and the submission of these results to EPA.


After reviewing the results of the trial burn, EPA will modify the permit conditions
again as necessary to ensure that the operating conditions of the BIF are sufficient to
ensure compliance with BIF standards and protection of human health and the
environment. Owners/operators of BIFs must comply with the final permit conditions
for the duration of the permit, or until the permit is modified. The unit must be
managed in accordance with all of the operating conditions described in the permit and
established by the trial burn (§266.102(d)(l)).


While most BIFs must undergo a trial burn, it is possible for a facility to submit
extensive information in lieu of the trial burn. EPA believes that most combustion units
will need to conduct trial burns in order to develop operating conditions that ensure
compliance with the performance standards. Data submitted in lieu of the trial burn,
therefore, must originate from a unit with a virtually identical design that will burn
wastes under virtually identical conditions (located at the same facility).

OMNIBUS AUTHORITY (§270.32(b)(2))

The omnibus provision allows the Regional Administrator or state to incorporate into a
permit any provision deemed necessary to protect human health and the environment.
Specifically, this allows EPA to incorporate additional terms or conditions not found in
the regulations, if site-specific circumstances dictate this result. Under  the 1994 Strategy
for Hazardous Waste Minimization and Combustion, EPA directed the states and
Regions to conduct site-specific risk assessments (incorporating direct and indirect
exposures) into a combustion unit's permit using this omnibus authority. These risk
assessments can be conducted by either the implementing agency or the facility (subject
to agency oversight) during the permitting process.
 The information in this document is not by any means a complete representation of EPA's regulations or policies,
                but is an introduction to the topic used for Hotline training purposes.

                                                        Boilers and Industrial Furnaces - 13

On December 11,1995, EPA published a final rule expanding the role of public
participation in the RCRA permitting process (60 FR 63417). This rule affects boilers
and industrial furnaces by increasing the extent of public participation during the trial
burn process. Specifically, the permitting agency is required to issue a public notice
prior to approving a facility's trial burn plan and must announce the commencement
and completion dates for all trial burns. The proposed public participation rule (59 FR
28680; June 2,1994) also included some changes to the procedural requirements for
permitting interim status facilities. These changes, however, were not finalized because
of pending technical revisions to the hazardous waste combustor standards. See the
Regulatory Developments section of this module for a discussion of these revisions.

As of now only one BIF permit has been issued in the country. On August 15,1996, in a
joint effort between Region VII and the Kansas Department of Health, a permit was
issued to a cement kiln at the Ash Grove Cement Company in Chanute, KS. Therefore,
most BIFs are currently operating under interim status.

EPA estimated that of the 1,000 BIFs burning hazardous waste prior to the 1991 final
rule, only 150 would apply for interim status and eventually seek final RCRA permits.
There are currently approximately 130 facilities that have one or more hazardous waste-
burning boilers or industrial furnaces.

To qualify for interim  status, the facility must have been in existence on or before
August 21,1991, and must have submitted a Part A permit application by this date. If
the facility already had a permit for another activity, owners/operators must have
submitted a permit modification under §270.42.  If the facility was already operating
under interim  status for  another activity, then it was required to comply with the
requirements for changes under interim status described in §270.72.

Until EPA calls in the facility's Part B permit application, where precise permit
conditions will be established through a trial burn, owners/operators of interim status
BIFs must ensure compliance with emission standards (§§266.105 - 266.107) by showing
certification of precompliance and certification of compliance. As the deadlines for
these certifications have already passed all interim status BIFs, except for possible
extenuating circumstances, should be in the compliance stage.
  The information in this document is not by any means a complete representation of EPA's regulations or policies,
                 but is an introduction to the topic used for Hotline training purposes.

 14 - Boilers and Industrial Furnaces

In order to certify precompliance, the owner/operator established operating conditions
under which the BIF would meet emissions standards. These operating conditions
must have included feed rates of hazardous waste, metals, chlorine and chloride, and
ash.  The operating conditions should have been documented in a certification of
precompliance, submitted by August 21,1991.  Prior to submitting this certification of
compliance, interim status owners/operators were not allowed to feed hazardous waste
with a heating value of less than 5000 Btu/lb into a boiler or industrial furnace. By
requiring burners to demonstrate that a waste's heating value is greater than or equal to
5,000 Btu/lb, the Agency was able to ensure a high enough temperature and long
enough residence time in the boiler to destroy hazardous constituents at a rate which is
protective of human health and the environment.


Owners/operators that were required to submit a certification of precompliance must
have conducted compliance testing to verify the operating conditions on or before
August 21,1992. Within 90 days after compliance testing, the owner/operator must
have submitted a certification of compliance containing operating conditions based on
the results of the testing. The certification included a description of any changes that
had taken place since precompliance, as well as the test data and results of quality
assurance and quality control work.  Throughout the remainder of interim status, the
BIF is required to comply with the operating limits contained in this certification.

As mentioned above, interim status BIFs must be operated much in the same way as
those facilities with permits. As with permitted BIFs, owners/operators of interim
status BIFs must comply with all applicable TSDF regulations in Part 265. In addition,
because interim status facilities have  not yet conducted trial burns to ensure compliance
with the standards, EPA has placed some restrictions on their use and what types of
hazardous waste these facilities may  burn. These restrictions are discussed below.


A BIF operating under interim status may not burn dioxin-containing hazardous wastes
(F020, F021,  F022, F023, F026, and F027) or any  material derived from one of these
wastes.  As an exception to this prohibition, interim status BIFs may burn F032 waste
(even though it is listed for the presence of dioxin) because the Agency does not
consider it "acutely toxic."


Interim status furnaces are required to comply  with all of the performance standards
with the exception of the DRE. In addition, EPA established special interim status

  The information in this document is not by any means a complete representation of EPA's regulations or policies,
                but is an introduction to the topic used for Hotline training purposes.

                                                        Boilers and Industrial Furnaces - 15
requirements for industrial furnaces to ensure adequate combustion of hazardous waste
until more stringent, permitted conditions could be established through completion of
the facility's trial burn.  These conditions include minimum temperatures, assurance of
adequate oxygen, and continuous hydrocarbon monitoring (§266.103(a)(5)).

These requirements do  not apply to a furnace that burns hazardous waste solely as an
ingredient. The requirements also do not apply to any furnace that feeds the hazardous
waste into the hot end of the furnace, where products are normally discharged and
fuels are normally fired.

Under the traditional hazardous waste regulations, the derived-from rule requires that
anything derived from the treatment, storage, or disposal of a hazardous waste is, itself,
a hazardous waste (§261.3(c)(2)).  Thus, any residue generated from the burning of
hazardous waste in a BIF would normally be considered a hazardous waste under
RCRA and would need to be handled in accordance with Subtitle C regulation. The
Bevill Amendments, however, provide three statutory exclusions from the definition of
hazardous waste for certain residues: residues from the burning of coal and fossil fuels
(§261.4(b)(4)); cement kiln dust (§261.4(b)(8)); and residues from the processing of
certain mining wastes (§261.4(b)(7)). Some question has arisen as to whether these
exemptions should apply to residues that are produced when both hazardous waste
and fossil fuels are burned. EPA has ruled that the exemptions may stand if the co-
burning does not significantly affect the character of the waste residues.

The regulations retain the Bevill exclusion for residues from certain BIFs as long as the
burning or processing of the hazardous waste does not significantly affect the character
of the residue.  These BIFs include:

   •  Boilers burning primarily coal (i.e., at least 50 percent coal)

   •  Industrial furnaces processing primarily normal ores or minerals (i.e., at least 50
      percent normal nonhazardous raw materials)
   •  Cement kilns processing primarily normal raw materials (i.e., at least 50 percent
      normal raw materials).

To determine whether the character of a residue has been significantly affected by the
burning or processing of hazardous waste, and thus whether the Bevill exemption can
be claimed, one of two criteria must be met. As long as the residue meets either criteria,
it will qualify for the Bevill exclusion.

The first criteria compares the hazardous waste residues to waste residues that would
be found if the BIF were not burning hazardous waste at all. A statistical test, found in
 The information in this document is not by any means a complete representation of EPA's regulations or policies,
                but is an introduction to the topic used for Hotline training purposes.

 16 - Boilers and Industrial Furnaces
Appendix IX of Part 266, describes methods that should be used when comparing the
waste-derived residues to these baseline levels to determine whether the character of
the residue has been significantly affected.

The second criteria compares the concentrations of toxic constituents found in the
waste-derived residue to health-based constituent limits found in Appendix VII of Part
266. In response to a 1993 petition, however, EPA replaced the health-based limits for
nonmetal constituents with the LDR standards listed under F039 (58 FR 59598;
November 9,1993).

Provided the residues meet these standards, they would not be regulated as hazardous
waste. If results from either part of this test indicate that the character of the residue
has not been significantly altered, the BIF residue qualifies for the Bevill exemption.
Figure 3  describes this process:
                     Figure 3: Regulation of Residue from BIFs
                Is the residue from the
                burning of:
                  •ores and minerals
                      raw materials?
                    Was the waste
                    at least 50%
                    raw material?
                  Is the residue
                  similar to normal,
                  non-HW, residue?
                  Are toxic
                  constituent levels in
                  the residue below
                  F039 levels?
                  Residue is exempt
                  from HW regulation
  Residue is
subject to HW
 The information in this document is not by any means a complete representation of EPA's regulations or policies,
                 but is an introduction to the topic used for Hotline training purposes.

                                                        Boilers and Industrial Furnaces - 17
                   3.   REGULATORY DEVELOPMENTS
On April 19,1996, EPA published a proposed rule, called the "MACT" rule (maximum
achievable control technology), under the joint authority of RCRA and the Clean Air
Act (CAA), to upgrade the emission standards for hazardous waste combustors (61 FR
17358). Specifically, this rule will affect incinerators, cement kilns, and lightweight
aggregate kilns. It proposes emissions standards for dioxins, furans, mercury,
cadmium, lead, particulate matter, hydrochloric acid, chlorine, hydrocarbons, carbon
monoxide, and several low-volatile metals. EPA plans to address boilers and other
industrial furnaces in a future rulemaking.  This rule fulfills EPA's commitment to
upgrade emissions standards as stated in its 1994 Strategy for Hazardous Waste
Minimization and Combustion.

On June 19,1998, EPA finalized the first phase of the MACT rule (63 FR 33782).  This
final rule includes the comparable fuels exclusion and amendments to the permit
modification procedures for combustion facilities. EPA expects to finalize the
remainder of the April 19,1996 proposal in early 1999.

EPA expects that many combustion facilities currently operating under RCRA permits
will need to modify their permits in order to comply with the upcoming MACT
emissions standards. The current permit modification procedures are time consuming
and may hinder facilities from meeting the three-year compliance deadline established
by the CAA. To facilitate meeting the deadline, EPA revised the RCRA permit
modification procedures to explicitly address changes to a facility's design or
operations that are necessary to comply with the MACT standards (63 FR 33782, 33801;
June 19,1998). EPA designated such changes as Class 1 modifications that require prior
Agency approval (see Permits and Interim Status module for further discussion of
permit modifications). EPA also incorporated a time default of 90 days, with a possible
one-time 30-day extension, for the permitting agency to make a decision about the
requested modification. If the agency fails to make a decision within the default time
frame, the permittee may consider the request approved. In authorized states, owners
and operators of facilities subject to the MACT standards will only be able to take
advantage of the revised permit modification procedures if the state has become
authorized for the revised modification provisions (see State  Programs module for
further discussion of state authorization).

Interim status combustion facilities subject to the MACT standards will also have to
meet the three-year deadline. Interim status facilities are allowed to implement certain
facility changes if the changes do not amount to reconstruction (see Permits and Interim
Status module for further discussion of reconstruction). To ensure that the
reconstruction clause does not present an obstacle for interim status facilities trying to
 The information in this document is not by any means a complete representation of EPA's regulations or policies,
                but is an introduction to the topic used for Hotline training purposes.

 18 - Boilers and Industrial Furnaces
implement changes to meet the new MACT emissions levels, EPA exempted changes
necessary to comply with the MACT standards from the reconstruction limit.


EPA carefully considered public participation when promulgating the streamlined
permit modification procedures. In order to provide for public involvement early in a
source's compliance planning process, EPA requires owners and operators of
combustion facilities subject to the MACT standards to submit a Notification of Intent to
Comply (NIC) within one year of promulgation of the final standards indicating
whether the source intends to come into compliance with the new standards (63 FR
33782, 33806; June 19,1998). In addition to submitting the NIC, EPA requires covered
facilities to provide notice of and host an informal meeting with the community to
discuss plans for complying with the MACT standards and to submit a progress report
within two years of promulgation of the final standards which demonstrates progress
made toward meeting the emissions standards.


The CAA compliance deadline may cause companies to install simple end-of-pipe
emissions controls, instead of pollution prevention process changes. In order to limit
this practice and encourage waste minimization, EPA allows owners and operators of
combustion facilities to request a one-year extension to the MACT compliance period in
cases where additional time is needed to install pollution prevention and waste
minimization measures that reduce the amount of hazardous waste entering
combustion feedstreams  (63 FR 33782, 33816; June 19,1998). Requests for a one-year
extension must reasonably document that the waste minimization measures could  not
be installed in time to meet the three-year compliance period. Decisions to grant the
extensions will be made by EPA or authorized state programs.

The rule proposes emissions standards for dioxins, furans, mercury, cadmium, lead,
particulate matter, hydrochloric acid, chlorine, carbon monoxide, hydrocarbons, and
several low volatile metals. It also proposes a  new comparable fuels exclusion,  and
makes significant changes to the existing combustion regulations.

EPA intends to finalize this proposal in two parts. The first part, expected in late 1997
or early 1998, is likely to  include the comparable fuels exemption and the permit
modification amendments. The second part, expected later in 1998, will finalize the
remaining issues from the April 19,1996 proposal.
 The information in this document is not by any means a complete representation of EPA's regulations or policies,
                but is an introduction to the topic used for Hotline training purposes.