RCRA REVISION CHECKLIST 111

Burning of Hazardous Waste in Boilers and Industrial Furnaces;
Technical Amendment III
57 FR 38558-38566
August 25, 1992
(RCRA Cluster III, Both HSWA and Non-HSWA provisions)

Notes:  1)  The notice addressed by this checklist makes several technical amendments to the final rule addressed by Revision Checklist 85 (56 FR 7134, February 21, 1991), Revision Checklist 94 (56 FR 32688, July 17, 1991), and Revision Checklist 96 (56 FR 42504, August 27, 1991).  These revisions provide clarification and correct unintended consequences of the Boilers and Industrial Furnaces (BIF) rule and its previous corrections.

2)  Note that on September 5, 1991 (56 FR 43874; Revision Checklist 98), an administrative stay of the permitting standards as they apply to coke ovens burning certain hazardous wastes was published, affecting the February 21, 1991 (56 FR 7134; Revision Checklist 85) final rule.  The changes addressed by that administrative stay are optional.  However, the final rule addressed by Revision Checklist 105 (June 22, 1992; 57 FR 27880) removed the September 5, 1991 administrative stay.  Thus, States that have adopted the Coke Oven Administrative Stay introduced by Revision Checklist 98 should either remove their analog to the note that follows 266.100(a) or state in their regulations that this stay ends on June 22, 1992.

3)  States that are not authorized for Revision Checklists 85, 94 and 96 are strongly encouraged to adopt these present technical corrections and the ones addressed by Revision Checklist 114 (57 FR 44999; September 20, 1992) at the same time the requirements addressed by Revision Checklists 85, 94 and 96 are adopted.  States already authorized for the provisions addressed by Revision Checklists 85, 94 and 96 should adopt these present technical corrections, and Revision Checklist 114, as soon as possible.  A checklist is available which consolidates all of these checklists into one consolidated Boilers and Industrial Furnaces checklist.

	FEDERAL REQUIREMENTS	FEDERAL RCRA CITATION	ANALOGOUS STATE CITATION	STATE ANALOG IS:				
				EQUIV-ALENT	LESS
STRIN-
GENT	MORE STRIN-GENT	BROADER IN SCOPE	
	PART 260 - HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL							
	SUBPART B - DEFINITIONS							
	DEFINITIONS							
	insert "followed by an afterburner using controlled flame combustion" after "heat"	260.10 "infrared incinerator"						
	insert "followed by an afterburner using controlled flame combustion" after "heat"	260.10 "plasma arc incinerator"						
	SUBPART C - RULEMAKING PETITIONS							
	GENERAL							
	replace "265" with "266" in the first sentence	260.20(a)						
	PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE							
	SUBPART A - GENERAL							
	DEFINITION OF SOLID WASTE							
	change "paragraph" to "paragraphs"; insert "and (d)(2)" after "(d)(1)"	261.2(e)(2)(iv)						
	PART 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES							
	SUBPART A - GENERAL							
	PURPOSE, SCOPE, AND APPLICABILITY							
	change "subparts C, D, F, or G" to "subparts C, F, G, or H"	264.1(g)(2)						

	PART 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES							
	SUBPART A - GENERAL							
	PURPOSE, SCOPE, AND APPLICABILITY							
	change "subparts C, D, F, or G" to "subparts C, F, G, or H"	265.1(c)(6)						
	PART 266 - STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES							
	SUBPART H - HAZARDOUS WASTE BURNED IN BOILERS AND INDUSTRIAL FURNACES							
	APPLICABILITY							
	change "(b), (c), and (d)" to "(b), (c), (d), and (f)"	266.100(a)						
	replace "261.111" with "266.111"	266.100(f)						
	MANAGEMENT PRIOR TO BURNING							
	replace "subparts A through L of part 264, subparts A through L of part 265, and part 270" with "parts 264, 265, and 270"	266.101(c)(1)						
	delete "-" from "on-site"; replace "regulation under subparts A through L of part 264, subparts A through L of part 265, and part 270" with "the regulations of parts 264, 265, and 270"; replace "with respect to the storage of" with "applicable to storage units for those storage units that store"	266.101(c)(2)						
	INTERIM STATUS STANDARDS FOR BURNERS							
	insert "or Adjusted Tier I" after "Tier I"; insert "," after the second "(e)"	266.103(b)(2)(ii)						
	insert "or Adjusted Tier I" after "Tier I"; replace "feedstream" with "feed stream"	266.103(b)(2)(iii)						
	insert ", unless complying with the Tier I or Adjusted Tier I metals feed rate screening limits under §266.106(b) or (e)" after "feed"	266.103(b)(3)(ii)(B)						
	insert ", unless complying with the Tier I or Adjusted Tier I feed rate screening limits for chlorine under § 266.107 (b)(1) or (e) and for all metals under § 266.106 (b) or (e), and the uncontrolled particulate emissions do not exceed the standard under § 266.105" after "product"	266.103(b)(3)(v)						
	insert "or as otherwise specified" after "section)"; insert "of §§ 266.104(b) through (e), 266.105, 266.106, 266.107 and 266.103(a)(5)(i)(D)" after "emission standards"	266.103(c)(1)						
	replace text after "except that" with ":"	266.103(c)(1)(ii)(A)						
	add new subparagraph addressing operating limits for facilities that comply with Tier I or Adjusted Tier I metals feed rate screening limits	266.103(c)(1)(ii)(A)(1)						
	add new subparagraph addressing metal concentration limits for industrial furnaces that must comply with alternative metals implementation approach under 266.103(c)(3)(ii)	266.103(c)(1)(ii)(A)(2)						
	delete ":"; add "(unless complying with the Tier I or Adjusted Tier I metals feed rate screening limits under § 266.106 (b) or (e);"	266.103(c)(1)(ii)(C)						
	replace ";" with "," and add phrase addressing the operating limits for facilities that comply with Tier I or Adjusted Tier I feed rate screening limits	266.103(c)(1)(iii)						
	replace ";" with "," and add phrase addressing compliance with Tier I or Adjusted Tier I feed rate screening limits	266.103(c)(1)(vi)						
	before "266.104(c)," replace "§§" with "§"; add sentence addressing owners and operators of facilities electing to comply with 266.104(f) alternative hydrocarbon provision  and requesting a 266.103(c)(7)(ii)(B) time extension;	266.103(c)(5)						
	replace "owner and operator request" with "owner or operator requests"; replace "them to" with "the facility to comply with the alternative hydrocarbon provisions of § 266.104(f) and"	266.103(c)(7)(ii)(B)						

	STANDARDS TO CONTROL ORGANIC EMISSIONS							
	replace initial "The" with "When the baseline HC (and CO) level is determined, the"; replace "when the baseline HC (and CO) level is determined" at end of sentence with a phrase regarding normal products, operating conditions, feedstocks and fuels; remove "(and CO)" after the second occurrence of "HC"; insert "HC" after "rolling average"; after "hazardous waste," replace phrase regarding normal operating conditions, feedstocks and fuels with phrase regarding adjustment for hydrocarbon level variability under good operating conditions; before last sentence, add sentence addressing baseline CO level determination; in last sentence, replace "may" with "must" and "different" with "lower" 	266.104(f)(1)						

	STANDARDS TO CONTROL METALS EMISSIONS							
	remove parentheses around "and Tier II"; add "either" after "comply with"; at end of subparagraph, add phrase addressing adjusted Tier I limits	266.106(b)(7)						
	in title, insert "and Adjusted Tier I"; add sentence addressing applicability of this paragraph	266.106(d)						
	remove "," after "each metal" and insert ". In addition, conformance with either the Tier III or Adjusted Tier I metals controls must be demonstrated by"	266.106(d)(1)						
	replace the equation as shown at 57 FR 38566	266.106(d)(3)						
	after "testing", add parenthetical phrase regarding facilities complying with Adjusted Tier I controls	266.106(d)(5)						
	STANDARDS TO CONTROL HYDROGEN CHLORIDE (HCl) AND CHLORINE GAS (Cl2) EMISSIONS							
	replace "(b) or (c)" with "(b), (c), or (e)"	266.107(a)						

	SMALL QUANTITY ON-SITE BURNER EXEMPTION							
	replace equation as shown at 57 FR 38566	266.108(c)						
	REGULATION OF RESIDUES							
	replace "concentrations" with "concentration"; insert "each" before "nonmetal toxic"; replace "constituents" with "constituent"; replace "levels" with "level"; at the end of the first sentence add phrase regarding level of detection	266.112(b)(2)(i)						
	APPENDIX IX TO PART 266							
	METHODS MANUAL FOR COMPLIANCE WITH THE BIF REGULATIONS							
	in footnote 1, replace "EPA-450/2-78-027" with "EPA-450/2-78-027R"	Appendix IX/Section 5.0/Table 5.0-3.						
	in the title, replace "ISCT PREDICATED" with "ISCST PREDICTED" and replace "µG/M3" with "µg/m3"	Appendix IX/Section 5.0/Table 5.0-4.						
	in the title, replace "ISCT PREDICATED" with "ISCST PREDICTED" and replace "µG/M3" with "µg/m3"	Appendix IX/Section 5.0/Table 5.0-5.						
	in first paragraph, add reference to footnote "1" after "(EPA 1986)"; in footnote 1, replace "EPA-450/2-78-027" with "EPA-450/2-78-027R"; in third paragraph, replace "Auer 3978" with "Auer 1978"	Appendix IX/Section 6.0, Subsection 6.1