Environmental Quality - Waste Management and Radiation Control, Waste Management - Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities (United States)

Environmental Quality - Waste Management and Radiation Control, Waste Management - Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities

Published: 2020-09-14

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R315. Environmental Quality, Waste Management and Radiation Control, Waste Management.

R315-266. Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities.

R315-266-20. Recyclable Materials Used in a Manner Constituting Disposal -- Applicability.

(a) The regulations of Sections R315-266-20 through 23 apply to recyclable materials that are applied to or placed on the land:

(1) Without mixing with any other substance(s); or

(2) After mixing or combination with any other substance(s). These materials shall be referred to throughout Sections R315-266-20 through 23 as "materials used in a manner that constitutes disposal."

(b) Products produced for the general public's use that are used in a manner that constitutes disposal and that contain recyclable materials are not presently subject to regulation if the recyclable materials have undergone a chemical reaction in the course of producing the products so as to become inseparable by physical means and if such products meet the applicable treatment standards in Sections R315-268-40 through 49, or applicable prohibition levels in Section R315-268-32 or RCRA section 3004(d), where no treatment standards have been established, for each recyclable material, i.e., hazardous waste, that they contain, and the recycler complies with Subsection R315-268-7(b)(6).

(c) Anti-skid/deicing uses of slags, which are generated from high temperature metals recovery (HTMR) processing of hazardous waste K061, K062, and F006, in a manner constituting disposal are not covered by the exemption in Subsection R315-266-20(b) and remain subject to regulation.

(d) Fertilizers that contain recyclable materials are not subject to regulation provided that:

(1) They are zinc fertilizers excluded from the definition of solid waste according to Subsection R315-261-4(a)(21); or

(2) They meet the applicable treatment standards in Sections R315-268-40 through 49 for each hazardous waste that they contain.

R315-266-21. Recyclable Materials Used in a Manner Constituting Disposal -- Standards Applicable to Generators and Transporters of Materials Used in a Manner That Constitutes Disposal.

Generators and transporters of materials that are used in a manner that constitutes disposal are subject to the applicable requirements of Rules R315-262 and 263, and the notification requirement under section 3010 of RCRA.

R315-266-22. Recyclable Materials Used in a Manner Constituting Disposal -- Standards Applicable to Storers of Materials That Are to Be Used in a Manner That Constitutes Disposal Who Are Not the Ultimate Users.

Owners or operators of facilities that store recyclable materials that are to be used in a manner that constitutes disposal, but who are not the ultimate users of the materials, are regulated under all applicable provisions of Sections R315-264-1 through 259; 40 CFR 265.1 through 260, which are adopted by reference; and Rules R315-270 and 124 and the notification requirement under section 3010 of RCRA.

R315-266-23. Recyclable Materials Used in a Manner Constituting Disposal -- Standards Applicable to Users of Materials That Are Used in a Manner That Constitutes Disposal.

(a) Owners or operators of facilities that use recyclable materials in a manner that constitutes disposal are regulated under all applicable provisions of Rules R315-124, 264, 265, 268, and 270 and the notification requirement under section 3010 of RCRA. These requirements do not apply to products which contain these recyclable materials under the provisions of Subsection R315-266-20(b).

(b) The use of waste or used oil or other material, which is contaminated with dioxin or any other hazardous waste, other than a waste identified solely on the basis of ignitability, for dust suppression or road treatment is prohibited.

R315-266-70. Recyclable Materials Utilized for Precious Metal Recovery -- Applicability and Requirements.

(a) The regulations of Section R315-266-70 apply to recyclable materials that are reclaimed to recover economically significant amounts of gold, silver, platinum, palladium, iridium, osmium, rhodium, ruthenium, or any combination of these.

(b) Persons who generate, transport, or store recyclable materials that are regulated under Section R315-266-70 are subject to the following requirements:

(1) Notification requirements under section 3010 of RCRA;

(2) Sections R315-262-20 through 262-27, for generators, Sections R315-263-20 and 263-21, for transporters; and Sections R315-265-71 and 265-72, for persons who store; and

(3) For precious metals exported to or imported from other countries for recovery, Sections R315-262-80 through 262-84 and Section R315-265-12.

(c) Persons who store recycled materials that are regulated under Section R315-266-70 shall keep the following records to document that they are not accumulating these materials speculatively, as defined in Subsection R315-261-1(c);

(1) Records showing the volume of these materials stored at the beginning of the calendar year;

(2) The amount of these materials generated or received during the calendar year; and

(3) The amount of materials remaining at the end of the calendar year.

(d) Recyclable materials that are regulated under Section R315-266-70 that are accumulated speculatively, as defined in Subsection R315-261-1(c), are subject to all applicable provisions of Rules R315-262 through 265, 270, and 124.

R315-266-80. Spent Lead-Acid Batteries Being Reclaimed -- Applicability and Requirements.

(a) Are spent lead-acid batteries exempt from hazardous waste management requirements? If you generate, collect, transport, store, or regenerate lead-acid batteries for reclamation purposes, you may be exempt from certain hazardous waste management requirements. Use Subsections R315-266-80(a)(1) through (7) to determine which requirements apply to you. Alternatively, you may choose to manage your spent lead-acid batteries under the "Universal Waste" rule in Rule R315-273.

(1) If your batteries will be reclaimed through regeneration, such as by electrolyte replacement, then you are exempt from Rules R315-262, except for Section R315-262-11; 263; 264; 265; 266; 268; 270; and 124, and the notification requirements at section 3010 of RCRA and you are subject to Rule R315-261 and Section R315-262-11.

(2) If your batteries will be reclaimed other than through regeneration and if you generate, collect, and/or transport these batteries then you are exempt from Rule R315-262, except for Section R315-262-11; 263; 264; 265; 266; 270; and 124, and the notification requirements at section 3010 of RCRA and you are subject to Rule R315-261 and Section R315-262-11, and applicable provisions under Rule R315-268.

(3) If your batteries will be reclaimed other than through regeneration and if you store these batteries but you aren't the reclaimer then you are exempt from Rule R315-262, except for Section R315-262-11; 263; 264; 265; 266; 270; and 124, and the notification requirements at section 3010 of RCRA and you are subject to Rule R315-261 and Section R315-262-11, and applicable provisions under Rule R315-268.

(4) If your batteries will be reclaimed other than through regeneration and if you store these batteries before you reclaim them then you shall comply with Subsection R315-266-80(b) and as appropriate other regulatory provisions described in Subsection R315-266-80(b) and you are subject to Rule R315-261 and Section R315-262-11, and applicable provisions under Rule R315-268.

(5) If your batteries will be reclaimed other than through regeneration and if you don't store these batteries before you reclaim them then you are exempt from Rule R315-262, except for Section R315-262-11; 263; 264; 265; 266; 270; and 124, and the notification requirements at section 3010 of RCRA and you are subject to Rule R315-261 and Section R315-262-11, and applicable provisions under Rule R315-268.

(6) If your batteries will be reclaimed through regeneration or any other means and if you export these batteries for reclamation in a foreign country then you are exempt from Rules R315-262, except for Sections R315-262-11, R315-262-18, and R315-262-80 through R315-262-84, R315-263, R315-264, R315-265, R315-266, R315-268, R315-270, R315-124, and the notification requirements at section 3010 of RCRA and you are subject to Rule R315-261, Sections R315-262-11 and R315-262-18, and Sections R315-262-80 through R315-262-84.

(7) If your batteries will be reclaimed through regeneration or any other means and if you transport these batteries in the U.S. to export them for reclamation in a foreign country then you are exempt from Rules R315-263, 264, 265, 266, 268, 270, 124, and the notification requirements at section 3010 of RCRA and you shall comply with applicable requirements in Sections R315-262-80 through R315-262-84.

(8) If your batteries will be reclaimed other than through regeneration and if you import these batteries from foreign country and store these batteries but you aren't the reclaimer then you are exempt from Rules R315-262, except for Sections R315-262-11, 262-18 and 262-80 through 262-84, Rules R315-263, R315-264, R315-265, R315-266, R315-270, R315-124, and the notification requirements at section 3010 of RCRA and you are subject to Rule R315-261, Sections R315-262-11, 262-18, and 262-80 through 262-84, and applicable provisions under Rule R315-268.

(9) If your batteries will be reclaimed other than through regeneration and if you import these batteries from foreign country and store these batteries before you reclaim them then you shall comply with Subsection R315-266-80(b) and as appropriate other regulatory provisions described in Subsection R315-266-80(b) and you are subject to Rule R315-261, Sections R315-262-11, 262-18, and 262-80 through 262-84, and applicable provisions under Rule R315-268.

(10) If your batteries will be reclaimed other than through regeneration and if you import these batteries from foreign country and don't store these batteries before you reclaim them then you are exempt from Rules R315-262, except for Sections 262-11, 262-18 and 262-80 through 262-84, Rules R315-263, R315-264, R315-265, R315-266, R315-270, and R315-124, and the notification requirements at section 3010 of RCRA and you are subject to Rule R315-261, Sections R315-262-11, 262-18, and 262-80 through 262-84, and applicable provisions under Rule R315-268.

(b) If I store spent lead-acid batteries before I reclaim them but not through regeneration, which requirements apply? The requirements of Subsection R315-266-80(b) apply to you if you store spent lead-acid batteries before you reclaim them, but you don't reclaim them through regeneration. The requirements are slightly different depending on your permit status.

(1) For Interim Status Facilities, you shall comply with:

(i) Notification requirements under section 3010 of RCRA.

(ii) All applicable provisions in Sections R315-265-1 through 265-4.

(iii) All applicable provisions in Sections R315-265-10 through 265-19, except Section R315-265-13, waste analysis.

(iv) All applicable provisions in Sections R315-265-30 through 265-56.

(v) All applicable provisions in Sections R315-265-70 through 265-77, except Sections R315-265-71 and 265-72, dealing with the use of the manifest and manifest discrepancies.

(vi) All applicable provisions in Sections R315-265-90 through 265-260.

(vii) All applicable provisions in Rules R315-270 and 124.

(2) For Permitted Facilities:

(i) Notification requirements under section 3010 of RCRA.

(ii) All applicable provisions in Sections R315-264-1 through 4.

(iii) All applicable provisions in Sections R315-264-10 through 19, but not Section R315-264-13, waste analysis.

(iv) All applicable provisions in Sections R315-264-30 through 56.

(v) All applicable provisions in Sections R315-264-70 through 77, but not Sections R315-264-71 or 72, dealing with the use of the manifest and manifest discrepancies.

(vi) All applicable provisions in Sections R315-264-90 through 259.

(vii) All applicable provisions in Rules R315-270 and 124.

R315-266-100. Hazardous Waste Burned in Boilers and Industrial Furnaces -- Applicability.

(a) The regulations of Sections R315-266-100 through 112 apply to hazardous waste burned or processed in a boiler or industrial furnace, as defined in Section R315-260-10, irrespective of the purpose of burning or processing, except as provided by Subsections R315-266-100(b), (c), (d), (g), and (h). In Sections R315-266-100 through 112, the term "burn" means burning for energy recovery or destruction, or processing for materials recovery or as an ingredient. The emissions standards of Subsections R315-266-104, 105 through 107 apply to facilities operating under interim status or under a RCRA permit as specified in Subsections R315-266-102 and 103.

(b) Integration of the MACT standards.

(1) Except as provided by Subsections R315-266-100(b)(2), (b)(3), and (b)(4), the standards of Rule R315-266 do not apply to a new hazardous waste boiler or industrial furnace unit that becomes subject to RCRA permit requirements after October 12, 2005; or no longer apply when an owner or operator of an existing hazardous waste boiler or industrial furnace unit demonstrates compliance with the maximum achievable control technology (MACT) requirements of Subsection R307-214-2(39), which incorporates 40 CFR 63, subpart EEE, by conducting a comprehensive performance test and submitting to the Director a Notification of Compliance under 40 CFR 63.1207(j) and 63.1210(d),which are incorporated by Subsection R307-214-2(29), documenting compliance with the requirements of Subsection R307-214-2(29), which incorporates 40 CFR 63, subpart EEE. Nevertheless, even after this demonstration of compliance with the MACT standards, RCRA permit conditions that were based on the standards of Rule R315-266 shall continue to be in effect until they are removed from the permit or the permit is terminated or revoked, unless the permit expressly provides otherwise.

(2) The following standards continue to apply:

(i) If you elect to comply with Subsection R315-270-235(a)(1)(i) to minimize emissions of toxic compounds from startup, shutdown, and malfunction events, Subsection R315-266-102(e)(1) requiring operations in accordance with the operating requirements specified in the permit at all times that hazardous waste is in the unit, and Subsection R315-266-102(e)(2)(iii) requiring compliance with the emission standards and operating requirements during startup and shutdown if hazardous waste is in the combustion chamber, except for particular hazardous wastes. These provisions apply only during startup, shutdown, and malfunction events;

(ii) The closure requirements of Subsections R315-266-102(e)(11) and 103(l);

(iii) The standards for direct transfer of Section R315-266-111;

(iv) The standards for regulation of residues of Section R315-266-112; and

(v) The applicable requirements of Sections R315-264-1 through 151, 1050 through 1065 and 1080 through 1090 and 40 CFR 265.1 through 150, 1050 through 1064, and 1080 through 1090, which are adopted by reference.

(3) If you own or operate a boiler or hydrochloric acid production furnace that is an area source under 40 CFR 63.2 and you elect not to comply with the emission standards under 40 CFR 63.1216, 63.1217, and 63.1218 for particulate matter, semivolatile and low volatile metals, and total chlorine, you also remain subject to:

(i) Section R315-266-105-Standards to control particulate matter;

(ii) Section R315-266-106-Standards to control metals emissions, except for mercury; and

(iii) Section R315-266-107-Standards to control hydrogen chloride and chlorine gas.

(4) The particulate matter standard of Section R315-266-105 remains in effect for boilers that elect to comply with the alternative to the particulate matter standard under 40 CFR 63.1216(e) and 63.1217(e).

(1) Used oil burned for energy recovery that is also a hazardous waste solely because it exhibits a characteristic of hazardous waste identified in Sections R315-261-20 through 24. Such used oil is subject to regulation under Rule R315-15;

(2) Gas recovered from hazardous or solid waste landfills when such gas is burned for energy recovery;

(3) Hazardous wastes that are exempt from regulation under Section R315-261-4 and Subsections R315-261-6(a)(3)(iii) and (iv), and hazardous wastes that are subject to the special requirements for conditionally exempt small quantity generators under Section R315-261-5; and

(4) Coke ovens, if the only hazardous waste burned is EPA Hazardous Waste No. K087, decanter tank tar sludge from coking operations.

(d) Owners and operators of smelting, melting, and refining furnaces, including pyrometallurgical devices such as cupolas, sintering machines, roasters, and foundry furnaces, but not including cement kilns, aggregate kilns, or halogen acid furnaces burning hazardous waste, that process hazardous waste solely for metal recovery are conditionally exempt from regulation under Sections R315-266-100 through 112, except for Sections R315-266-101 and 266-112.

(1) To be exempt from Sections R315-266-102 through 111, an owner or operator of a metal recovery furnace or mercury recovery furnace shall comply with the following requirements, except that an owner or operator of a lead or a nickel-chromium recovery furnace, or a metal recovery furnace that burns baghouse bags used to capture metallic dusts emitted by steel manufacturing, shall comply with the requirements of Subsection R315-266-100(d)(3), and owners or operators of lead recovery furnaces that are subject to regulation under the Secondary Lead Smelting NESHAP shall comply with the requirements of Subsection R315-266-100(h).

(i) Provide a one-time written notice to the Director indicating the following:

(A) The owner or operator claims exemption under Subsection R315-266-100(d);

(B) The hazardous waste is burned solely for metal recovery consistent with the provisions of Subsection R315-266-100(d)(2);

(D) The owner or operator shall comply with the sampling and analysis and recordkeeping requirements of Subsection R315-266-100(d);

(ii) Sample and analyze the hazardous waste and other feedstocks as necessary to comply with the requirements of Subsection R315-266-100(d) by using appropriate methods; and

(iii) Maintain at the facility for at least three years records to document compliance with the provisions of Subsection R315-266-100(d) including limits on levels of toxic organic constituents and Btu value of the waste, and levels of recoverable metals in the hazardous waste compared to normal nonhazardous waste feedstocks.

(2) A hazardous waste meeting either of the following criteria is not processed solely for metal recovery:

(i) The hazardous waste has a total concentration of organic compounds listed in Rule R315-261, appendix VIII, exceeding 500 ppm by weight, as-fired, and so is considered to be burned for destruction. The concentration of organic compounds in a waste as-generated may be reduced to the 500 ppm limit by bona fide treatment that removes or destroys organic constituents. Blending for dilution to meet the 500 ppm limit is prohibited and documentation that the waste has not been impermissibly diluted shall be retained in the records required by Subsection R315-266-100(d)(1)(iii); or

(ii) The hazardous waste has a heating value of 5,000 Btu/lb or more, as-fired, and so is considered to be burned as fuel. The heating value of a waste as-generated may be reduced to below the 5,000 Btu/lb limit by bona fide treatment that removes or destroys organic constituents. Blending for dilution to meet the 5,000 Btu/lb limit is prohibited and documentation that the waste has not been impermissibly diluted shall be retained in the records required by Subsection R315-266-100(d)(1)(iii).

(3) To be exempt from Sections R315-266-102 through 111, an owner or operator of a lead or nickel-chromium or mercury recovery furnace, except for owners or operators of lead recovery furnaces subject to regulation under the Secondary Lead Smelting NESHAP, or a metal recovery furnace that burns baghouse bags used to capture metallic dusts emitted by steel manufacturing, shall provide a one-time written notice to the Director identifying each hazardous waste burned and specifying whether the owner or operator claims an exemption for each waste under Subsection R315-266-100(d)(3) or Subsection R315-266-100(d)(1). The owners or operator shall comply with the requirements of Subsection R315-266-100(d)(1) for those wastes claimed to be exempt under Subsection R315-266-100(d)(1) and shall comply with the requirements below for those wastes claimed to be exempt under Subsection R315-266-100(d)(3).

(i) The hazardous wastes listed in appendices XI, XII, and XIII, of Rule R315-266, and baghouse bags used to capture metallic dusts emitted by steel manufacturing are exempt from the requirements of Subsection R315-266-100(d)(1), provided that:

(A) A waste listed in appendix XI of Rule R315-266 shall contain recoverable levels of lead, a waste listed in appendix XII of Rule R315-266 shall contain recoverable levels of nickel or chromium, a waste listed in appendix XIII of Rule R315-266 shall contain recoverable levels of mercury and contain less than 500 ppm of Rule R315-261, appendix VIII organic constituents, and baghouse bags used to capture metallic dusts emitted by steel manufacturing shall contain recoverable levels of metal; and

(B) The waste does not exhibit the Toxicity Characteristic of Section R315-261-24 for an organic constituent; and

(C) The waste is not a hazardous waste listed in Sections R315-261-30 through 35 because it is listed for an organic constituent as identified in appendix VII of Rule R315-261; and

(D) The owner or operator certifies in the one-time notice that hazardous waste is burned under the provisions of Subsection R315-266-100(d)(3) and that sampling and analysis will be conducted or other information will be obtained as necessary to ensure continued compliance with these requirements. Sampling and analysis shall be conducted according to Subsection R315-266-100(d)(1)(ii) and records to document compliance with Subsection R315-266-100(d)(3) shall be kept for at least three years.

(ii) The Director may decide on a case-by-case basis that the toxic organic constituents in a material listed in appendix XI, XII, or XIII of Rule R315-266 that contains a total concentration of more than 500 ppm toxic organic compounds listed in appendix VIII, of Rule R315-261, may pose a hazard to human health and the environment when burned in a metal recovery furnace exempt from the requirements of Sections R315-266-100 through 112. In that situation, after adequate notice and opportunity for comment, the metal recovery furnace shall become subject to the requirements of Sections R315-266-100 through 112 when burning that material. In making the hazard determination, the Director shall consider the following factors:

(A) The concentration and toxicity of organic constituents in the material; and

(B) The level of destruction of toxic organic constituents provided by the furnace; and

(C) Whether the acceptable ambient levels established in appendices IV or V of Rule R315-266 may be exceeded for any toxic organic compound that may be emitted based on dispersion modeling to predict the maximum annual average off-site ground level concentration.

(e) The standards for direct transfer operations under Section R315-266-111 apply only to facilities subject to the permit standards of Section R315-266-102 or the interim status standards of Section R315-266-103.

(f) The management standards for residues under Section R315-266-112 apply to any boiler or industrial furnace burning hazardous waste.

(g) Owners and operators of smelting, melting, and refining furnaces, including pyrometallurgical devices such as cupolas, sintering machines, roasters, and foundry furnaces, that process hazardous waste for recovery of economically significant amounts of the precious metals gold, silver, platinum, palladium, iridium, osmium, rhodium, or ruthenium, or any combination of these are conditionally exempt from regulation under Sections R315-266-100 through 111. To be exempt from Sections R315-266-101 through 111, an owner or operator shall:

(1) Provide a one-time written notice to the Director indicating the following:

(i) The owner or operator claims exemption under Subsection R315-266-100(g);

(ii) The hazardous waste is burned for legitimate recovery of precious metal; and

(iii) The owner or operator shall comply with the sampling and analysis and recordkeeping requirements of Subsection R315-266-100(g); and

(2) Sample and analyze the hazardous waste as necessary to document that the waste contains economically significant amounts of the metals and that the treatment recovers economically significant amounts of precious metal; and

(3) Maintain at the facility for at least three years records to document that all hazardous wastes burned are burned for recovery of economically significant amounts of precious metal.

(h) Starting June 23, 1997, owners or operators of lead recovery furnaces that process hazardous waste for recovery of lead and that are subject to regulation under the Secondary Lead Smelting NESHAP, are conditionally exempt from regulation under Section R315-266-100 through 112, except for Subsection R315-266-101. To be exempt, an owner or operator shall provide a one-time notice to the Director identifying each hazardous waste burned and specifying that the owner or operator claims an exemption under Subsection R315-266-100(h). The notice also shall state that the waste burned has a total concentration of non-metal compounds listed in Rule R315-261, appendix VIII, of less than 500 ppm by weight, as fired and as provided in Subsection R315-266-100(d)(2)(i), or is listed in appendix XI to Rule R315-266.

R315-266-101. Hazardous Waste Burned in Boilers and Industrial Furnaces -- Management Prior to Burning.

(a) Generators. Generators of hazardous waste that is burned in a boiler or industrial furnace are subject to Rule R315-262.

(b) Transporters. Transporters of hazardous waste that is burned in a boiler or industrial furnace are subject to Rule R315-263.

(1) Owners and operators of facilities that store or treat hazardous waste that is burned in a boiler or industrial furnace are subject to the applicable provisions of Rules R315-264, 265 and 270, except as provided by Subsection R315-266-101(c)(2). These standards apply to storage and treatment by the burner as well as to storage and treatment facilities operated by intermediaries, processors, blenders, distributors, etc., between the generator and the burner.

(2) Owners and operators of facilities that burn, in an onsite boiler or industrial furnace exempt from regulation under the small quantity burner provisions of Section R315-266-108, hazardous waste that they generate are exempt from the regulations of Rules R315-264, 265 and 270 applicable to storage units for those storage units that store mixtures of hazardous waste and the primary fuel to the boiler or industrial furnace in tanks that feed the fuel mixture directly to the burner. Storage of hazardous waste prior to mixing with the primary fuel is subject to regulation as prescribed in Subsection R315-266-101(c)(1).

R315-266-102. Hazardous Waste Burned in Boilers and Industrial Furnaces -- Permit Standards for Burners.

(a) Applicability

(1) General. Owners and operators of boilers and industrial furnaces burning hazardous waste and not operating under interim status shall comply with the requirements of Section R315-266-102 and Sections R315-270-22 and 66, unless exempt under the small quantity burner exemption of Subsections R315-266-108.

(2) Applicability of Rule R315-264 standards. Owners and operators of boilers and industrial furnaces that burn hazardous waste are subject to the following provisions of Rule R315-264, except as provided otherwise by Sections R315-266-100 through 112:

(i) Section R315-264-4, General;

(ii) Sections R315-264-11 through 18, General facility standards;

(iii) Sections R315-264-31 through 37, Preparedness and prevention;

(iv) Sections R315-264-51 through 56, Contingency plan and emergency procedures;

(v) The applicable provisions of Sections R315-264-71 through 77, Manifest system, recordkeeping, and reporting;

(vi) Sections R315-264-90 and 101, Releases from Solid Waste Management Units;

(vii) Sections R315-264-111 through 115, Closure and post-closure;

(viii) Sections R315-264-141 through 143 and 147 through 151, Financial requirements; except that States and the Federal government are exempt from the requirements of Sections R315-264-140 through 151; and

(ix) Sections R315-264-1050 through 1065, Air emission standards for equipment leaks, except Subsections R315-264-1050(a).

(b) Hazardous waste analysis.

(1) The owner or operator shall provide an analysis of the hazardous waste that quantifies the concentration of any constituent identified in appendix VIII of Rule R315-261 that may reasonably be expected to be in the waste. Such constituents shall be identified and quantified if present, at levels detectable by using appropriate analytical procedures. The appendix VIII, Rule R315-261 constituents excluded from this analysis shall be identified and the basis for their exclusion explained. This analysis shall be used to provide all information required by Sections R315-266-100 through 112 and Subsections R315-270-22 and 66 and to enable the permit writer to prescribe such permit conditions as necessary to protect human health and the environment. Such analysis shall be included as a portion of the part B permit application, or, for facilities operating under the interim status standards of Sections R315-266-100 through 112, as a portion of the trial burn plan that may be submitted before the part B application under provisions of Subsections R315-270-66(g) as well as any other analysis required by the permit authority in preparing the permit. Owners and operators of boilers and industrial furnaces not operating under the interim status standards shall provide the information required by Subsections R315-270-22 or 66(c) in the part B application to the greatest extent possible.

(2) Throughout normal operation, the owner or operator shall conduct sampling and analysis as necessary to ensure that the hazardous waste, other fuels, and industrial furnace feedstocks fired into the boiler or industrial furnace are within the physical and chemical composition limits specified in the permit.

(c) Emissions standards. Owners and operators shall comply with emissions standards provided by Subsections R315-266-104 through 107.

(d) Permits.

(1) The owner or operator may burn only hazardous wastes specified in the facility permit and only under the operating conditions specified under Subsection R315-266-102(e), except in approved trial burns under the conditions specified in Section R315-270-66.

(2) Hazardous wastes not specified in the permit may not be burned until operating conditions have been specified under a new permit or permit modification, as applicable. Operating requirements for new wastes may be based on either trial burn results or alternative data included with part B of a permit application under Section R315-270-22.

(3) Boilers and industrial furnaces operating under the interim status standards of Section R315-266-103 are permitted under procedures provided by Subsections R315-270-66(g).

(4) A permit for a new boiler or industrial furnace, those boilers and industrial furnaces not operating under the interim status standards, shall establish appropriate conditions for each of the applicable requirements of Section R315-266-102, including but not limited to allowable hazardous waste firing rates and operating conditions necessary to meet the requirements of Subsection R315-266-102(e), in order to comply with the following standards:

(i) For the period beginning with initial introduction of hazardous waste and ending with initiation of the trial burn, and only for the minimum time required to bring the device to a point of operational readiness to conduct a trial burn, not to exceed a duration of 720 hours operating time when burning hazardous waste, the operating requirements shall be those most likely to ensure compliance with the emission standards of Sections R315-266-104 through 107, based on the Director's engineering judgment. If the applicant is seeking a waiver from a trial burn to demonstrate conformance with a particular emission standard, the operating requirements during this initial period of operation shall include those specified by the applicable provisions of Sections R315-266-104, 105, 106, or 107. The Director may extend the duration of this period for up to 720 additional hours when good cause for the extension is demonstrated by the applicant.

(ii) For the duration of the trial burn, the operating requirements shall be sufficient to demonstrate compliance with the emissions standards of Sections R315-266-104 through 107 and shall be in accordance with the approved trial burn plan;

(iii) For the period immediately following completion of the trial burn, and only for the minimum period sufficient to allow sample analysis, data computation, submission of the trial burn results by the applicant, review of the trial burn results and modification of the facility permit by the Director to reflect the trial burn results, the operating requirements shall be those most likely to ensure compliance with the emission standards Sections R315-266-104 through 107 based on the Director's engineering judgment.

(iv) For the remaining duration of the permit, the operating requirements shall be those demonstrated in a trial burn or by alternative data specified in Section R315-270-22, as sufficient to ensure compliance with the emissions standards of Sections R315-266-104 through 107.

(e) Operating requirements

(1) General. A boiler or industrial furnace burning hazardous waste shall be operated in accordance with the operating requirements specified in the permit at all times where there is hazardous waste in the unit.

(2) Requirements to ensure compliance with the organic emissions standards

(i) DRE standard. Operating conditions shall be specified either on a case-by-case basis for each hazardous waste burned as those demonstrated, in a trial burn or by alternative data as specified in Sections R315-270-22, to be sufficient to comply with the destruction and removal efficiency (DRE) performance standard of Subsection R315-266-104(a) or as those special operating requirements provided by Subsection R315-266-104(a)(4) for the waiver of the DRE trial burn. When the DRE trial burn is not waived under Subsection R315-266-104(a)(4), each set of operating requirements shall specify the composition of the hazardous waste, including acceptable variations in the physical and chemical properties of the hazardous waste which will not affect compliance with the DRE performance standard, to which the operating requirements apply. For each such hazardous waste, the permit shall specify acceptable operating limits including, but not limited to, the following conditions as appropriate:

(A) Feed rate of hazardous waste and other fuels measured and specified as prescribed in Subsection R315-266-102(e)(6);

(B) Minimum and maximum device production rate when producing normal product expressed in appropriate units, measured and specified as prescribed in Subsection R315-266-102(e)(6);

(D) Allowable variation in boiler and industrial furnace system design or operating procedures;

(E) Minimum combustion gas temperature measured at a location indicative of combustion chamber temperature, measured and specified as prescribed in Subsection R315-266-102(e)(6);

(F) An appropriate indicator of combustion gas velocity, measured and specified as prescribed in Subsection R315-266-102(e)(6), unless documentation is provided under Section R315-270-66 demonstrating adequate combustion gas residence time; and

(G) Such other operating requirements as are necessary to ensure that the DRE performance standard of Subsection R315-266-104(a) is met.

(ii) Carbon monoxide and hydrocarbon standards. The permit shall incorporate a carbon monoxide (CO) limit and, as appropriate, a hydrocarbon (HC) limit as provided by Subsections R315-266-104(b), (c), (d), (e) and (f). The permit limits shall be specified as follows:

(A) When complying with the CO standard of Subsections R315-266-104(b)(1), the permit limit is 100 ppmv;

(B) When complying with the alternative CO standard under Subsection R315-266-104(c), the permit limit for CO is based on the trial burn and is established as the average over all valid runs of the highest hourly rolling average CO level of each run, and the permit limit for HC is 20 ppmv, as defined in Subsection R315-266-104(c)(1), except as provided in Subsection R315-266-104(f).

(C) When complying with the alternative HC limit for industrial furnaces under Subsection R315-266-104(f), the permit limit for HC and CO is the baseline level when hazardous waste is not burned as specified by Subsection R315-266-104(f).

(iii) Start-up and shut-down. During start-up and shut-down of the boiler or industrial furnace, hazardous waste, except waste fed solely as an ingredient under the Tier I, or adjusted Tier I, feed rate screening limits for metals and chloride/chlorine, and except low risk waste exempt from the trial burn requirements under Subsections R315-266-104(a)(5) and R315-266-105through 107, shall not be fed into the device unless the device is operating within the conditions of operation specified in the permit.

(3) Requirements to ensure conformance with the particulate standard.

(i) Except as provided in Subsections R315-266-102(e)(3)(ii) and (iii), the permit shall specify the following operating requirements to ensure conformance with the particulate standard specified in Section R315-266-105:

(A) Total ash feed rate to the device from hazardous waste, other fuels, and industrial furnace feedstocks, measured and specified as prescribed in Subsection R315-266-102(e)(6);

(B) Maximum device production rate when producing normal product expressed in appropriate units, and measured and specified as prescribed in Subsection R315-266-102(e)(6);

(C) Appropriate controls on operation and maintenance of the hazardous waste firing system and any air pollution control system;

(D) Allowable variation in boiler and industrial furnace system design including any air pollution control system or operating procedures; and

(E) Such other operating requirements as are necessary to ensure that the particulate standard in Subsection R315-266-105(a) is met.

(ii) Permit conditions to ensure conformance with the particulate matter standard shall not be provided for facilities exempt from the particulate matter standard under Subsection R315-266-105(b);

(iii) For cement kilns and light-weight aggregate kilns, permit conditions to ensure compliance with the particulate standard shall not limit the ash content of hazardous waste or other feed materials.

(4) Requirements to ensure conformance with the metals emissions standard.

(i) For conformance with the Tier I, or adjusted Tier I, metals feed rate screening limits of Subsections R315-266-106(b) or (e), the permit shall specify the following operating requirements:

(A) Total feed rate of each metal in hazardous waste, other fuels, and industrial furnace feedstocks measured and specified under provisions of Subsection R315-266-102(e)(6);

(B) Total feed rate of hazardous waste measured and specified as prescribed in Subsection R315-266-102(e)(6);

(ii) For conformance with the Tier II metals emission rate screening limits under Subsection R315-266-106(c) and the Tier III metals controls under Subsection R315-266-106(d), the permit shall specify the following operating requirements:

(A) Maximum emission rate for each metal specified as the average emission rate during the trial burn;

(B) Feed rate of total hazardous waste and pumpable hazardous waste, each measured and specified as prescribed in Subsection R315-266-102(e)(6)(i);

(C) Feed rate of each metal in the following feedstreams, measured and specified as prescribed in Subsection R315-266-102(e)(6):

(I) Total feedstreams;

(II) Total hazardous waste feed; and

(III) Total pumpable hazardous waste feed;

(D) Total feed rate of chlorine and chloride in total feedstreams measured and specified as prescribed in Subsection R315-266-102(e)(6);

(E) Maximum combustion gas temperature measured at a location indicative of combustion chamber temperature, and measured and specified as prescribed in Subsection R315-266-102(e)(6);

(F) Maximum flue gas temperature at the inlet to the particulate matter air pollution control system measured and specified as prescribed in Subsection R315-266-102(e)(6);

(G) Maximum device production rate when producing normal product expressed in appropriate units and measured and specified as prescribed in Subsection R315-266-102(e)(6);