40 CFR § 266.108 - Small quantity on-site burner exemption.
(1) The quantity of hazardous waste burned in a device for a calendar month does not exceed the limits provided in the following table based on the terrain-adjusted effective stack height as defined in § 266.106(b)(3):
Exempt Quantities for Small Quantity Burner Exemption
|Terrain-adjusted effective stack height of device (meters)||Allowable hazardous waste burning rate (gallons/month)||Terrain-adjusted effective stack height of device (meters)||Allowable hazardous waste burning rate (gallons/month)|
|0 to 3.9||0||40.0 to 44.9||210|
|4.0 to 5.9||13||45.0 to 49.9||260|
|6.0 to 7.9||18||50.0 to 54.9||330|
|8.0 to 9.9||27||55.0 to 59.9||400|
|10.0 to 11.9||40||60.0 to 64.9||490|
|12.0 to 13.9||48||65.0 to 69.9||610|
|14.0 to 15.9||59||70.0 to 74.9||680|
|16.0 to 17.9||69||75.0 to 79.9||760|
|18.0 to 19.9||76||80.0 to 84.9||850|
|20.0 to 21.9||84||85.0 to 89.9||960|
|22.0 to 23.9||93||90.0 to 94.9||1,100|
|24.0 to 25.9||100||95.0 to 99.9||1,200|
|26.0 to 27.9||110||100.0 to 104.9||1,300|
|28.0 to 29.9||130||105.0 to 109.9||1,500|
|30.0 to 34.9||140||110.0 to 114.9||1,700|
|35.0 to 39.9||170||115.0 or greater||1,900|
(2) The maximum hazardous waste firing rate does not exceed at any time 1 percent of the total fuel requirements for the device (hazardous waste plus other fuel) on a total heat input or mass input basis, whichever results in the lower mass feed rate of hazardous waste.
(3) The hazardous waste has a minimum heating value of 5,000 Btu/lb, as generated; and
(c) Multiple stacks. If an owner or operator burns hazardous waste in more than one on-site boiler or industrial furnace exempt under this section, the quantity limits provided by paragraph (a)(1) of this section are implemented according to the following equation:
Hazardous wastes that are subject to the special requirements for small quantity generators under § 261.5 of this chapter may be burned in an off-site device under the exemption provided by § 266.108, but must be included in the quantity determination for the exemption.
(d) Notification requirements. The owner or operator of facilities qualifying for the small quantity burner exemption under this section must provide a one-time signed, written notice to EPA indicating the following:
(1) The combustion unit is operating as a small quantity burner of hazardous waste;
(e) Recordkeeping requirements. The owner or operator must maintain at the facility for at least three years sufficient records documenting compliance with the hazardous waste quantity, firing rate, and heating value limits of this section. At a minimum, these records must indicate the quantity of hazardous waste and other fuel burned in each unit per calendar month, and the heating value of the hazardous waste.
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