The Environmental Protection Agency Regulations 40 CFR Part
266, Subpart H (as published by EPA on January 4, 1985 and February 21, 1991,
and as amended on July 17, 1991; August 27, 1991; August 25, 1992;
September 30, 1992; November 9, 1993; July 20, 1993;
June 29, 1995; June 13, 1997; September 30, 1999; June 14;
2005;
April 4, 2006; July 14, 2006; and March 18, 2010)
except
§266.108, designated in Rules
335-14-7-.08(1) through
(8) and Rules
335-14-7-.08(10)
through 335-14-7-.08(13),
are incorporated herein by reference as set forth in 40 CFR, Part 266 .
Any provisions of 40 CFR Part 266, Subpart H and Appendices I
through XIII which are inconsistent with other provisions of the ADEM
Administrative Code are not incorporated herein by reference.
In the event that any Code of Federal Regulations Rule(s)
incorporated herein by reference refers to or cites another Code of Federal
Regulations Rule(s), other than 40 CFR Part 264, Subpart BB, such reference to
the other Code of Federal Regulations Rule(s) is not incorporated herein and
the ADEM Administration Code rule specifically addressing said issue or
circumstance shall take precedence, be applicable and govern.
The materials incorporated by reference are available for
purchase and inspection at the Department's offices at 1400 Coliseum Boulevard,
Montgomery, Alabama 36110.
(1)
§266.100 Applicability (as published by EPA on
February 21, 1991).
(2)
§266.101 Management prior to burning (as
published by EPA on February 21, 1991 and amended on August 25, 1992; September
30; 1999; and March 18, 2010).
(3)
§266.102 Permit standards for burners (as
published by EPA on February 21, 1991 and amended on July 17, 1991; August 27,
1991; June 14, 2005; April 4, 2006; and July 14; 2006).
(4)
§266.103 Interim status
standards for burners (as published by EPA on February 21, 1991
and amended on July 17, 1991; August 27, 1991; August 25, 1992; September 30,
1992; June 29, 1995; April 4, 2006; and July 14, 2006).
(5)
§266.104 Standards to
control organic emissions (as published by EPA on February 21,
1991 and as amended on July 17, 1991; August 25, 1992; July 20, 1993; June 29,
1995; and June 13, 1997).
(6)
§266.105 Standards to control particulate matter
(as published by EPA on February 21, 1991 and amended on September 30,
1999).
(7)
§266.106 Standards to control metals emissions
(as published by EPA on February 21, 1991 and amended on July 17, 1991; August
25, 1992; July 20, 1993; June 13, 1997; June 14, 2005; and July 14,
2006).
(8)
§266.107 Standards to control hydrogen chloride (HC1) and
chlorine gas (CI2) emissions (as published by EPA on February 21,
1991 and amended on July 17, 1991; August 25, 1992; and June 13,
1997).
(9)
Small
Quantity on-site burner exemption.
(a) Exempt quantities. Owners and operators
of facilities that burn hazardous waste generated on-site in an on-site boiler
or industrial furnace are exempt from the requirements of
335-14-7-.08 provided that:
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) of
40 CFR:
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 one 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
4. The hazardous waste fuel
does not contain (and is not derived from) EPA Hazardous Waste Nos. F020, F021,
F022, F023, F026, or F027.
(b) Mixing with nonhazardous fuels. If
hazardous waste fuel is mixed with a nonhazardous fuel, the quantity of
hazardous waste before such mixing is used to comply with
335-14-7-.08(9)(a)
(c) Multiple stacks. If an owner
or operator burns hazardous waste in more than one on-site boiler or industrial
furnace exempt under
335-14-7-.08(9),
the quantity limits provided by
335-14-7-.08(9)(a)
l. are implemented according to the following equation:
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where: n means the number of stacks;
Actual Quantity Burned means the waste quantity burned per
month in device "i";
Allowable Quantity Burned means the maximum allowable exempt
quantity for stack "i" from the table in
335-14-7-.08(9)
(a) l.
Note: This exemption does not relieve the facility from the
necessity of obtaining appropriate Air Permits from the Department which would
authorize the use of alternate feed streams.
(d) Notification requirements. The owner or
operator of facilities qualifying for the small quantity burner exemption under
335-14-7-.08(9)
must provide a one-time signed, written notice to EPA and ADEM indicating the
following:
1. The combustion unit is
operating as a small quantity burner of hazardous waste;
2. The owner and operator are in compliance
with the requirements of
335-14-7-.08(9);
and
3. The maximum quantity of
hazardous waste that the facility may burn per month as provided by
335-14-7-.08(9)
(a) l.
(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
335-14-7-.08(9)
and any other parameters deemed necessary by the Department. 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.
(f) Monitoring requirements.
1. The combustion device shall be operated in
conformance with the carbon monoxide controls provided by §266.104(b)(1)
and (b)(2). Devices subject to the exemption provided by
335-14-7-.08(9)
are not eligible for the alternative carbon monoxide controls provided by
§266.104(c).
2. Additional or
alternative monitoring techniques may be required on a case-by-case basis by
the Director.
(g)
Automatic waste feed cutoff. A boiler or industrial furnace must be operated
with a functioning system that automatically cuts off the hazardous waste feed
when operating conditions specified in
335-14-7-.08(9)(f)
are exceeded.
(h) Start-up and
shut-down. Hazardous waste must not be fed into the device during start-up and
shut-down of the boiler or industrial furnace unless the device is operating
within the conditions of operation specified in the Air Permit.
(10)
§266.109 Low risk waste exemption (as published
by EPA on February 21, 1991 and amended on July 17, 1991; August 27, 1991; and
July 14, 2006).
(11)
§266.110 Waiver of PRE trial burn for boilers (as
published by EPA on February 21, 1991 and amended on July 17 1991; and August
27, 1991).
(12)
§266.111 Standards for direct transfer (as
published by EPA on January 4, 1985 and amended on August 27, 1991).
(13)
§266.112 Regulation of
residues (as published by EPA on January 4, 1985 and amended on
August 27, 1991; August 25, 1992; November 9, 1993; September 30, 1999; and
June 14, 2005).
