Haw. Code R. § 11-266-112 - Regulation of residues
A residue derived from the burning or processing of hazardous waste in a boiler or industrial furnace is not excluded from the definition of a hazardous waste under paragraph 11-261-4(b)(4), (7), or (8) unless the device and the owner or operator meet the following requirements:
(a) The device meets the following criteria:
(1) Boilers. Boilers must burn at least fifty
percent coal on a total heat input or mass input basis, whichever results in
the greater mass feed rate of coal;
(2) Ore or mineral furnaces. Industrial
furnaces subject to paragraph 11-261-4(b)(7) must process at least fifty
percent by weight normal, nonhazardous raw materials;
(3) Cement kilns. Cement kilns must process
at least fifty percent by weight normal cement-production raw
materials;
(b) The owner
or operator demonstrates that the hazardous waste does not significantly affect
the residue by demonstrating conformance with either of the following criteria:
(1) Comparison of waste-derived residue with
normal residue. The waste-derived residue must not contain appendix VIII,
chapter 11-261 constituents (toxic constituents) that could reasonably be
attributable to the hazardous waste at concentrations significantly higher than
in residue generated without burning or processing of hazardous waste, using
the following procedure. Toxic compounds that could reasonably be attributable
to burning or processing the hazardous waste (constituents of concern) include
toxic constituents in the hazardous waste, and the organic compounds listed in
appendix VIII of this chapter that may be generated as products of incomplete
combustion. Sampling and analyses shall be in conformance with procedures
prescribed in Test Methods for Evaluating Solid Waste, Physical/Chemical
Methods, incorporated by reference in subsection 11-260-11(a).
(i) Normal residue. Concentrations of toxic
constituents of concern in normal residue shall be determined based on analyses
of a minimum of ten samples representing a minimum of ten days of operation.
Composite samples may be used to develop a sample for analysis provided that
the compositing period does not exceed twenty four hours. The upper tolerance
limit (at ninety-five percent confidence with a ninety-five percent proportion
of the sample distribution) of the concentration in the normal residue shall be
considered the statistically-derived concentration in the normal residue. If
changes in raw materials or fuels reduce the statistically-derived
concentrations of the toxic constituents of concern in the normal residue, the
statistically-derived concentrations must be revised or statistically-derived
concentrations of toxic constituents in normal residue must be established for
a new mode of operation with the new raw material or fuel. To determine the
upper tolerance limit in the normal residue, the owner or operator shall use
statistical procedures prescribed in "Statistical Methodology for Bevill
Residue Determinations" in appendix IX.
(ii) Waste-derived residue. Waste-derived
residue shall be sampled and analyzed as often as necessary to determine
whether the residue generated during each twenty-four-hour period has
concentrations of toxic constituents that are higher than the concentrations
established for the normal residue under subparagraph (b)(1)(i). If so,
hazardous waste burning has significantly affected the residue and the residue
shall not be excluded from the definition of a hazardous waste. Concentrations
of toxic constituents of concern in the waste-derived residue shall be
determined based on analysis of one or more samples obtained over a
twenty-four-hour period. Multiple samples may be analyzed, and multiple samples
may be taken to form a composite sample for analysis provided that the sampling
period does not exceed twenty four hours. If more than one sample is analyzed
to characterize waste-derived residues generated over a twenty-four-hour
period, the concentration of each toxic constituent shall be the arithmetic
mean of the concentrations in the samples. No results may be disregarded;
or
(2) Comparison of
waste-derived residue concentrations with health-based limits ---
(i) Nonmetal constituents. The concentration
of each nonmetal toxic constituent of concern (specified in paragraph (b)(1) of
this section) in the waste-derived residue must not exceed the health-based
level specified in appendix VII of this chapter, or the level of detection
(using analytical procedures prescribed in SW-846), whichever is higher. If a
health-based limit for a constituent of concern is not listed in appendix VII
of this chapter, then a limit of 0.002 micrograms per kilogram or the level of
detection (using analytical procedures prescribed in SW-846), whichever is
higher, shall be used. The levels specified in appendix VII (and the default
level of 0.002 micrograms per kilogram or the level of detection for
constituents as identified in Note 1 of appendix VII of this chapter) are
administratively stayed under the condition, for those constituents specified
in paragraph (b)(1), that the owner or operator complies with alternative
levels defined as the land disposal restriction limits specified in section
11-268-43 for F039 nonwastewaters. In complying with those alternative levels,
if an owner or operator is unable to detect a constituent despite documenting
use of best good-faith efforts as defined by applicable departmental guidance
or standards, the owner or operator is deemed to be in compliance for that
constituent. Until new guidance or standards are developed, the owner or
operator may demonstrate such good-faith efforts by achieving a detection limit
for the constituent that does not exceed an order of magnitude above the level
provided by section 11-268-43 for F039 nonwastewaters. The stay will remain in
effect until this paragraph is further amended; and
(ii) Metal constituents. The concentration of
metals in an extract obtained using the Toxicity Characteristic Leaching
Procedure of section 11-261-24 must not exceed the levels specified in appendix
VII; and
(iii) Sampling and
analysis. Waste-derived residue shall be sampled and analyzed as often as
necessary to determine whether the residue generated during each
twenty-four-hour period has concentrations of toxic constituents that are
higher than the health-based levels. Concentrations of toxic constituents of
concern in the waste-derived residue shall be determined based on analysis of
one or more samples obtained over a twenty-four-hour period. Multiple samples
may be analyzed, and multiple samples may be taken to form a composite sample
for analysis provided that the sampling period does not exceed twenty-four
hours. If more than one sample is analyzed to characterize waste-derived
residues generated over a twenty-four-hour period, the concentration of each
toxic constituent shall be the arithmetic mean of the concentrations in the
samples. No results may be disregarded; and
(c) Records sufficient to document compliance
with the provisions of this section shall be retained until closure of the
boiler or industrial furnace unit. At a minimum, the following shall be
recorded:
(1) Levels of constituents in
appendix VIII, chapter 11-261, that are present in waste-derived
residues;
(2) If the waste-derived
residue is compared with normal residue under paragraph (b)(1) of this section:
(i) The levels of constituents in appendix
VIII, chapter 11-261, that are present in normal residues; and
(ii) Data and information, including analyses
of samples as necessary, obtained to determine if changes in raw materials or
fuels would reduce the concentration of toxic constituents of concern in the
normal residue.
Notes
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