Utah Admin. Code R315-265-340 - Incinerators - Applicability

(a) Sections R315-265-340 through R315-265-352 apply to owners and operators of hazardous waste incinerators, as defined in Subsection R315-260-10(c)(71), except as Section R315-265-1 provides otherwise.

(b) Integration of MACT standards.

(1) Except as provided by Subsections R315-265-340(b)(2) and R315-265-340(b)(3), the standards of Rule R315-265 no longer apply if an owner or operator demonstrates compliance with the maximum achievable control technology (MACT) requirements of 40 CFR part 63, subpart EEE, by conducting a comprehensive performance test and submitting to the director a Notification of Compliance in accordance with 40 CFR 63.1207(j) and 40 CFR 63.1210(d) documenting compliance with the requirements of 40 CFR part 63, subpart EEE.

(2) The MACT standards do not replace the closure requirements of Section R315-264-351 or the applicable requirements of Sections R315-265-1 through R315-265-150, R315-265-1050 through R315-265-1064, and R315-265-1080 through R315-265-1090.

(3) Section R315-265-345 generally prohibiting burning of hazardous waste during startup and shutdown remains in effect if the owner or operator elects to comply with Subsection R315-270-235(b)(1)(i) to minimize emissions of toxic compounds from startup and shutdown.

(c) Owners and operators of incinerators burning hazardous waste are exempt from the requirements of Sections R315-265-340 through R315-265-352, except Section R315-265-351, Closure, if the owner or operator has documented, in writing, that the waste would not reasonably be expected to contain any of the hazardous constituents listed in Section R315-261-1092, which incorporates Appendix VIII to 40 CFR Part 261 by reference, and the documentation is kept at the facility, if the waste to be burned is:

(1) listed as a hazardous waste in Sections R315-261-30 through R315-261-35 solely because it is ignitable, Hazard Code I, corrosive, Hazard Code C, or both; or

(2) listed as a hazardous waste in Sections R315-261-30 through R315-261-35 solely because it is reactive, Hazard Code R, for characteristics other than those listed in Subsections R315-261-23(a)(4) and R315-261-23(a)(5), and will not be burned if other hazardous wastes are present in the combustion zone; or

(3) a hazardous waste solely because it has the characteristic of ignitability, corrosivity, or both, as determined by the tests for characteristics of hazardous wastes under Sections R315-261-20 through R315-261-24; or

(4) a hazardous waste solely because it has the reactivity characteristics described by Subsection R315-261-23(a)(1), R315-261-23(a)(2), R315-261-23(a)(3), R315-261-23(a)(6), R315-261-23(a)(7), or R315-261-23(a)(8), and will not be burned if other hazardous wastes are present in the combustion zone.

Notes

Utah Admin. Code R315-265-340

Adopted by Utah State Bulletin Number 2025-02, effective 1/13/2025