94-15068. Proposed Technical Clarification Pertaining to Regulations for Boilers and Industrial Furnaces  

  • [Federal Register Volume 59, Number 118 (Tuesday, June 21, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-15068]
    
    
    [[Page Unknown]]
    
    [Federal Register: June 21, 1994]
    
    
    -----------------------------------------------------------------------
    
    
    DEPARTMENT OF TRANSPORTATION
    40 CFR Part 266
    
    [FRL-5002-3]
    
     
    
    Proposed Technical Clarification Pertaining to Regulations for 
    Boilers and Industrial Furnaces
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Proposed Technical Amendment.
    
    -----------------------------------------------------------------------
    
    SUMMARY: EPA is proposing a minor amendment to the rules for Boilers 
    and Industrial Furnaces (BIFs). EPA believes that this amounts only to 
    a technical amendment (because it reflects the Agency's intent as 
    expressed either in the BIF rule or preamble), but is soliciting 
    comment to assure opportunity for public participation. The amendment 
    would add certain mercury-bearing wastes to the list of wastes that can 
    be burned in metal-recovery furnaces pursuant to 40 CFR 266.100(c) 
    without triggering the substantive BIF requirements.
        Because the proposed amendment is minor, the comment period is 
    limited to three weeks. After considering any public comments it 
    receives and revising the amendment accordingly, the EPA may finalize 
    it in the Land Disposal Restrictions Phase II Rule, scheduled for 
    promulgation in July 1994. The Phase II LDR rule was proposed September 
    14, 1993 (see 58 FR 48092).
    
    DATES: Comments must be submitted by July 12, 1994.
    
    ADDRESSES: The public must send an original and two copies of their 
    written comments to EPA RCRA Docket (5305), U.S. Environmental 
    Protection Agency, 401 M St., SW., Washington, DC 20460. Place the 
    Docket Number F-94-BFTA-FFFFF on your comments. The RCRA Docket is open 
    from 9:00 am to 4:00 pm Monday through Friday, except for Federal 
    holidays. The public must make an appointment to review docket 
    materials by calling (202) 260-9327. The public may copy a maximum of 
    100 pages from any regulatory document at no cost. Additional copies 
    cost $.15 per page. The mailing address is EPA RCRA Docket (5305), U.S. 
    Environmental Protection Agency, 401 M Street, SW., Washington, DC 
    20460.
    
    FOR FURTHER INFORMATION: Contact Robert Holloway (5302W), Chief, 
    Combustion Section, Waste Treatment Branch, U.S. Environmental 
    Protection Agency, 401 M Street, SW., Washington, DC 20460, (703) 803-
    8461.
    
    SUPPLEMENTARY INFORMATION:
    
    Amendment of Boiler and Industrial Furnace Rules for Certain 
    Mercury-Containing Wastes
    
        The final BIF rule conditionally defers regulation of smelting, 
    melting, and refining furnaces that burn hazardous waste solely for 
    legitimate metal recovery. See Sec. 266.100(c). The rule provides three 
    tests for the determination of burning solely for legitimate metal 
    recovery. The heating value of the waste cannot exceed 5000 Btu/lb (if 
    so, the waste is considered to be burned partially for energy 
    recovery), the concentration of appendix VIII organic constituents in 
    the waste cannot exceed 500 ppm (if so, the waste is considered to be 
    burned partially for destruction), and the waste must have recoverable 
    levels of metal.
        The Chlorine Institute has informed the Agency that there are 
    certain mercury-bearing wastes that can in fact be processed for 
    mercury recovery but would be inappropriately classified as being 
    burned for the purpose of energy recovery because their fuel value may 
    exceed 5000 Btu/lb. These wastes, proposed to be listed in Appendix 
    XIII to Part 266 by today's notice, are activated carbon, decomposer 
    graphite, wood, paper, and protective clothing from the electrolytic 
    mercury cell process used for the production of chlorine. These wastes 
    can contain from hundreds of parts per million to percent levels (in 
    some cases, as high as 45%) of mercury. (See in the RCRA docket for 
    this notice the letter dated May 13, 1994 from the Chlorine Institute, 
    Inc. to Matthew A. Straus.) The wastes also are already subject to a 
    LDR treatment standard that requires recovery of mercury as the method 
    of treatment. (See Table 2 in 40 CFR 268.42, D001 High Mercury 
    Subcategory.) Under these circumstances, the Agency believes that it 
    would be anomalous to consider these wastes to be burned for a purpose 
    other than metal recovery based on the Btu content.
        EPA notes that these wastes can only be recovered in devices that 
    are either: (a) subject to the mercury National Emission Standard 
    (NESHAP) found at 40 CFR Part 61 Subpart F; (b) subject to a Best 
    Achievable Control Technology (BACT) or Lowest Achievable Emission Rate 
    (LAER) standard for mercury imposed pursuant to a Prevention of 
    Significant Deterioration (PSD) permit; or (c) subject to a state 
    permit that establishes emission limitations (within the meaning of 
    section 302 of the Clean Air Act) for mercury. (See Table 2 at 268.42, 
    D001 High Mercury Subcategory, and 55 FR at 22570 (June l, l990).) 
    Thus, air emissions from these devices should already be sufficiently 
    controlled so that further RCRA regulation is unnecessary at this time. 
    55 FR at 22570. Consequently, this proposed amendment is consistent not 
    only with EPA's intent in promulgating the deferral for metal recovery 
    devices in the BIF rule, but is consistent with the Agency's 
    determination in establishing LDR treatment standards for high mercury 
    wastes that air emissions from mercury recovery devices were adequately 
    controlled provided any of the three conditions set forth above (and in 
    the rules) are satisfied.
    
        Dated: June 15, 1994.
    Elliott P. Laws,
    Assistant Administrator.
    
    For the reasons set out above, title 40, chapter I of the Code of 
    Federal Regulations is proposed to be amended as follows:
    
    PART 266--STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES 
    AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES
    
        1. The authority citation for Part 266 continues to read as 
    follows:
    
        Authority: Secs. 1006, 2002(a), 3004, and 3014 of the Solid 
    Waste Disposal Act, as amended by the Resource Conservation and 
    Recovery Act of 1976, as amended (42 U.S.C. 6905, 6912(a), 6924, and 
    6934).
    
    Subpart H--Hazardous Waste Burned in Boilers and Industrial 
    Furnaces (Effective August 21, 1991)
    
        2. In Sec. 266.100(c), paragraphs (c)(3)(i) introductory text, 
    (c)(3)(i)(A), and (c)(3)(ii) introductory text are revised to read as 
    follows:
    
    
    Sec. 266.100  Applicability.
    
    * * * * *
        (3) To be exempt from Secs. 266.102 through 266.111, an owner or 
    operator of a lead or nickel-chromium or mercury recovery furnace, or a 
    metal recovery furnace that burns baghouse bags used to capture 
    metallic dusts emitted by steel manufacturing, must 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 this paragraph or paragraph (c)(1) of this section. 
    The owner or operator must comply with the requirements of paragraph 
    (c)(1) of this section for those wastes claimed to be exempt under that 
    paragraph and must comply with the requirements below for those wastes 
    claimed to be exempt under this paragraph.
        (i) The hazardous wastes listed in appendices XI, XII, and XIII, 
    part 266, and baghouse bags used to capture metallic dusts emitted by 
    steel manufacturing are exempt from the requirements of paragraph 
    (c)(1) of this section, provided that:
        (A) A waste listed in appendix IX must contain recoverable levels 
    of lead, a waste listed in appendix XII must contain recoverable levels 
    of nickel or chromium, a waste listed in appendix XIII must contain 
    recoverable levels of mercury, and baghouse bags used to capture 
    metallic dusts emitted by steel manufacturing must contain recoverable 
    levels of metal; and
    * * * * *
        (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 this part that contains a total concentration of more than 500 ppm 
    toxic organic compounds listed in appendix VIII, part 261 of this 
    chapter, may pose a hazard to human health and the environment when 
    burned in a metal recovery furnace exempt from the requirements of this 
    subpart. In that situation, after adequate notice and opportunity for 
    comment, the metal recovery furnace will become subject when burning 
    that material. In making the hazard determination, the Director will 
    consider the following factors:
    * * * * *
        3. Appendix XIII is added to Part 266 to read as follows:
    
    Appendix XIII To Part 266--Mercury-Bearing Wastes That May Be Processed 
    By Exempt Chlorine Manufacturing Industries
    
        Exempt Mercury-Bearing Materials When Generated or Originally 
    Produced by Chlorine Manufacturing Industries Using the Electrolytic 
    Mercury Cell Process.
    
    Activated carbon
    Decomposer graphite
    Wood
    Paper
    Protective clothing
    
    [FR Doc. 94-15068 Filed 6-20-94; 8:45 am]
    BILLING CODE 6560-50-P
    
    
    

Document Information

Published:
06/21/1994
Department:
Transportation Department
Entry Type:
Uncategorized Document
Action:
Proposed Technical Amendment.
Document Number:
94-15068
Dates:
Comments must be submitted by July 12, 1994.
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: June 21, 1994, FRL-5002-3
CFR: (1)
40 CFR 266.100