Proposed Technical Clarification Pertaining to Regulations for Boilers and Industrial Furnaces

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.

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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]

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