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MEMORANDUM:

DATE: FEB 28 1984

SUBJECT: Guidance on Determining When a Hazardous Waste Is a 

Legitimate Fuel That May Be Burned for Energy Recovery in 

a Boiler or Industrial Furnace

FROM: John H. Skinner, Director Office of Solid Waste (WH-562)

TO: Thomas W. Devine

Director, Air and Waste Management Division

Region IV

This is in response to your January 13 memo requesting 

guidance on allowable concentrations of halogenated solvents 

in waste fuels burned in high-efficiency boilers and rotary 

kiln incinerators.

This issue is understandably creating some confusion in 

your region and others as well. I believe that clarification 

of the following three points can clear up the confusion: (1) 

the types of combustion devices that can legitimately recover 

energy; (2) the hazardous wastes that are legitimate fuels; 

and (3) the status of our efforts to regulate burning in 

boilers and industrial furnaces.

Legitimate energy recovery can occur only when a 

legitimate fuel is burned in a legitimate energy recovery 

device. The enforcement guidance you referenced (48 FR 11157 

(March 16, 1983)) and the subsequent proposed amendments to 

the solid waste definition (48 FR 14507-511 (April 4, 1983)) 

provide guidance to identify legitimate energy recovery

combustion devices and legitimate fuels.

A legitimate energy recovery device must be a boiler that 

recovers usable heat (i.e., not just to preheat combustion 

air) or an industrial furnace (e.g.. process kiln, smelter, or 

blast furnace) where the waste replaces other fuels. An 

incinerator cannot burn hazardous waste without a RCRA permit.

A hazardous waste is a legitimate fuel if it has 

substantial heat value, as generated. A blended hazardous 

waste is a legitimate fuel if the mixture has substantial heat 

value, provided that the
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mixture does not contain a hazardous waste that does not have substantial heat value. The enforcement guidance indicates that a 

waste has substantial heat value if it has a heat value of 5,000 to 

8,000 BTU/lb, as a rule of thumb. Thus, a hazardous waste with 

less than 5,000 BTU/lb heat value as generated is not considered to 

be a legitimate fuel, and any waste that is intentionally mixed 

with such a low heat value waste is not a legitimate fuel. For 

enforcement purposes, if a waste fuel contains high concentrations 

(say, >5%) of low heat value hazardous wastes, the Agency would 

have good reason to assume that intentional mixing has occurred, 

and should request documentation to the contrary from the party 

claiming the exemption. If it can be shown that each hazardous 

waste in the mixture has substantial heat value as generated, i.e.,

>5,000 BTU)/lb, the waste is a legitimate fuel regardless of the 

concentration of low energy constituents (e.g., halogenated 

compounds like chlorinated solvents) in each waste or in the 

blended fuel.

The distinction between legitimate and illegitimate waste 

fuels is, at this point, a temporary necessity. We are regulating 

the burning of waste fuel in boilers and industrial furnaces under 

a two-phased approach. We will propose a rule this summer that 

prohibits burning in nonindustrial boilers of any hazardous waste 

and used oils that exceed a specification for toxic contaminants. 

Marketers and burners of hazardous waste fuels burned in industrial 

boilers and furnaces (and utility boilers) would be subject to 

notification, transportation, and storage requirements. Marketers and 

burners of off-specification used oil fuel would be subject to 

notification requirements and an invoice system to track shipments.

Technical controls on burning waste fuels in industrial 

boilers and furnaces will be proposed in spring 1985. We are now 

looking at regulatory alternatives for these units. When these 

regulations are promulgated, we will have controls for burning of 

hazardous wastes in these units regardless of purpose (i.e., 

regardless of whether the waste is a legitimate fuel burned for 

energy recovery or a low energy waste burned for destruction).

If you have comments or questions, please contact Dave Sussman 

of our Waste Treatment Branch at 382-7917.

cc: Hazardous Waste Division Directors, Regions I-X
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Ginny Steiner, Solid Waste Enforcement

Steve Silverman, Legal Counsel

bcc: Steve Lingle, Waste Treatment Branch

Bob Holloway, Waste Treatment Branch 

Dave Sussman, Waste Treatment Branch