Faxback 11032

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 legiti mately 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 enforce ment 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 , s melter, or blast fur nace) where the waste r eplaces 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 h eat value, provided that theFaxback 11032

mixture does not contain a hazardous waste that does not have sub

stantial 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 ru le 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 purpo ses, 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 li ke 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 ind ustrial 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 f or 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 Dav e Sussman
of our Waste Treatment Branch at 382

- 7917.

cc: Hazardous Waste Division Directors, Regions I

- XFaxback 11032

Ginny Steiner, Solid Waste Enforcement Steve Silverman, Legal Counsel

bcc: Steve Lingle, Waste Treatment Branch Bob Holloway, Waste Treatment Bra nch Dave Sussman, Waste Treatment Branch