Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 266.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Part 266 - STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Subpart H - Hazardous Waste Burned in Boilers and Industrial Furnaces › Section 11-266.100 - Applicability

Current through June, 2024
(a) The regulations of this subpart apply to
					 hazardous waste burned or processed in a boiler or industrial furnace (as
					 defined in § 260.10 of this chapter) irrespective of the purpose of
					 burning or processing, except as provided by paragraphs (b), (c), (d), (g), and
					 (h) of this section. In this subpart, the term "burn" means burning for energy
					 recovery or destruction, or processing for materials recovery or as an
					 ingredient. The emissions standards of §§ 266.104, 266.105, 266.106,
					 and 266.107 apply to facilities operating under interim status or under a RCRA
					 permit as specified in §§ 266.102 and 266.103.
(b) Integration of the MACT standards.
(1) Except as provided by paragraphs (b)(2),
					 (b)(3), and (b)(4) of this section, the standards of this part do not apply to
					 a new hazardous waste boiler or industrial furnace unit that becomes subject to
					 RCRA permit requirements after October 12, 2005; or no longer apply when an
					 owner or operator of an existing hazardous waste boiler or industrial furnace
					 unit demonstrates compliance with the maximum achievable control technology
					 (MACT) requirements of part 63, subpart EEE, of this chapter by conducting a
					 comprehensive performance test and submitting to the Administrator a
					 Notification of Compliance under §§ 63.1207(j) and 63.1210(d) of this
					 chapter documenting compliance with the requirements of part 63, subpart EEE,
					 of this chapter. Nevertheless, even after this demonstration of compliance with
					 the MACT standards, RCRA permit conditions that were based on the standards of
					 this part will continue to be in effect until they are removed from the permit
					 or the permit is terminated or revoked, unless the permit expressly provides
					 otherwise.
(2) The following
					 standards continue to apply:
(i) If you elect
					 to comply with § 270.235(a)(1)(i) of this chapter to minimize emissions of
					 toxic compounds from startup, shutdown, and malfunction events, §
					 266.102(e)(1) requiring operations in accordance with the operating
					 requirements specified in the permit at all times that hazardous waste is in
					 the unit, and § 266.102(e)(2)(iii) requiring compliance with the emission
					 standards and operating requirements during startup and shutdown if hazardous
					 waste is in the combustion chamber, except for particular hazardous wastes.
					 These provisions apply only during startup, shutdown, and malfunction
					 events;
(ii) The closure
					 requirements of §§ 266.102(e)(11) and 266.103(l);
(iii) The standards for direct transfer of
					 § 266.111;
(iv) The standards
					 for regulation of residues of § 266.112; and
(v) The applicable requirements of subparts A
					 through H, BB and CC of parts 264 and 265 of this chapter.
(3) If you own or operate a boiler or
					 hydrochloric acid production furnace that is an area source under § 63.2
					 of this chapter and you elect not to comply with the emission standards under
					 §§ 63.1216, 63.1217, and 63.1218 of this chapter for particulate
					 matter, semivolatile and low volatile metals, and total chlorine, you also
					 remain subject to:
(i) Section
					 266.105-Standards to control particulate matter;
(ii) Section 266.106-Standards to control
					 metals emissions, except for mercury; and
(iii) Section 266.107-Standards to control
					 hydrogen chloride and chlorine gas.
(4) The particulate matter standard of §
					 266.105 remains in effect for boilers that elect to comply with the alternative
					 to the particulate matter standard under §§ 63.1216(e) and 63.1217(e)
					 of this chapter.