South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.266 - 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 61-79.266.H.100 - Applicability (6/03)

Current through Register Vol. 48, No. 6, June 28, 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) 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 permit as
				  specified in R.61-79.266.102 and 266.103.
(b) Integration of the MACT standards.
(1) Except as provided by (b)(2), (b)(3), and
				  (b)(4) of this section, the standards 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 40 CFR part 63 , Subpart EEE, by conducting a comprehensive
				  performance test and submitting to the Department a Notification of Compliance
				  under 63.1207(j) and 63.1210(d) documenting compliance with the requirements of
				  40 CFR part 63 , Subpart EEE. Nevertheless, even after this demonstration of
				  compliance with the MACT standards, RCRA permit conditions that were based on
				  the standards 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) 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.
(3) If you own or operate a boiler or
				  hydrochloric acid production furnace that is an area source under section 63.2
				  and you elect not to comply with the emission standards under sections 63.1216,
				  63.1217, and 63.1218 for particulate matter, semivolatile and low volatile
				  metals, and total chlorine, you also remain subject to:
(i) 266.105--Standards to control particulate
				  matter;
(ii) 266.106--Standards to
				  control metals emissions, except for mercury; and
(iii) 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 sections 63.1216(e) and
				  63.1217(e).