40 CFR 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
§266.108 Small quantity on-site burner exemption.
(a) Exempt quantities. Owners and operators of facilities that burn hazardous waste in an
on-site boiler or industrial furnace are exempt from the requirements of this subpart
provided that:
(1) The quantity of hazardous waste burned in a device for a calendar month does not
exceed the limits provided in the following table based on the terrain-adjusted effective
stack height as defined in §266.106(b)(3):
Exempt Quantities for Small Quantity Burner Exemption
TABLE/GRAPH OMITTED
(2) The maximum hazardous waste firing rate does not exceed at any time 1 percent of the
total fuel requirements for the device (hazardous waste plus other fuel) on a total heat
input or mass input basis, whichever results in the lower mass feed rate of hazardous
waste.
(3) The hazardous waste has a minimum heating value of 5,000 Btu/lb., as generated; and
(4) The hazardous waste fuel does not contain (and is not derived from) EPA Hazardous
Waste Nos. F020, F021, F022, F023, F026, or F027.
(b) Mixing with nonhazardous fuels. If hazardous waste fuel is mixed with a nonhazardous
fuel, the quantity of hazardous waste before such mixing is used to comply with paragraph
(a).
(c) Multiple stacks. If an owner or operator burns hazardous waste in more than one
on-site boiler or industrial furnace exempt under this section, the quantity limits
provided by paragraph (a)(1) of this section are implemented according to the following
equation:
TABLE/GRAPH OMITTED
where:
n means the number of stacks;
Actual Quantity Burned means the waste quantity burned per month in device "i'';
Allowable Quantity Burned means the maximum allowable exempt quantity for stack "i''
from the table in (a)(1) above.
Note: Hazardous wastes that are subject to the special requirements for small quantity
generators under §261.5 of this chapter may be burned in an off-site device under the
exemption provided by §266.108, but must be included in the quantity determination for
the exemption.
(d) Notification requirements. The owner or operator of facilities qualifying for the
small quantity burner exemption under this section must provide a one-time signed, written
notice to EPA indicating the following:
(1) The combustion unit is operating as a small quantity burner of hazardous waste;
(2) The owner and operator are in compliance with the requirements of this section; and
(3) The maximum quantity of hazardous waste that the facility may burn per month as
provided by §266.108(a)(1).
(e) Recordkeeping requirements. The owner or operator must maintain at the facility for at
least three years sufficient records documenting compliance with the hazardous waste
quantity, firing rate, and heating value limits of this section. At a minimum, these
records indicate the quantity of hazardous waste and other fuel burned in each unit per
calendar month, and the heating value of the hazardous waste.
(Approved by the Office of Management and Budget under control number 2050-0073)
(56 FR 7208, Feb. 21, 1991; 56 FR 32690, July 17, 1991, as amended at 56 FR 42515, Aug.
27, 1991)