7 Del. Admin. Code § 1302-265-O-265.340

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 1302-265-O-265.340 - Applicability

(a) The regulations of this subpart apply to owners and operators of hazardous waste incinerators (as defined in § 260.10 of these regulations), except as § 265.1 provides otherwise.

(1) Owners or operators of hazardous wastes incinerators (as defined in § 260.10 of these regulations); and

(2) Owners or operators who burn hazardous waste in boilers or in industrial furnaces in order to destroy them, or who burn hazardous waste in boilers or in industrial furnaces for any recycling purpose and elect to be regulated under this subpart.

(b) Integration of the MACT standards.

(1) Except as provided by paragraph (b)(2) of this section, the standards of this part no longer apply when an owner or operator 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 EPA Administrator with a copy to the DNREC Solid and Hazardous Waste Management Section, a Notification of Compliance under 40 CFR §§ 63.1207(j) and 63.1210(d) documenting compliance with the requirements of 40 CFR Part 63, Subpart EEE.

(2) The following requirements continue to apply even where the owner or operator has demonstrated compliance with the MACT requirements of 40 CFR Part 63, Subpart EEE, § 265.351 (closure) and the applicable requirements of Subparts A through H, BB and CC of this part.

(c) Owners and operators of incinerators burning hazardous waste are exempt from all of the requirements of this subpart, except § 265.351 (Closure), provided that the owner or operator has documented, in writing, that the waste would not reasonably be expected to contain any of the hazardous constituents listed in Part 261, Appendix VIII, of these regulations, and such documentation is retained at the facility, if the waste to be burned is:

(1) Listed as a hazardous waste in Part 261, Subpart D, of these regulations solely because it is ignitable (Hazard Code I), corrosive (Hazard Code C), or both; or

(2) Listed as hazardous waste in Part 261, Subpart D, of these regulations solely because it is reactive (Hazard Code R) for characteristics other than those listed in § 261.23 (a)(4) and (5), and will not be burned when other hazardous wastes are present in combustion zone; or

(3) A hazardous waste solely because it possesses the characteristic of ignitability, corrosivity, or both, as determined by the tests for characteristics of hazardous waste under Part 261, Subpart C, of these regulations; or

(4) A hazardous waste solely because it possesses the reactivity characteristics described by § 261.23 (a)(1), (2), (3), (6), (7), or (8) of these regulations, and will not be burned when other hazardous wastes are present in the combustion zone.

(Amended November 21, 1985; August 29, 1988; July 26, 1994, April 23, 2001)

7 Del. Admin. Code § 1302-265-O-265.340