Section 11-266-100 - Applicability(a) The regulations of this subchapter apply to hazardous waste burned or processed in a boiler or industrial furnace (as defined in section 11-260-10) irrespective of the purpose of burning or processing, except as provided by subsections (b), (c), (d), and (f) of this section. In this subchapter, the term "burn" means burning for energy recovery or destruction, or processing for materials recovery or as an ingredient. The emissions standards of sections 11-266-104, 11-266-105, 11-266-106, and 11-266-107 apply to facilities operating under interim status or under a RCRA or hazardous waste management operating permit as specified in sections 11-266-102 and 11-266-103.(b) The following hazardous wastes and facilities are not subject to regulation under this subchapter: (1) Used oil burned for energy recovery that is also a hazardous waste solely because it exhibits a characteristic of hazardous waste identified in subchapter C of chapter 11-261. Such used oil is subject to regulation under chapter 11-279;(2) Gas recovered from hazardous or solid waste landfills when such gas is burned for energy recovery;(3) Hazardous wastes that are exempt from regulation under section 11-261-4 and clauses 11-261-6(a)(3)(iv) through (vi), and hazardous wastes that are subject to the special requirements for conditionally exempt small quantity generators under section 11-261-5; and(4) Coke ovens, if the only hazardous waste burned is EPA Hazardous Waste No. K087, decanter tank tar sludge from coking operations.(c) Owners and operators of smelting, melting, and refining furnaces (including pyrometallurgical devices such as cupolas, sintering machines, roasters, and foundry furnaces, but not including cement kilns, aggregate kilns, or halogen acid furnaces burning hazardous waste) that process hazardous waste solely for metal recovery are conditionally exempt from regulation under this subchapter, except for sections 11-266-101 and 11-266-112. (1) To be exempt from sections 11-266-102 through 11-266-111, an owner or operator of a metal recovery furnace or mercury recovery furnace, must comply with the following requirements, except that an owner or operator of a lead or a nickel-chromium recovery furnace, or a metal recovery furnace that burns baghouse bags used to capture metallic dusts emitted by steel manufacturing, must comply with the requirements of paragraph (c)(3): (i) Provide a one-time written notice to the director indicating the following: (A) The owner or operator claims exemption under this subsection;(B) The hazardous waste is burned solely for metal recovery consistent with the provisions of paragraph (c) (2);(C) The hazardous waste contains recoverable levels of metals; and(D) The owner or operator will comply with the sampling and analysis and recordkeeping requirements of this subsection;(ii) Sample and analyze the hazardous waste and other feedstocks as necessary to comply with the requirements of this subsection under procedures specified by Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, SW-846, incorporated by reference in section 11-260-11 or alternative methods that meet or exceed the SW-846 method performance capabilities. If SW-846 does not prescribe a method for a particular determination, the owner or operator shall use the best available method; and(iii) Maintain at the facility for at least three years records to document compliance with the provisions of this subsection including limits on levels of toxic organic constituents and Btu value of the waste, and levels of recoverable metals in the hazardous waste compared to normal nonhazardous waste feedstocks.(2) A hazardous waste meeting either of the following criteria is not processed solely for metal recovery: (i) The hazardous waste has a total concentration of organic compounds listed in chapter 11-261, appendix VIII, exceeding five-hundred ppm by weight, as-fired, and so is considered to be burned for destruction. The concentration of organic compounds in a waste as-generated may be reduced to the five-hundred ppm limit by bona fide treatment that removes or destroys organic constituents. Blending for dilution to meet the five-hundred ppm limit is prohibited and documentation that the waste has not been impermissibly diluted must be retained in the records required by subparagraph (c) (1) (iii); or(ii) The hazardous waste has a heating value of five-thousand Btu/lb or more, as-fired, and so is considered to be burned as fuel. The heating value of a waste as-generated may be reduced to below the five-thousand Btu/lb limit by bona fide treatment that removes or destroys organic constituents. Blending for dilution to meet the five-thousand Btu/lb limit is prohibited and documentation that the waste has not been impermissibly diluted must be retained in the records required by subparagraph (c) (1) (iii).(3) To be exempt from sections 11-266-102 through 11-266-111, an owner or operator of a lead or nickel-chromium or mercury recovery furnace, or a metal recovery furnace that burns baghouse bags used to capture metallic dusts emitted by steel manufacturing, must provide a one-time written notice to the director identifying each hazardous waste burned and specifying whether the owner or operator claims an exemption for each waste under this paragraph or paragraph (c)(1). The owner or operator must comply with the requirements of paragraph (c)(1) for those wastes claimed to be exempt under that paragraph and must comply with the requirements below for those wastes claimed to be exempt under this paragraph (c)(3). (i) The hazardous wastes listed in appendices XI, XII, and XIII, chapter 11-266, and baghouse bags used to capture metallic dusts emitted by steel manufacturing are exempt from the requirements of paragraph (c)(1), provided that: (A) A waste listed in appendix IX must contain recoverable levels of lead, a waste listed in appendix XII must contain recoverable levels of nickel or chromium, a waste listed in appendix XIII must contain recoverable levels of mercury and contain less than 500 ppm of chapter 11-261, appendix VIII organic constituents, and baghouse bags used to capture metallic dusts emitted by steel manufacturing must contain recoverable levels of metal; and(B) The waste does not exhibit the Toxicity Characteristic of section 11-261-24 for an organic constituent; and(C) The waste is not a hazardous waste listed in subchapter D of chapter 11-261 because it is listed for an organic constituent as identified in appendix VII of chapter 11-261; and(D) The owner or operator certifies in the onetime notice that hazardous waste is burned under the provisions of paragraph (c)(3) and that sampling and analysis will be conducted or other information will be obtained as necessary to ensure continued compliance with these requirements. Sampling and analysis shall be conducted according to subparagraph (c)(1)(ii) and records to document compliance with paragraph (c)(3) shall be kept for at least three years.(ii) The director may decide on a case-by-case basis that the toxic organic constituents in a material listed in appendix XI, XII, or XIII that contains a total concentration of more than five-hundred ppm toxic organic compounds listed in appendix VIII, chapter 11-261, may pose a hazard to human health and the environment when burned in a metal recovery furnace exempt from the requirements of this subchapter. In that situation, after adequate notice and opportunity for comment, the metal recovery furnace will become subject to the requirements of this subchapter when burning that material. In making the hazard determination, the director will consider the following factors: (A) The concentration and toxicity of organic constituents in the material; and(B) The level of destruction of toxic organic constituents provided by the furnace; and(C) Whether the acceptable ambient levels established in appendices IV or V may be exceeded for any toxic organic compound that may be emitted based on dispersion modeling to predict the maximum annual average off-site ground level concentration.(d) The standards for direct transfer operations under section 11-266-111 apply only to facilities subject to the permit standards of section 11-266-102 or the interim status standards of section 11-266-103.(e) The management standards for residues under section 11-266-112 apply to any boiler or industrial furnace burning hazardous waste.(f) Owners and operators of smelting, melting, and refining furnaces (including pyrometallurgical devices such as cupolas, sintering machines, roasters, and foundry furnaces) that process hazardous waste for recovery of economically significant amounts of the precious metals gold, silver, platinum, palladium, iridium, osmium, rhodium, or ruthenium, or any combination of these are conditionally exempt from regulation under this subchapter, except for section 11-266-112. To be exempt from sections 11-266-101 through 11-266-111, an owner or operator must: (1) Provide a one-time written notice to the director indicating the following: (i) The owner or operator claims exemption under this subsection;(ii) The hazardous waste is burned for legitimate recovery of precious metal; and(iii) The owner or operator will comply with the sampling and analysis and recordkeeping requirements of this paragraph; and(2) Sample and analyze the hazardous waste as necessary to document that the waste is burned for recovery of economically significant amounts of precious metal using procedures specified by Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, SW-846, incorporated by reference in section 11-260-11 or alternative methods that meet or exceed the SW-846 method performance capabilities. If SW-846 does not prescribe a method for a particular determination, the owner or operator shall use the best available method; and(3) Maintain at the facility for at least three years records to document that all hazardous wastes burned are burned for recovery of economically significant amounts of precious metal.Haw. Code R. § 11-266-100
[Eff 6/18/94; am 3/13/99; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-35) (Imp: 40 C.F.R. §266.100 )