This part applies to owners and operators of facilities that thermally treat hazardous waste, except as part 7045.0552 provides otherwise.
The following facility owners or operators are considered to thermally treat hazardous waste: owners or operators of hazardous waste incinerators as defined in part 7045.0020; and owners or operators who burn hazardous wastes in boilers or in industrial furnaces in order to destroy the wastes.
Owners and operators of thermal treatment facilities that thermally treat hazardous waste are exempt from all the requirements of this part except subpart 5, if the owner or operator has documented, in writing, that the waste would not reasonably be expected to contain constituents listed in part 7045.0141, and the documentation is kept at the facility, and the waste to be treated is:
In addition to the waste analysis required by part 7045.0564, the owner or operator shall sufficiently analyze any waste which he or she has not previously treated in the thermal treatment process to enable him or her to establish steady state or other appropriate operating conditions for a noncontinuous process, including waste and auxiliary fuel feed and air flow and to determine the type of pollutants which might be emitted. The analysis must determine:
Before adding hazardous waste, the owner or operator shall bring the thermal treatment process to steady state conditions of operation, including steady state operating temperature and air flow, using auxiliary fuel or other means, unless the process is a noncontinuous thermal treatment process which requires a complete thermal cycle to treat a discrete quantity of hazardous waste. For incinerators, this requirement applies during start-up and shutdown.
The owner or operator shall conduct the following monitoring and inspections when thermally treating hazardous waste:
At closure, the owner or operator shall remove all hazardous waste and hazardous waste residues, including, but not limited to, ash, scrubber waters, and scrubber sludges, from the thermal treatment process or equipment. At closure, as throughout the operating period, unless the owner or operator can demonstrate that any waste removed from the thermal treatment process, or equipment is not a hazardous waste, the owner or operator becomes a generator of hazardous waste and shall manage it in accordance with all applicable requirements of parts 7045.0205 to 7045.1030.
Open burning of hazardous waste is prohibited except for the open burning and detonation of waste explosives. Waste explosives include waste which has the potential to detonate, and bulk military propellants which cannot safely be disposed of through other modes of treatment. Detonation is an explosion in which chemical transformation passes through all material faster than the speed of sound, 0.33 kilometers per second at sea level. Owners or operators choosing to open burn or detonate waste explosives shall do so in accordance with the distance limitations of the following table and in a manner that does not threaten human health or the environment.
Property Line Separation
Pounds of waste explosives or propellants | Minimum distance from open burning or detonation to the property of others |
0 to 100 | 204 meters (670 feet) |
101 to 1,000 | 380 meters (1,250 feet) |
1,001 to 10,000 | 530 meters (1,730 feet) |
10,001 to 30,000 | 690 meters (2,260 feet) |
Minn. R. agency 167, ch. 7045, INTERIM STATUS STANDARDS, pt. 7045.0640
Statutory Authority: MS s 116.07