S.C. Code Regs. § § 61-79.264.O.340

Current through Register Vol. 48, 12, December 27, 2024

Section 61-79.264.O.340 - Applicability

(a) The regulations of this subpart apply to owners and operators of facilities that incinerate hazardous waste (as defined in 260.10), except as 264.1 provides otherwise. The following facility owners or operators are considered to incinerate hazardous waste:

(1) Owners or operators of hazardous waste incinerators (as defined in R.61-79.260.10); 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 regulation.

(b) Integration of the MACT standards. (9/01)

(1) Except as provided by paragraphs (b)(2) through (b)(4) of this section, the standards of this part do not apply to a new hazardous waste incineration 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 incineration unit demonstrates compliance with the maximum achievable control technology (MACT) requirements of part 63, subpart EEE, of this chapter by conducting a comprehensive performance test and submitting to the Administrator a Notification of Compliance under 40 CFR 63.1207(j) and 63.1210(d) of this chapter documenting compliance with the requirements of part 63, subpart EEE. Nevertheless, even after this demonstration of compliance with the MACT standards, RCRA permit conditions that were based on the standards of this part 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) If the waste analysis shows that the waste contains none of the hazardous constituents listed in R.61-79.261, Appendix VIII, which would reasonably be expected to be in the waste.

(3) The particulate matter standard of 264.343(c) remains in effect for incinerators that elect to comply with the alternative to the particulate matter standard under 40 CFR 63.1206(b)(14) and 63.1219(e).

(4) The following requirements remain in effect for startup, shutdown, and malfunction events if you elect to comply with 270.235(a)(1)(i) to minimize emissions of toxic compounds from these events:

(i) 264.345(a) requiring that an incinerator operate in accordance with operating requirements specified in the permit; and

(ii) 264.345(c) 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.

(c) After consideration of the waste analysis included with Part B of the permit application, the Department, upon demonstration by the owner or operator, must exempt the applicant from all requirements of this Subpart except 264.341 (Waste Analysis) and 264.351 (Closure),

(1) If the Department finds that the waste to be burned is:

(i) Listed as a hazardous waste in part 261, Subpart D, solely because it is ignitable (Hazard Code I), corrosive (Hazard Code C), or both; or

(ii) Listed as a hazardous waste in part 261, Subpart D, 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 the combustion zone; or

(iii) A hazardous waste solely because it possesses the characteristic of ignitability, corrosivity, or both, as determined by the test for characteristics of hazardous wastes under part 261, Subpart C; or

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

(2) If the waste analysis shows that the waste contains none of the hazardous constituents listed in part 261, Appendix VIII, which would reasonably be expected to be in the waste.

(d) The owner or operator of an incinerator may conduct trial burns subject only to the requirements of R.61-79.270.62 (Short Term and Incinerator Permits).

(e) The owner or operator of an incinerator may conduct trial burns subject only to the requirements of Section270.62 (hazardous waste incinerator permits).

S.C. Code Regs. § 61-79.264.O.340

Amended by State Register Volume 10, Issue No. 1, eff January 24, 1986; State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 17, Issue No. 12, eff December 24, 1993; State Register Volume 26, Issue No. 6, Part 1, eff June 28, 2002; State Register Volume 27, Issue No. 6, Part 1, eff June 27, 2003; State Register Volume 32, Issue No. 6, eff June 27, 2008; State Register Volume 34, Issue No. 5, eff May 28, 2010; State Register Volume 39, Issue No. 06, eff. 6/26/2015; State Register Volume 46, Issue No. 05, eff. 5/27/2022.