[Federal Register Volume 59, Number 118 (Tuesday, June 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15068]


[[Page Unknown]]

[Federal Register: June 21, 1994]


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DEPARTMENT OF TRANSPORTATION
40 CFR Part 266

[FRL-5002-3]

 

Proposed Technical Clarification Pertaining to Regulations for 
Boilers and Industrial Furnaces

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed Technical Amendment.

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SUMMARY: EPA is proposing a minor amendment to the rules for Boilers 
and Industrial Furnaces (BIFs). EPA believes that this amounts only to 
a technical amendment (because it reflects the Agency's intent as 
expressed either in the BIF rule or preamble), but is soliciting 
comment to assure opportunity for public participation. The amendment 
would add certain mercury-bearing wastes to the list of wastes that can 
be burned in metal-recovery furnaces pursuant to 40 CFR 266.100(c) 
without triggering the substantive BIF requirements.
    Because the proposed amendment is minor, the comment period is 
limited to three weeks. After considering any public comments it 
receives and revising the amendment accordingly, the EPA may finalize 
it in the Land Disposal Restrictions Phase II Rule, scheduled for 
promulgation in July 1994. The Phase II LDR rule was proposed September 
14, 1993 (see 58 FR 48092).

DATES: Comments must be submitted by July 12, 1994.

ADDRESSES: The public must send an original and two copies of their 
written comments to EPA RCRA Docket (5305), U.S. Environmental 
Protection Agency, 401 M St., SW., Washington, DC 20460. Place the 
Docket Number F-94-BFTA-FFFFF on your comments. The RCRA Docket is open 
from 9:00 am to 4:00 pm Monday through Friday, except for Federal 
holidays. The public must make an appointment to review docket 
materials by calling (202) 260-9327. The public may copy a maximum of 
100 pages from any regulatory document at no cost. Additional copies 
cost $.15 per page. The mailing address is EPA RCRA Docket (5305), U.S. 
Environmental Protection Agency, 401 M Street, SW., Washington, DC 
20460.

FOR FURTHER INFORMATION: Contact Robert Holloway (5302W), Chief, 
Combustion Section, Waste Treatment Branch, U.S. Environmental 
Protection Agency, 401 M Street, SW., Washington, DC 20460, (703) 803-
8461.

SUPPLEMENTARY INFORMATION:

Amendment of Boiler and Industrial Furnace Rules for Certain 
Mercury-Containing Wastes

    The final BIF rule conditionally defers regulation of smelting, 
melting, and refining furnaces that burn hazardous waste solely for 
legitimate metal recovery. See Sec. 266.100(c). The rule provides three 
tests for the determination of burning solely for legitimate metal 
recovery. The heating value of the waste cannot exceed 5000 Btu/lb (if 
so, the waste is considered to be burned partially for energy 
recovery), the concentration of appendix VIII organic constituents in 
the waste cannot exceed 500 ppm (if so, the waste is considered to be 
burned partially for destruction), and the waste must have recoverable 
levels of metal.
    The Chlorine Institute has informed the Agency that there are 
certain mercury-bearing wastes that can in fact be processed for 
mercury recovery but would be inappropriately classified as being 
burned for the purpose of energy recovery because their fuel value may 
exceed 5000 Btu/lb. These wastes, proposed to be listed in Appendix 
XIII to Part 266 by today's notice, are activated carbon, decomposer 
graphite, wood, paper, and protective clothing from the electrolytic 
mercury cell process used for the production of chlorine. These wastes 
can contain from hundreds of parts per million to percent levels (in 
some cases, as high as 45%) of mercury. (See in the RCRA docket for 
this notice the letter dated May 13, 1994 from the Chlorine Institute, 
Inc. to Matthew A. Straus.) The wastes also are already subject to a 
LDR treatment standard that requires recovery of mercury as the method 
of treatment. (See Table 2 in 40 CFR 268.42, D001 High Mercury 
Subcategory.) Under these circumstances, the Agency believes that it 
would be anomalous to consider these wastes to be burned for a purpose 
other than metal recovery based on the Btu content.
    EPA notes that these wastes can only be recovered in devices that 
are either: (a) subject to the mercury National Emission Standard 
(NESHAP) found at 40 CFR Part 61 Subpart F; (b) subject to a Best 
Achievable Control Technology (BACT) or Lowest Achievable Emission Rate 
(LAER) standard for mercury imposed pursuant to a Prevention of 
Significant Deterioration (PSD) permit; or (c) subject to a state 
permit that establishes emission limitations (within the meaning of 
section 302 of the Clean Air Act) for mercury. (See Table 2 at 268.42, 
D001 High Mercury Subcategory, and 55 FR at 22570 (June l, l990).) 
Thus, air emissions from these devices should already be sufficiently 
controlled so that further RCRA regulation is unnecessary at this time. 
55 FR at 22570. Consequently, this proposed amendment is consistent not 
only with EPA's intent in promulgating the deferral for metal recovery 
devices in the BIF rule, but is consistent with the Agency's 
determination in establishing LDR treatment standards for high mercury 
wastes that air emissions from mercury recovery devices were adequately 
controlled provided any of the three conditions set forth above (and in 
the rules) are satisfied.

    Dated: June 15, 1994.
Elliott P. Laws,
Assistant Administrator.

For the reasons set out above, title 40, chapter I of the Code of 
Federal Regulations is proposed to be amended as follows:

PART 266--STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES 
AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES

    1. The authority citation for Part 266 continues to read as 
follows:

    Authority: Secs. 1006, 2002(a), 3004, and 3014 of the Solid 
Waste Disposal Act, as amended by the Resource Conservation and 
Recovery Act of 1976, as amended (42 U.S.C. 6905, 6912(a), 6924, and 
6934).

Subpart H--Hazardous Waste Burned in Boilers and Industrial 
Furnaces (Effective August 21, 1991)

    2. In Sec. 266.100(c), paragraphs (c)(3)(i) introductory text, 
(c)(3)(i)(A), and (c)(3)(ii) introductory text are revised to read as 
follows:


Sec. 266.100  Applicability.

* * * * *
    (3) To be exempt from Secs. 266.102 through 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) of this section. 
The owner or operator must comply with the requirements of paragraph 
(c)(1) of this section 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.
    (i) The hazardous wastes listed in appendices XI, XII, and XIII, 
part 266, and baghouse bags used to capture metallic dusts emitted by 
steel manufacturing are exempt from the requirements of paragraph 
(c)(1) of this section, 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 baghouse bags used to capture 
metallic dusts emitted by steel manufacturing must contain recoverable 
levels of metal; and
* * * * *
    (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 
of this part that contains a total concentration of more than 500 ppm 
toxic organic compounds listed in appendix VIII, part 261 of this 
chapter, may pose a hazard to human health and the environment when 
burned in a metal recovery furnace exempt from the requirements of this 
subpart. In that situation, after adequate notice and opportunity for 
comment, the metal recovery furnace will become subject when burning 
that material. In making the hazard determination, the Director will 
consider the following factors:
* * * * *
    3. Appendix XIII is added to Part 266 to read as follows:

Appendix XIII To Part 266--Mercury-Bearing Wastes That May Be Processed 
By Exempt Chlorine Manufacturing Industries

    Exempt Mercury-Bearing Materials When Generated or Originally 
Produced by Chlorine Manufacturing Industries Using the Electrolytic 
Mercury Cell Process.

Activated carbon
Decomposer graphite
Wood
Paper
Protective clothing

[FR Doc. 94-15068 Filed 6-20-94; 8:45 am]
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