7 Del. Admin. Code § 1302-264-O-264.340

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

Section 1302-264-O-264.340 - 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 § 264.1 provides otherwise.

(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 Subpart EEE. Nevertheless, even after this demonstration of compliance with the MACT standards, DNREC hazardous waste 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) The MACT standards do not supersede the closure requirements of § 264.351 or the applicable requirements of Subparts A through H, BB and CC of this part.

(c) After consideration of the waste analysis included with Part B of the permit application, the Secretary, in establishing the permit conditions, must exempt the applicant from all requirements of this subpart except § 264.351 (Closure) and § 264.341 (waste analysis)

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

(i) 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

(ii) Listed as a 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 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, of these regulations; 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) of these regulations, 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, of these regulations, which would reasonably be expected to be in the waste.

(d) If the waste to be burned is one which is described by paragraphs (b)(1)(i), (b)(1)(ii), (b)(1)(iii), or (b)(1)(iv) of this section and contains insignificant concentrations of the hazardous constituents listed in Part 261, Appendix VIII, of these regulations, then the Secretary may, in establishing permit conditions, exempt the applicant from all requirements of this subpart, except § 264.341 (W analysis) and § 264.351 (Closure), after consideration of the waste analysis included waste Part B of the permit application, unless the Secretary finds that the waste will pose a threat human health and the environment when burned in an incinerator.

(e) The owner or operator of an incinerator may conduct trial burns subject only to the requirements of § 122.62 (b) of these regulations (Short term and incinerator permits).

(Amended November 21, 1985; August 29, 1988; July 26, 1994, January 1, 1999, April 23, 2001)

7 Del. Admin. Code § 1302-264-O-264.340