7 Del. Admin. Code § 1370-6.0

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

Section 1370-6.0 - Exemptions

6.1 The following units shall be exempt from these regulations.

6.1.1 On site reclamation units where the principle activity at the facility is not the management of wastes.

6.1.2 Industrial boilers and furnaces that burn hazardous waste fuels for energy recovery.

6.1.3 Units authorized in accordance with Sections 122.60 and 122.61 of the Delaware Regulations Governing Hazardous Waste concerning facilities that have permits by rule and/or approval to operate under an emergency administrative order.

6.1.4 Units subject to Class Three (3) Modifications at existing facilities that upgrade pollution control equipment for the purpose of reducing emissions. This exemption only applies to changes found in DRGHW Section 122.42, Appendix I, Item L., entitled "Incinerators, Boilers, and Industrial Furnaces", pertaining to:

6.1.4.1 a substantial change in the design of any component used to reduce HCl/Cl2, metals or particulates from the combustion gases, or

6.1.4.2 an upgrade of the pollution control equipment that increases the units capability to meet the regulatory performance standards.

6.2 Existing hazardous waste units that do not require a major modification or a Class 3 modification per Delaware Regulations Governing Hazardous Waste Sections 122.41 and 122.42 shall be exempt from these regulations. For modified units requiring location approval, the public participation requirements of Sections 7.0 and 9.0 may be implemented jointly with the public participation requirements of the DRGHW.

7 Del. Admin. Code § 1370-6.0