Current through September 17, 2024
Section 128-7-008 - Hazardous waste burned in boilers and industrial furnaces008.01 Applicability 008.01A The regulations of Sections 008 of this Chapter apply to hazardous waste burned or processed in a boiler or industrial furnace (as defined in Chapter 1), irrespective of the purpose of burning or processing, except as provided in Sections 008.01B and 008.01C of this Chapter. In Section 008 of this Chapter, the term "burn" means burning for energy recovery or destruction, or processing for materials recovery or as an ingredient. The emission standards of this Section apply to facilities operating under interim status or under a RCRA operating permit.008.01B The following hazardous wastes and facilities are not subject to regulation in Section 008 of this Chapter: 008.01B1 Used oil burned for energy recovery that is also a hazardous waste solely because it exhibits a characteristic of hazardous waste identified in Chapter 3, 005 through 010. Such used oil is subject to regulation under Section 010 of this Chapter, rather than this Section;008.01B2 Gas recovered from hazardous or solid waste landfills when such gas is burned for energy recovery;008.01B3 Hazardous wastes that are exempt from regulation under Chapter 2, Sections 008 through 013, and Sections 002.04 through 002.07 of this Chapter, and hazardous wastes that are subject to special requirements for conditionally exempt small quantity generators under Chapter 8 of this Title; and008.01B4 Coke ovens, if the only hazardous waste burned is DEQ/EPA Hazardous Waste No. K087, decanter tank tar sludge from coking operations.008.01C The applicability and conditions of 40 CFR 266.100(b) and (d) through (h), pertaining to owners and operators, are hereby adopted and incorporated herein by reference.008.02 Management prior to burning 008.02A Generators of hazardous waste that is burned in a boiler or industrial furnace are subject to Chapters 9 and 10.008.02B Transporters of hazardous waste that is burned in a boiler or industrial furnace are subject to Chapter 11.008.02C The conditions and requirements of 40 CFR 266.101(c), pertaining to owners and operators of storage facilities, are hereby adopted and incorporated herein by reference.008.03 The conditions and requirements of 40 CFR 266.102 through 266.112 and all of Part 266 Appendices are hereby adopted and incorporated herein by reference.128 Neb. Admin. Code, ch. 7, § 008