- (a) Sections R315-265-340 through R315-265-352 apply to owners and operators of hazardous waste incinerators, as defined in Subsection R315-260-10(c)(71), except as Section R315-265-1 provides otherwise.
- (b) Integration of MACT standards.
- (1) Except as provided by Subsections R315-265-340(b)(2) and R315-265-340(b)(3), the standards of Rule R315-265 no longer apply if 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 director a Notification of Compliance in accordance with 40 CFR 63.1207(j) and 40 CFR 63.1210(d) documenting compliance with the requirements of 40 CFR part 63, subpart EEE.
- (2) The MACT standards do not replace the closure requirements of Section R315-264-351 or the applicable requirements of Sections R315-265-1 through R315-265-150, R315-265-1050 through R315-265-1064, and R315-265-1080 through R315-265-1090.
(3) Section R315-265-345 generally prohibiting burning of hazardous waste during startup and shutdown remains in effect if the owner or operator elects to comply with Subsection R315-270-235(b)(1)(i) to minimize emissions of toxic compounds from startup and shutdown.
- (c) Owners and operators of incinerators burning hazardous waste are exempt from the requirements of Sections R315-265-340 through R315-265-352, except Section R315-265-351, Closure, if the owner or operator has documented, in writing, that the waste would not reasonably be expected to contain any of the hazardous constituents listed in Section R315-261-1092, which incorporates Appendix VIII to 40 CFR Part 261 by reference, and the documentation is kept at the facility, if the waste to be burned is:
- (1) listed as a hazardous waste in Sections R315-261-30 through R315-261-35 solely because it is ignitable, Hazard Code I, corrosive, Hazard Code C, or both; or
- (2) listed as a hazardous waste in Sections R315-261-30 through R315-261-35 solely because it is reactive, Hazard Code R, for characteristics other than those listed in Subsections R315-261-23(a)(4) and R315-261-23(a)(5), and will not be burned if other hazardous wastes are present in the combustion zone; or
- (3) a hazardous waste solely because it has the characteristic of ignitability, corrosivity, or both, as determined by the tests for characteristics of hazardous wastes under Sections R315-261-20 through R315-261-24; or
- (4) a hazardous waste solely because it has the reactivity characteristics described by Subsection R315-261-23(a)(1), R315-261-23(a)(2), R315-261-23(a)(3), R315-261-23(a)(6), R315-261-23(a)(7), or R315-261-23(a)(8), and will not be burned if other hazardous wastes are present in the combustion zone.
KEY: hazardous waste, TSD facilities, interim status
Date of Last Change: November 17, 2025
Notice of Continuation: December 11, 2025
Authorizing, and Implemented or Interpreted Law: 19-6-105; 19-6-106