1. (a) Exempt quantities. Owners and operators of facilities that burn hazardous waste in an on-site boiler or industrial furnace are exempt from the requirements of Sections R315-266-100 through R315-266-112 except that:

2. (1) the quantity of hazardous waste burned in a device for a calendar month does not exceed the limits provided in the following table based on the terrain-adjusted effective stack height as defined in Subsection R315-266-106(b)(3):

   Table 1Exempt Quantities for Small Quantity Burner ExemptionTerrain-adjusted effective stack height of device in metersAllowable hazardous waste burning rate, gallons per month0 to 3.904.0 to 5.9136.0 to 7.9188.0 to 9.92710.0 to 11.94012.0 to 13.94814.0 to 15.95916.0 to 17.96918.0 to 19.97620.0 to 21.98422.0 to 23.99324.0 to 25.910026.0 to 27.911028.0 to 29.913030.0 to 34.914035.0 to 39.917040.0 to 44.921045.0 to 49.926050.0 to 54.933055.0 to 59.940060.0 to 64.949065.0 to 69.961070.0 to 74.968075.0 to 79.976080.0 to 84.985085.0 to 89.996090.0 to 94.9110095.0 to 99.91200100.0 to 104.91300105.0 to 109.91500110.0 to 114.91700115.0 or greater1900

3. (2) the maximum hazardous waste firing rate does not exceed at any time 1% of the total fuel requirements for the device, hazardous waste plus other fuel, on a total heat input or mass input basis, whichever results in the lower mass feed rate of hazardous waste;
4. (3) the hazardous waste has a minimum heating value of 5,000 Btu/lb, as generated; and

5. (4) the hazardous waste fuel does not contain, and is not derived from, EPA Hazardous Waste Nos. F020, F021, F022, F023, F026, or F027.

   1. (b) Mixing with non-hazardous fuels. If hazardous waste fuel is mixed with a non-hazardous fuel, the quantity of hazardous waste before the mixing is used to comply with Subsection R315-266-108(a).

   2. (c) Multiple stacks. If an owner or operator burns hazardous waste in more than one on-site boiler or industrial furnace exempt under Section R315-266-108, the quantity limits provided by Subsection R315-266-108(a)(1) are implemented according to the following equation:

      The summation of Actual Quantity Burned(i)/Allowable quantity Burned(i) for i = 1 to n is less than or equal to 1.0

      where:

      n means the number of stacks;

      Actual Quantity Burned means the waste quantity burned per month in device "i";

      Allowable Quantity Burned means the maximum allowable exempt quantity for stack "i" from the table in Subsection R315-266-108(a)(1).

6. (1) Hazardous wastes that are subject to the conditions for exemption for very small quantity generators under Section R315-262-14 may be burned in an off-site device under the exemption provided by Section R315-266-108, but shall be included in the quantity determination for the exemption.

   1. (d) Notification requirements. The owner or operator of facilities qualifying for the small quantity burner exemption under Section R315-266-108 shall provide a one-time signed, written notice to the director indicating the following:
7. (1) The combustion unit is operating as a small quantity burner of hazardous waste;
8. (2) The owner and operator are in compliance with the requirements of Section R315-266-108; and

9. (3) The maximum quantity of hazardous waste that the facility may burn per month as provided by Subsection R315-266-108(a)(1).

   1. (e) Recordkeeping requirements. The owner or operator shall maintain at the facility for at least three years sufficient records documenting compliance with the hazardous waste quantity, firing rate, and heating value limits of Section R315-266-108. At a minimum, these records shall state the quantity of hazardous waste and other fuel burned in each unit per calendar month, and the heating value of the hazardous waste.

KEY: hazardous waste

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