Facilities That May Be Exempt from Regulations for BIFs

Most of the hazardous waste that is burned or processed in BIFs is subject to the RCRA regulations. The regulations usually apply regardless of the purpose for burning or processing the waste. However, before we go deeper into the topic of hazardous waste burned in BIFs, it is important to understand that the regulations do not apply to all hazardous waste materials or facilities. The guidelines for these exceptions are complex. The following examples may give you an idea of the types of facilities that that may not be subject to the RCRA regulations BIFs:

• A facility that uses hazardous waste BIFs that are in compliance with "maximum achievable control technology" (MACT). The facility must meet other criteria associated with this exclusion.
• A facility that owns or operates certain types of furnaces used for smelting, melting, and refining. The facility processes hazardous waste solely for metal recovery.
• A facility that owns or operates certain types of furnaces used for smelting, melting, and refining. The facility processes hazardous waste solely to extract economically significant precious metals.
• A facility that owns or operates furnaces that are specifically designed for the recovery of lead.

In all of these cases, the facilities must meet and comply with specific and complex requirements in addition to those described in this unit (refer to 40 CFR 266.100).

To learn more about RCRA visit our RCRA Hazardous Waste Safety Online Training web page.