Code of Colorado Regulations, Subpart O, Section 6 CCR 1007-3-264.346 - Permit Standards for Burners | Code of Colorado Regulations

(a) General.

An incinerator, boiler, or industrial furnace burning hazardous waste must be operated in accordance with the operating requirements of this section and the emission standards of §§ 264.342 through 264.345 and as specified in the permit at all times where there is hazardous waste in the unit.

(b) Permits.

(1) The owner or operator of a hazardous waste incinerator, boiler, or industrial furnace may burn only wastes specified in the facility's permit and only under operating conditions specified for those wastes under paragraph (c) of this section, except under exemptions created by § 264.340, and § 261.4(e) and (f).

(2) Other hazardous wastes may be burned only after operating conditions have been specified in a new permit or a permit modification as applicable. Operating requirements for new wastes may be based on either trial burn results or alternative data included with Part B of a permit application under § 100.41(b)(5) of these regulations.

(3) A permit for a new hazardous waste incinerator, boiler, or industrial furnace must establish appropriate conditions for each of the applicable requirements of this Subpart, including but not limited to allowable waste feeds and operating conditions necessary to meet the requirements of this section, in order to comply with the following standards:

(i) For the period beginning with initial introduction of hazardous waste to the incinerator and ending with initiation of the trial burn, and only for the minimum time required to establish operating conditions required in paragraph (c)(2) of this section, not to exceed a duration of 720 hours operating time for treatment of hazardous waste, the operating requirements must be those most likely to ensure compliance with the performance standards of § 264.342, § 264.343, § 264.344, and § 264.345, based on the Director's engineering judgement. The Department may extend the duration of this period once for up to 720 additional hours when good cause for the extension is demonstrated by the applicant.

(ii) For the duration of the trial burn, the operating requirements must be sufficient to demonstrate compliance with the performance standards of § 264.342, § 264.343, § 264.344, and § 264.345, and must be in accordance with the approved trial burn plan;

(iii) For the period immediately following completion of the trial burn, and only for the minimum period sufficient to allow sample analysis, data computation, submission of the trial burn results by the applicant, and review of the trial burn results and modification of the facility permit by the Department to reflect the trial burn results, the operating requirements must be those most likely to ensure compliance with the performance standards of § 264.342, § 264.343, § 264.344, and § 264.345, based on the Director's engineering judgement.

(iv) For the remaining duration of the permit, the operating requirements must be those demonstrated, in a trial burn or by alternative data specified in § 100.41(b)(5)(v) of these regulations, as sufficient to ensure compliance with the performance standards of § 264.342, § 264.343, § 264.344, and § 264.345.

(c) Operating Requirements:

(1) Hazardous Constituents Risk Based Standard. The Director may establish any permit condition that is necessary to ensure that stack emissions from the facility do not exceed the risk based performance standard of § 264.342(a) or any other performance standard of this Subpart, as necessary to protect human health and the environment Such permit conditions may include but are not limited to: requiring a 99.999% or 99.9999% DRE for POHCs, requiring feed rate limitations for particular compounds, or requiring mass emissions limits for specific compounds.

(2) Organic emission standards.

(i) DRE standard. Operating conditions will be specified either on a case-by-case basis for each hazardous waste burned as those demonstrated in a trial burn or by alternative data as specified in § 100.41(b)(5) to be sufficient to comply with the destruction and removal efficiency (DRE) performance standard of § 264.342(a). Each set of operating requirements will specify the composition of the hazardous waste (including acceptable variations in the physical and chemical properties of the hazardous waste which will not affect compliance with the DRE performance standard) to which the operating requirements apply. For each such hazardous waste, the permit will specify acceptable operating limits including, but not limited to, the following conditions as appropriate:

(A) Feed rate of hazardous waste and other fuels measured and specified as prescribed in paragraph (c)(6) of this section;

(B) Minimum and maximum device production rate when producing normal product expressed in appropriate units, measured and specified as prescribed in paragraph (6) of this section;

(C) Appropriate controls of the hazardous waste firing system;

(D) Allowable variation in incinerator, boiler and industrial furnace system design or operating procedures;

(E) Minimum combustion gas temperature measured at a location indicative of combustion chamber temperature, measured and specified as prescribed in paragraph (c)(6) of this section;

(F) An appropriate indicator of combustion gas velocity, measured and specified as prescribed in paragraph (c)(6) of this section, unless documentation is provided under § 100.28 demonstrating adequate combustion gas residence time; and

(G) Such other operating requirements as are necessary to ensure that the DRE performance standard of § 264.342(b) is met.

(ii) Carbon monoxide and hydrocarbon standards. The permit must incorporate a carbon monoxide (CO) limit and a hydrocarbon (HC) limit as provided by paragraphs (c) and (d) of § 264.342. The permit limits will be specified as follows:

(A) When complying with the CO standard of § 264.342(c)(1), the permit limit is 100 ppmv;

(B) When complying with the alternative CO standard under § 264.342(d), the permit limit for CO is based on the trial burn and is established as the average over all valid runs of the highest hourly rolling average CO level of each run, and the permit limit for HC is 20 ppmv (as defined in § 264.342(d)(1), except as provided in § 264.342(h).

(C) When complying with the alternative HC limit for industrial furnaces under § 264.342(e), the permit limit for HC and CO is the baseline level when hazardous waste is not burned as specified by that paragraph.

(iii) Start-up and shut-down. During start-up and shut-down of the incinerator, boiler, or industrial furnace, hazardous waste (except waste fed solely as an ingredient under the Tier I (or adjusted Tier I) feed rate screening limits for metals and chloride/chlorine) must not be fed into the device unless the device is operating within the conditions of operation specified in the permit.

(3) Requirements to ensure conformance with the particulate standard.

(i) The permit shall specify the following operating requirements to ensure conformance with the particulate standard specified in § 264.343:

(A) Total ash feed rate to the device from hazardous waste, other fuels, and industrial furnace feedstocks, measured and specified as prescribed in paragraph (c)(6) of this section;

(B) Maximum device production rate when producing normal product expressed in appropriate units, and measured and specified as prescribed in paragraph (c)(6) of this section;

(C) Appropriate controls on operation and maintenance of the hazardous waste firing system and any air pollution control system;

(D) Allowable variation in incinerator, boiler, or industrial furnace system design including any air pollution control system or operating procedures; and

(E) Such other operating requirements as are necessary to ensure that the particulate standard in § 264.343 is met.

(ii) Reserved

(iii) Reserved

(4) Requirements to ensure conformance with the metals emissions standard.

(i) For conformance with the Tier I (or adjusted Tier I) metals feed rate screening limits of paragraphs (b) or (e) of § 264.344, the permit shall specify the following operating requirements:

(A) Total feed rate of each metal in hazardous waste, other fuels, and industrial furnace feedstocks measured and specified under provisions of paragraph (c)(6) of this section;

(B) Total feed rate of hazardous waste measured and specified as prescribed in paragraph (c)(6) of this section;

(C) A sampling and metals analysis program for the hazardous waste, other fuels, and industrial furnace feedstocks;

(ii) For conformance with the Tier II metals emission rate screening limits under § 264.344(c) and the Tier III metals controls under § 264.344(d), the permit shall specify the following operating requirements:

(A) Maximum emission rate for each metal specified as the average emission rate during the trial burn;

(B) Feed rate of total hazardous waste and pumpable hazardous waste, each measured and specified as prescribed in paragraph (c)(6)(i) of this section;

(C) Feed rate of each metal in the following feedstreams, measured and specified as prescribed in paragraphs (c)(6) of this section:

(1) Total feed streams;

(2) Total hazardous waste feed; and

(3) Total pumpable hazardous waste feed;

(D) Total feed rate of chlorine and chloride in total feed streams measured and specified as prescribed in paragraph (c)(6) of this section;

(E) Maximum combustion gas temperature measured at a location indicative of combustion chamber temperature, and measured and specified as prescribed in paragraph (c)(6) of this section;

(F) Maximum flue gas temperature at the inlet to the participate matter air pollution control system measured and specified as prescribed in paragraph (c)(6) of this section;

(G) Maximum device production rate when producing normal product expressed in appropriate units and measured and specified as prescribed in paragraph (c)(6) of this section;

(H) Appropriate controls on operation and maintenance of the hazardous waste firing system and any air pollution control system;

(I) Allowable variation in incinerator, boiler, or industrial furnace system design including any air pollution control system or operating procedures; and

(J) Such other operating requirements as are necessary to ensure that the metals standards under § 264.344(c) or (d) are met.

(iii) For conformance with an alternative implementation approach approved by the Director under § 264.344(f), the permit will specify the following operating requirements:

(A) Maximum emission rate for each metal specified as the average emission rate during the trial burn;

(B) Feed rate of total hazardous waste and pumpable hazardous waste, each measured and specified as prescribed in paragraph (c)(6)(i) of this section;

(C) Feed rate of each metal in the following feedstreams, measured and specified as prescribed in paragraph (c)(6) of this section:

(1) Total hazardous waste feed; and

(2) Total pumpable hazardous waste feed;

(D) Total feed rate of chlorine and chloride in total feedstreams measured and specified as prescribed in paragraph (c)(6) of this section;

(E) Maximum combustion gas temperature measured at a location indicative of combustion chamber temperature, and measured and specified as prescribed in paragraph (c)(6) of this section;

(F) Maximum flue gas temperature at the inlet to the particulate matter air pollution control system measured and specified as prescribed in paragraph (c)(6) of this section;

(G) Maximum device production rate when producing normal product expressed in appropriate units and measured and specified as prescribed in paragraph 00(6) of this section;

(H) Appropriate controls on operation and maintenance of the hazardous waste firing system and any air pollution control system;

(I) Allowable variation in incinerator, boiler, or industrial furnace system design including any air pollution control system or operating procedures; and

(J) Such other operating requirements as are necessary to ensure that the metals standards under § 264.344(c) or (d) are met.

(5) Requirements to ensure conformance with the hydrogen chloride and chlorine gas standards.

(i) For conformance with the Tier I total chlorine and chloride feed rate screening limits of § 264.345(b)(1), the permit will specify the following operating requirements:

(A) Feed rate of total chlorine and chloride in hazardous waste, other fuels, and industrial furnace feedstocks, measured and specified as prescribed in paragraph (c)(6) of this section;

(B) Feed rate of total hazardous waste measured and specified as prescribed in paragraph (c)(6) of this section;

(C) A sampling and analysis program for total chlorine and chloride for the hazardous waste, other fuels, and industrial furnace feedstocks;

(ii) For conformance with the Tier II HCl and Cl2 emission rate screening limits under § 264.345(b)(2) and the Tier III HCl and Cl2 controls under § 264.345(c), the permit will specify the following operating requirements:

(A) Maximum emission rate for HCl and for Cl2 specified as the average emission rate during the trial burn;

(B) Feed rate of total hazardous waste measured and specified as prescribed in paragraph (c)(6) of this section;

(C) Total feed rate of chlorine and chloride in total feed streams, measured and specified as prescribed in paragraph (c)(6) of this section;

(D) Maximum device production rate when producing normal product expressed in appropriate units and measured and specified as prescribed in paragraph (c)(6) of this section;

(E) Appropriate controls on operation and maintenance of the hazardous waste firing system and any air pollution control system;

(F) Allowable variation in incinerator, boiler, or industrial furnace system design including any air pollution control system or operating procedures; and

(G) Such other operating requirements as are necessary to ensure that the HCl and Cl2 standards under § 264.345(b)(2) or (c) are met.

(6) Measuring parameters and establishing limits based on trial burn data.

(i) General requirements. As specified in paragraphs (c)(2) through (c)(5) of this section, each operating parameter shall be measured, and permit limits on the parameter shall be established, according to either of the following procedures:

(A) Instantaneous limits. A parameter may be measured and recorded on an instantaneous basis (i.e., the value that occurs at any time) and the permit limit specified as the time-weighted average during all valid runs of the trial burn; or

(B) Hourly rolling average.

(1) The limit for a parameter may be established and continuously monitored on an hourly rolling average basis defined as follows:

(i) A continuous monitor is one which continuously samples the regulated parameter without interruption, and evaluates the detector response at least once each 15 seconds, and computes and records the average value at least every 60 seconds.

(ii) An hourly rolling average is the arithmetic mean of the 60 most recent 1-minute average values recorded by the continuous monitoring system.

(2) The permit limit for the parameter shall be established based on trial burn data as the average over all valid test runs of the highest hourly rolling average value for each run.

(ii) Rolling average limits for carcinogenic metals and lead. Feed rate limits for the carcinogenic metals (i.e., arsenic, beryllium, cadmium, nickel and chromium) and lead may be established either on an hourly rolling average basis as prescribed by paragraph (c)(6)(i) of this section or on (up to) a 24 hour rolling average basis. If the owner or operator elects to use an average period from 2 to 24 hours:

(A) The feed rate of each metal shall be limited at any time to ten times the feed rate that would be allowed on an hourly rolling average basis;

(B) The continuous monitor shall meet the following specifications:

(1) A continuous monitor is one which continuously samples the regulated parameter without interruption, and evaluates the detector response at least once each 15 seconds, and computes and records the average value at least every 60 seconds.

(2) The rolling average for the selected averaging period is defined as the arithmetic mean of one hour block averages for the averaging period. A one hour block average is the arithmetic mean of the one minute averages recorded during the 60-minute period beginning at one minute after the beginning of preceding clock hour; and

(C) The permit limit for the feed rate of each metal shall be established based on trial burn data as the average over all valid test runs of the highest hourly rolling average feed rate for each run.

(iii) Feed rate limits for metals, total chlorine and chloride, and ash. Feed rate limits for metals, total chlorine and chloride, and ash are established and monitored based upon the concentration of the substance (i.e., metals, chloride/chlorine, and ash) in each feedstream and the flow rate of the feedstream. To monitor the feed rate of these substances, the flow rate of each feedstream must be monitored under the continuous monitoring requirements of paragraphs (c)(6)(i) and (ii) of this section.

(iv) Conduct of trial burn testing.

(A) If compliance with all applicable emissions standards of § § 264.342 through 264.345 is not demonstrated simultaneously during a set of test runs, the operating conditions of additional test runs required to demonstrate compliance with remaining emissions standards must be substantially equivalent to the original operating conditions.

(B) Prior to obtaining test data for purposes of demonstrating compliance with the emissions standards of § § 264.342 through 264.345 or establishing limits on operating parameters under this section, the facility must operate under trial burn conditions for a sufficient period to reach steady-state operations. The Director may determine, however, that industrial furnaces that recycle collected particulate matter back into the furnace and that comply with an alternative implementation approach for metals under § 264.344(f) need not reach steady state conditions with respect to the flow of metals in the system prior to beginning compliance testing for metals emissions.

(C) Trial burn data on the level of an operating parameter for which a limit must be established in the permit must be obtained during emissions sampling for the pollutant(s) (i.e., metals, PM, HCl / Cl 2 , organic compounds) for which the parameter must be established as specified by this section.

(d) General requirements.

(1) Fugitive emissions. Fugitive emissions must be controlled by:

(i) Keeping the combustion zone totally sealed against fugitive emissions; or

(ii) Maintaining the combustion zone pressure lower than atmospheric pressure; or

(iii) An alternate means of control demonstrated (with Part B of the permit application) to provide fugitive emissions control equivalent to maintenance of combustion zone pressure lower than atmospheric pressure.

(2) Automatic waste feed cutoff. An incinerator, boiler or industrial furnace must be operated with a functioning system that automatically cuts off the hazardous waste feed when operating conditions deviate from those established under this section. The Director will specify a limit for the number of cutoffs per an operating period on a case-by-case basis when necessary to ensure protection of human health or the environment, and/or to ensure proper operation and/or functioning of the incineration facility. In addition:

(i) The permit limit for (the indicator of) minimum combustion chamber temperature must be maintained while hazardous waste or hazardous waste residues remain in the combustion chamber,

(ii) Exhaust gases must be ducted to the air pollution control system operated in accordance with the permit requirements while hazardous waste or hazardous waste residues remain in the combustion chamber; and

(iii) Operating parameters for which permit limits are established must continue to be monitored during the cutoff, and the hazardous waste feed shall not be restarted until the levels of those parameters comply with the permit limits. For parameters that may be monitored on an instantaneous basis, the Director will establish a minimum period of time after a waste feed cutoff during which the parameter must not exceed the permit limit before the hazardous waste feed may be restarted.

(3) Changes in operating conditions. An incinerator, boiler or industrial furnace must cease burning hazardous waste when changes in combustion properties, or feed rates of the hazardous waste, other fuels, or industrial furnace feedstocks, or changes in the incinerator, boiler or industrial furnace design or operating conditions are expected or proposed which deviate from the limits as specified in the permit.

(e) Monitoring and Inspections.

(1) The owner or operator must monitor and record the following, at a minimum, while burning hazardous waste:

(i) If specified by the permit, feed rates and composition of hazardous waste, other fuels, industrial furnace feedstocks, and feed rates of ash, metals, and total chlorine and chloride;

(ii) If specified by the permit, carbon monoxide (CO), hydrocarbons (HC), and oxygen (O 2), HCl gas , and opacity on a continuous basis at a common point in the incinerator, boiler or industrial furnace downstream of the combustion zone and prior to release of stack gases to the atmosphere in accordance with operating requirements specified in paragraph (b)(2) of this section. CO, HC, and oxygen monitors must be installed, operated, and maintained in accordance with methods specified in Appendix IX to § 264.348 of these regulations. Additional emissions monitors may be required in the facility's permit in accordance with § 264.346(k), based on the composition of the waste being combusted and the availability of monitoring equipment.

(iii) Upon the request of the Director, sampling and analysis of the hazardous waste (and other fuels and industrial feedstocks as appropriate), residues, and exhaust emissions must be conducted to verify that the operating requirements established in the permit achieve the applicable performance standards of § § 264.342, 264.343, 264.344, and 264.345.

(2) All monitors shall record data in units corresponding to the permit limit unless otherwise specified in the permit.

(3) The incinerator, boiler or industrial furnace and associated equipment (pumps, valves, pipes, fuel storage tanks, etc.) must be subjected to thorough visual inspection when it contains hazardous waste, at least daily for leaks, spills, fugitive emissions, and signs of tampering.

(4) The automatic hazardous waste feed cutoff system and associated alarms must be tested at least once every 7 days when hazardous waste is burned to verify operability, unless the applicant demonstrates to the Director that weekly inspections will unduly restrict or upset operations and that less frequent inspections will be adequate. At a minimum, operational testing must be conducted at least once every 30 days.

(5) This monitoring and inspection data must be recorded and the records must be placed in the operating record required by § 264.73 of these regulations and maintained in the operating record for five years.

(f) Standards for direct transfer. If hazardous waste is directly transferred from a transport vehicle to an incinerator, boiler, or industrial furnace without the use of a storage unit, the owner and operator must comply with the requirements of this section.

(1) Applicability. The regulations in this section apply to owners and operators of incinerators, boilers, and industrial furnaces subject to § § 264.346 or 265.140 if hazardous waste is directly transferred from a transport vehicle to an incinerator, boiler or industrial furnace without the use of a storage unit.

(2) Definitions.

(i) When used in this section, the following terms have the meanings given below:

Direct transfer equipment means any device (including but not limited to, such devices as piping, fittings, flanges, valves, and pumps) that is used to distribute, meter, or control the flow of hazardous waste between a container (i.e., transport vehicle) and an incinerator, boiler or industrial furnace.

Container means any portable device in which hazardous waste is transported, stored, treated, or otherwise handled, and includes transport vehicles that are containers themselves (e.g., tank trucks, tanker-trailers, and rail tank cars), and containers placed on or in a transport vehicle.

(ii) This section references several requirements provided in Subparts I and J of Parts 264 and 265. For purposes of this section, the term "tank systems" in those referenced requirements means direct transfer equipment as defined in paragraph (f)(2)(i) of this section.

(3) General operating requirements.

(i) No direct transfer of a pumpable hazardous waste shall be conducted from an open-top container to an incinerator, boiler or industrial furnace.

(ii) Direct transfer equipment used for pumpable hazardous waste shall always be closed, except when necessary to add or remove the waste, and shall not be opened, handled, or stored in a manner that may cause any rupture or leak.

(iii) The direct transfer of hazardous waste to an incinerator, boiler or industrial furnace shall be conducted so that it does not:

(A) Generate extreme heat or pressure, fire, explosion, or violent reaction;

(B) Produce uncontrolled toxic mists, fumes, dusts, or gases in sufficient quantities to threaten human health;

(C) Produce uncontrolled flammable fumes or gases in sufficient quantities to pose a risk of fire or explosions;

(D) Damage the structural integrity of the container or direct transfer equipment containing the waste;

(E) Adversely affect the capability of the incinerator, boiler or industrial furnace to meet the standards provided by § § 264.342 through 264.345; or

(F) Threaten human health or the environment.

(iv) Hazardous waste shall not be placed in direct transfer equipment, if it could cause the equipment or its secondary containment system to rupture, leak, corrode, or otherwise fail.

(v) The owner or operator of the facility shall use appropriate controls and practices to prevent spills and overflows from the direct transfer equipment or its secondary containment systems. These include at a minimum:

(A) Spill prevention controls (e.g., check valves, dry discount couplings); and

(B) Automatic waste feed cutoff to use if a leak or spill occurs from the direct transfer equipment.

(4) Areas where direct transfer vehicles (containers) are located. Applying the definition of container under this section, owners and operators must comply with the following requirements:

(i) The containment requirements of § 264.175 of these regulations;

(ii) The use and management requirements of Subpart I, Part 265 of these regulations, except for § § 265.170 and 265.174, and except that in lieu of the special requirements of § 265.176 for ignitable or reactive waste, the owner or operator may comply with the requirements for the maintenance of protective distances between the waste management area and any public ways, streets, alleys, or an adjacent property line that can be built upon as required in Tables 2-1 through 2-6 of the National Fire Protection Association's (NFPA) "Flammable and Combustible Liquids Code," (1977 or 1981), (incorporated by reference, see § 260.11). The owner or operator must obtain and keep on file at the facility a written certification by the local Fire Marshall that the installation meets the subject NFPA codes; and

(iii) The closure requirements of § 264.178 of these regulations.

(5) Direct transfer equipment. Direct transfer equipment must meet the following requirements:

(i) Secondary containment. Owners and operators shall comply with the secondary containment requirements of § 265.193 of these regulations, except for paragraphs 265.193(a), (d), (e), and (i) as follows:

(A) For all new direct transfer equipment, prior to their being put into service; and

(B) For existing direct transfer equipment within 2 years after August 21,1991 (or within two years of the effective date of the regulations which first require the owner or operator to comply with the standards set forth in Part 265).

(ii) Requirements prior to meeting secondary containment requirements.

(A) For existing direct transfer equipment that does not have secondary containment, the owner or operator shall determine whether the equipment is leaking or is unfit for use. The owner or operator shall obtain and keep on file at the facility a written assessment reviewed and certified by a qualified, registered professional engineer in accordance with § 100.12(d) of these regulations that attests to the equipment's integrity by August 21, 1992 (or within one year of the effective date of the regulations which first require the owner or operator to comply with the standards set forth in Part 265).

(B) This assessment shall determine whether the direct transfer equipment is adequately designed and has sufficient structural strength and compatibility with the waste(s) to be transferred to ensure that it will not collapse, rupture, or fail. At a minimum, this assessment shall consider the following:

(1) Design standard(s), if available, according to which the direct transfer equipment was constructed;

(2) Hazardous characteristics of the waste(s) that have been or will be handled;

(3) Existing corrosion protection measures;

(4) Documented age of the equipment, if available, (otherwise, an estimate of the age); and

(5) Results of a leak test or other integrity examination such that the effects of temperature variations, vapor pockets, cracks, leaks, corrosion, and erosion are accounted for.

(C) If, as a result of the assessment specified above, the direct transfer equipment is found to be leaking or unfit for use, the owner or operator shall comply with the requirements of § § 265.196 (a) and (b) of these regulations.

(iii) Inspections and recordkeeping.

(A) The owner or operator must inspect at least once each operating hour when hazardous waste is being transferred from the transport vehicle (container) to the incinerator, boiler or industrial furnace:

(1) Overfill/spill control equipment (e.g., waste-feed cutoff systems, bypass systems, and drainage systems) to ensure that it is in good working order;

(2) The above ground portions of the direct transfer equipment to detect corrosion, erosion, or releases of waste (e.g., wet spots, dead vegetation); and

(3) Data gathered from monitoring equipment and leak-detection equipment, (e.g., pressure and temperature gauges) to ensure that the direct transfer equipment is being operated according to its design.

(B) The owner or operator must inspect cathodic protection systems, if used, to ensure that they are functioning properly according to the schedule provided by § 265.195(b) of these regulations:

(C) Records of inspections made under this paragraph shall be maintained in the operating record at the facility, and available for inspection for at least 3 years from the date of the inspection.

(iv) Design and installation of new ancillary equipment. Owners and operators must comply with the requirements of § 265.192 of these regulations.

(v) Response to leaks or spills. Owners and operators must comply with the requirements of § 265.196 of these regulations.

(vi) Closure. Owners and operators must comply with the requirements of § 265.197 of these regulations, except for § 265.197(c)(2) through (c)(4).

(g) Recordkeeping. The owner or operator must maintain in the operating record of the facility all information and data required by this section for five years.

(h) Closure.

At closure, the owner or operator must remove all hazardous waste and hazardous waste residues (including, but not limited to, ash, scrubber waters, and scrubber sludges) from the incinerator, boiler or industrial furnace. At closure, as throughout the operating period, unless the owner or operator can demonstrate, in accordance with § 261.3(d) of these regulations, that the residue removed from the incinerator, boiler or industrial furnace is not a hazardous waste, the owner or operator becomes a generator of hazardous waste and must manage it in accordance with applicable requirements of Parts 262 through 266 of these regulations.

(i) Periodic sampling and analyses of environmental media (air, soil (and/or vegetation), surface water and/or ground water) in proximity to the incineration, boiler or industrial furnace facility:

(1) If the results of the air dispersion modeling and risk assessment conducted under § 100.28(h) or § 100.28(i), § 264.347(d), or other information obtained by the Director, indicate that ambient levels of Appendix VIII constituents exceed a performance standard of the permit, the Director will require the owner or operator to sample environmental media and analyze it for the constituents of concern. The initial sampling conducted prior to operation of a hazardous waste incinerator, boiler, or industrial furnace if required, will be used to establish baseline levels of the constituents of concern at selected locations. Periodic monitoring of the media of concern for these compounds may be required in the facility's operating permit to provide for comparison with the baseline levels of the constituents of concern.

(2) If sampling of environmental media is required under this part, the owner or operator shall develop a sampling and analysis plan for the Director's review and approval. Following the Director's approval of the sampling and analysis plan and its subsequent implementation, the owner or operator shall prepare a report containing the results of such sampling and analyses to the Director. The Director shall review the results and provide comments to the owner or operator. Based on these results, the Director may require the owner or operator to perform revised and/or additional site specific risk assessments, using approved methods. Alternatively, the Director may modify the permit requirements appropriately to ensure that performance standards of this Subpart are not exceeded.

(3) If the results of sampling of any environmental media indicate that levels of any Appendix VIII constituents, or any other compounds, released as a result of hazardous waste incineration activities exceed performance standards of this Subpart, the Director shall modify, revoke and reissue, or terminate the State RCRA permit for the incineration facility.

(j) Periodic stack emissions and compliance test and report:

(1) The Director shall specify a periodic stack emissions sampling and analyses frequency in an incineration, boiler or industrial furnace facility's operating permit to ensure that the performance standards of this Subpart and the facility's permit are met, and to ensure protection of human health and the environment. The owner or operator shall conduct sampling and analysis, and report the results, in accordance with procedures specified in the facility's permit.

(2) The owner or operator shall conduct a comparison of measured emissions to performance standards of this Subpart using the results of testing required under this section as follows:

(i) The facility shall report the results of all Part 261, Appendix VIII compounds, any additional organic or metallic compounds, and other emissions (such as PM, HCl, Cl 2) sampled and analyzed during the trial burn(s) or periodic compliance test.

(ii) The owner or operator shall perform a comparison of the measured emissions and predicted ambient air concentrations calculated from the approved air dispersion model, which are based on the measured emissions from the facility during the trial burn or compliance test, with the performance standards of this Subpart. The results of this comparison shall be reported in the trial burn or periodic compliance report.

(iii) If any performance standard of this Subpart is exceeded based on the emissions test and air dispersion modeling (or as determined through site specific ambient air sampling and analyses, if performed), the facility shall cease feeding hazardous waste immediately and notify the Director in writing of the results of this assessment. Feeding hazardous waste to the incineration, boiler or industrial furnace facility may resume only after the Director has reviewed the trial burn report or periodic compliance test results, as applicable, and the Director has allowed the owner or operator to resume hazardous waste operations, or has revised the facility operating permit to operate under modified operating conditions, or has approved a revised trial burn plan under § 100.28, and has issued a permit to conduct another trial burn.

(k) Compound specific emissions monitoring:

The Director will specify compound specific emissions monitoring in the facility's operating permit to demonstrate that the performance standards of this Subpart and the facility's permit are met, and to ensure protection of human health and the environment. Where such monitoring is required, the owner or operator shall assess the available technology for monitoring the required emissions. If the owner or operator cannot locate commercially available technology that meets the requirements for monitoring required by the Director, the owner or operator shall submit a certified statement to the Director documenting the facility's efforts to meet the requirement.

(l) Remote data acquisition for continuously monitored operating conditions and emissions:

The Director will require the owner or operator to provide a system for remote data acquisition of periodically or continuously monitored operating conditions and emissions in order to assess compliance with the facility's permit and the requirements of this Subpart. The performance characteristics of such a system shall be proposed in the facility's permit application, or specified by the Director in an operating permit.

(m) Personnel training for hazardous waste incineration, boiler or industrial furnace facilities; Additional requirements.

In addition to the requirements of § 264.16 of these regulations, an incineration, boiler or industrial furnace facility's personnel training plan shall meet the following requirements:

(1) Personnel involved in the operation of hazardous waste incinerators, boilers, and industrial furnaces shall complete a Division-approved training program designed to provide a thorough background in basic design, proper operation and maintenance of an incineration facility. The training curriculum shall include classroom and simulation training, and supervised on-the-job training at an operating incineration, boiler or industrial furnace facility. The program shall require that the trainee be trained in all phases of the facility operation in his/her area of assignment prior to working in an unsupervised position operating an incineration, boiler or industrial furnace facility. Operators shall receive training specific to the type of device, or aspect of the facility's operation, for which he/she will be responsible. The owner or operator shall document the content and date of each major phase of operator training, and the party responsible for providing the training.

(2) Operators of hazardous waste incinerators, boilers, and industrial furnaces shall not work in an unsupervised position until they have completed the training program required to operate the particular aspect of the facility operation for which they are assigned.

(3) Annual refresher: Incinerator, boiler, and industrial furnace operators shall receive an annual refresher, and periodic updates as necessary, to supplement initial training. The annual refresher shall be developed by qualified instructors and based on the original training program to demonstrate continued proficiency in the operators' area(s) of assignment at the facility.

(4) Prior to commencing operation of an incineration, boiler or industrial furnace facility, the owner or operator shall submit a list of qualified operators to the Division for review. The list of operators shall include copies of the operators' training and prior experience at combustion facilities. If any operator has deficiencies necessary to complete the approved training program, this training will be completed prior to working in an unsupervised position.

(5) Personnel involved in maintenance (those who are not assigned operators) of hazardous waste incinerators, boilers, and industrial furnaces shall be properly trained in a program with an explicit curriculum, and must satisfactorily complete training in their area of assignment prior to working in an unsupervised position.

(6) Standard operating procedures for conducting inspections and maintenance activities shall be developed and maintained on-site. These documents shall be part of the facility's operating records, and must be kept up-to-date. Facility operators and maintenance personnel shall be trained on the operating procedures, and involved in their revision, where necessary.

(7) All personnel involved in operation of a hazardous waste incineration, boiler or industrial furnace facility shall receive thorough training in the facility's contingency plan and emergency response procedures prior to working in an unsupervised position at an operating incineration facility regulated by this Subpart.

(n) Emergency Planning and Response for incineration, boiler or industrial furnace facilities; Additional requirements.

(1) In addition to the requirements of Part 264-Subparts C and D, if local emergency response authorities decline to enter into emergency response arrangements, the owner or operator shall notify the Director in writing of this fact within 10 days of such refusal, and will prepare an alternative contingency plan addressing on-site and off-site releases of hazardous waste and constituents, and comply with § 264.31(b).

(2) In addition to the requirements of Part 264-Subparts C and D, an incineration, boiler or industrial furnace facility's emergency response arrangements shall designate each party's roles and responsibilities, and establish procedures for responding to off-site releases of hazardous waste and constituents.

(3) In addition to the requirements of Part 264-Subparts C and D, an incineration, boiler or industrial furnace facility's contingency/emergency plan shall contain:

(i) A "maximum credible accident" scenario for a hazardous waste emergency at the facility, and establish emergency measures to respond to such an incident, developed through coordination with local emergency response authorities. (If the facility is required to develop a risk management plan under the federal Clean Air Act and the implementing regulations, or under equivalent state air pollution control regulations, which addresses this requirement, the owner or operator shall notify the Division of this situation in order that he/she may evaluate consistency between these requirements.

(ii) Procedures for rapidly evaluating off-site impacts and a procedure for determining the need for evacuation of persons located outside the facility boundary which may be adversely affected by a release of hazardous waste or constituents.

(iii) A specific evacuation plan for persons located off-site in the event of a release of hazardous waste or constituents which would trigger a need for evacuation. In the event that local authorities take the lead responsibility for developing the evacuation plan for persons located outside the facility boundary, the owner or operator shall cooperate with the responsible agency(s) in its development. The owner or operator shall request a copy of the evacuation plan, maintain it and any subsequent revisions, at the facility as part of the facility's contingency plan, and assign responsibility in accordance with paragraph (i)(2) of this section.

(4) The procedures for evaluating off-site releases and the off-site evacuation plan shall be subject to the review and concurrence of the local emergency response authorities prior to operation of the incineration, boiler or industrial furnace facility. In the event that local concurrence is not granted, the owner or operator shall promptly notify the Director in writing of this situation.

(5) The owner or operator shall provide appropriate training to those employees responsible for implementing the contingency/emergency plan, in accordance with the training plan requirements of § 264.16 and § 264.346(m) of these regulations.

(6) The owner or operator will attempt to coordinate periodic exercises with the local emergency response authorities, at a frequency acceptable to the responsible agency(s), to familiarize all responsible parties with the emergency response procedures and test the effectiveness of the contingency/emergency response plan. Based on the results of these exercises, the owner or operator, in consultation with the local emergency response authorities, shall make necessary revisions to the plan to ensure that it functions as designed in an emergency.