(1) General. The owner or operator must
provide complete and accurate information specified in paragraph (b)(2) to the
director and must establish limits for the operating parameters specified in
paragraph (b)(3). Such information is termed a "certification of precompliance"
and constitutes a certification that the owner or operator has determined that,
when the facility is operated within the limits specified in paragraph (b)(3),
the owner or operator believes that, using best engineering judgment, emissions
of particulate matter, metals, and HCl and Cl2 are not
likely to exceed the limits provided by sections 11-266-105, 11-266-106 and
11-266-107. The facility may burn hazardous waste only under the operating
conditions that the owner or operator establishes under paragraph (b)(3) until
the owner or operator submits a revised certification of precompliance under
paragraph (b) (8) or a certification of compliance under subsection (c), or
until a permit is issued.
(2)
Information required. The following information must be submitted with the
certification of precompliance to support the determination that the limits
established for the operating parameters identified in paragraph (b)(3) are not
likely to result in an exceedance of the allowable emission rates for
particulate matter, metals, and HCl and Cl2:
(i) General facility information:
(A) EPA facility identification
number;
(B) Facility name, contact
person, telephone number, and address;
(C) Description of boilers and industrial
furnaces burning hazardous waste, including type and capacity of
device;
(D) A scaled plot plan
showing the entire facility and location of the boilers and industrial furnaces
burning hazardous waste; and
(E) A
description of the air pollution control system on each device burning
hazardous waste, including the temperature of the flue gas at the inlet to the
particulate matter control system.
(ii) Except for facilities complying with the
Tier I or Adjusted Tier I feed rate screening limits for metals or total
chlorine and chloride provided by subsection 11-266-106(b) or (e) and paragraph
11-266-107(b) (1) or subsection 11-266-107(e), respectively, the estimated
uncontrolled (at the inlet to the air pollution control system) emissions of
particulate matter, each metal controlled by section 11-266-106, and hydrogen
chloride and chlorine, and the following information to support such
determinations:
(A) The feed rate (lb/hr) of
ash, chlorine, antimony, arsenic, barium, beryllium, cadmium, chromium, lead,
mercury, silver, and thallium in each feedstream (hazardous waste, other fuels,
industrial furnace feedstocks);
(B)
The estimated partitioning factor to the combustion gas for the materials
identified in clause (b)(2)(ii)(A) and the basis for the estimate and an
estimate of the partitioning to HCl and Cl2 of total
chloride and chlorine in feed materials. To estimate the partitioning factor,
the owner or operator must use either best engineering judgment or the
procedures specified in appendix IX.
(C) For industrial furnaces that recycle
collected particulate matter (PM) back into the furnace and that will certify
compliance with the metals emissions standards under clause (c)(3)(ii)(A), the
estimated enrichment factor for each metal. To estimate the enrichment factor,
the owner or operator must use either best engineering judgment or the
procedures specified in "Alternative Methodology for Implementing Metals
Controls" in appendix IX.
(D) If
best engineering judgment is used to estimate partitioning factors or
enrichment factors under clause (b)(2)(ii)(B) or (b)(2)(ii)(C) respectively,
the basis for the judgment. When best engineering judgment is used to develop
or evaluate data or information and make determinations under this section, the
determinations must be made by a qualified, registered professional engineer
and a certification of his/her determinations in accordance with subsection
11-270-11(d) must be provided in the certification of precompliance.
(iii) For facilities complying
with the Tier I or Adjusted Tier I feed rate screening limits for metals or
total chlorine and chloride provided by subsection 11-266-106(b) or (e) and
paragraph 11-266-107(b) (1) or subsection 11-266-107(e), the feed rate (lb/hr)
of total chloride and chlorine, antimony, arsenic, barium, beryllium, cadmium,
chromium, lead, mercury, silver, and thallium in each feed stream (hazardous
waste, other fuels, industrial furnace feedstocks).
(iv) For facilities complying with the Tier
II or Tier III emission limits for metals or HCl and Cl2
(under subsection 11-266-106(c) or 11-266-106(d) or paragraph
11-266-107(b)(2) or subsection 11-266-107(c) ), the estimated controlled
(outlet of the air pollution control system) emissions rates of particulate
matter, each metal controlled by section 11-266-106, and HCl and
Cl2, and the following information to support such
determinations:
(A) The estimated air
pollution control system (APCS) removal efficiency for particulate matter, HCl,
Cl2, antimony, arsenic, barium, beryllium, cadmium,
chromium, lead, mercury, silver, and thallium.
(B) To estimate APCS removal efficiency, the
owner or operator must use either best engineering judgment or the procedures
prescribed in appendix IX.
(C) If
best engineering judgment is used to estimate APCS removal efficiency, the
basis for the judgment. Use of best engineering judgment must be in conformance
with provisions of clause (b)(2)(ii)(D).
(v) Determination of allowable emissions
rates for HCl, Cl2, antimony, arsenic, barium,
beryllium, cadmium, chromium, lead, mercury, silver, and thallium, and the
following information to support such determinations:
(A) For all facilities:
(1) Physical stack height;
(2) Good engineering practice stack height as
defined by
40
CFR 51.100(ii);
(3) Maximum flue gas flow rate;
(4) Maximum flue gas temperature;
(5) Attach a US Geological Service
topographic map (or equivalent) showing the facility location and surrounding
land within five km of the facility;
(6) Identify terrain type: complex or
noncomplex; and
(7) Identify land
use: urban or rural.
(B)
For owners and operators using Tier III site specific dispersion modeling to
determine allowable levels under subsection 11-266-106(d) or 11-266-107(c), or
adjusted Tier I feed rate screening limits under subsection ll-266-106(e) or
11-266-107(e):
(1) Dispersion model and
version used;
(2) Source of
meteorological data;
(3) The
dilution factor in micrograms per cubic meter per gram per second of emissions
for the maximum annual average off-site (unless on-site is required) ground
level concentration (MEI location); and
(4) Indicate the MEI location on the map
required under subclause (b) (2) (v) (A) (5);
(vi) For facilities complying with the Tier
II or III emissions rate controls for metals or HCl and
Cl2, a comparison of the estimated controlled emissions
rates determined under subparagraph (b)(2)(iv) with the allowable emission
rates determined under subparagraph (b)(2)(v);
(vii) For facilities complying with the Tier
I (or adjusted Tier I) feed rate screening limits for metals or total chloride
and chlorine, a comparison of actual feed rates of each metal and total
chlorine and chloride determined under subparagraph (b) (2) (iii) to the Tier I
allowable feed rates; and
(viii)
For industrial furnaces that feed hazardous waste for any purpose other than
solely as an ingredient (as defined by subparagraph (a) (5) (ii)) at any
location other than the product discharge end of the device, documentation of
compliance with the requirements of clauses (a)(5)(i)(A), (a) (5) (i) (B), and
(a) (5) (i) (C).
(ix) For
industrial furnaces that recycle collected particulate matter (PM) back into
the furnace and that will certify compliance with the metals emissions
standards under clause (c) (3) (ii) (A):
(A)
The applicable particulate matter standard in lb/hr; and
(B) The precompliance limit on the
concentration of each metal in collected PM.
(3) Limits on operating conditions. The owner
and operator shall establish limits on the following parameters consistent with
the determinations made under paragraph (b)(2) and certify (under provisions of
paragraph (b)(9)) to the director that the facility will operate within the
limits during interim status when there is hazardous waste in the unit until
revised certification of precompliance under paragraph (b)(8) or certification
of compliance under subsection (c):
(i) Feed
rate of total hazardous waste and (unless complying with the Tier I or adjusted
Tier I metals feed rate screening limits under subsection 11-266-106(b) or
11-266-106(e) ) pumpable hazardous waste;
(ii) Feed rate of each metal in the following
feed streams:
(A) Total feed streams, except
that industrial furnaces that comply with the alternative metals implementation
approach under paragraph (b)(4) must specify limits on the concentration of
each metal in collected particulate matter in lieu of feed rate limits for
total feedstreams;
(B) Total
hazardous waste feed, unless complying with the Tier I or Adjusted Tier I
metals feed rate screening limits under subsection 11-266-106(b) or (e);
and
(C) Total pumpable hazardous
waste feed, unless complying with the Tier I or adjusted Tier I metals feed
rate screening limits under subsection 11-266-106(b) or
11-266-106(e);
(iii)
Total feed rate of chlorine and chloride in total feed streams;
(iv) Total feed rate of ash in total feed
streams, except that the ash feed rate for cement kilns and light-weight
aggregate kilns is not limited; and
(v) Maximum production rate of the device in
appropriate units when producing normal product, unless complying with the Tier
I or Adjusted Tier I feed rate screening limits for chlorine under paragraph
11-266-107(b)(1) or subsection 11-266-107(e) and for all metals under
subsection 11-266-106(b) or (e), and the uncontrolled particulate emissions do
not exceed the standard under section 11-266-105.
(4) Operating requirements for furnaces that
recycle PM. Owners and operators of furnaces that recycle collected particulate
matter (PM) back into the furnace and that will certify compliance with the
metals emissions controls under clause (c)(3)(ii)(A) must comply with the
special operating requirements provided in "Alternative Methodology for
Implementing Metals Controls" in Appendix IX.
(5) Measurement of feed rates and production
rate.
(i) General requirements. Limits on
each of the parameters specified in paragraph (b)(3) (except for limits on
metals concentrations in collected particulate matter (PM) for industrial
furnaces that recycle collected PM) shall be established and continuously
monitored under either of the following methods:
(A) Instantaneous limits. A limit for a
parameter may be established and continuously monitored and recorded on an
instantaneous basis (i.e., the value that occurs at any time) not to be
exceeded at any time; or
(B) Hourly
rolling average limits. A limit for a parameter may be established and
continuously monitored on an hourly rolling average basis defined as follows:
(1) A continuous monitor is one which
continuously samples the regulated parameter without interruption, and
evaluates the detector response at least once each fifteen seconds, and
computes and records the average value at least every sixty seconds.
(2) An hourly rolling average is the
arithmetic mean of the sixty most recent 1-minute average values recorded by
the continuous monitoring system.
(ii) Rolling average limits for carcinogenic
metals and lead. Feed rate limits for the carcinogenic metals (arsenic,
beryllium, cadmium, and chromium) and lead may be established either on an
hourly rolling average basis as prescribed by clause (b)(5)(i)(B) or on (up to)
a twenty-four hour rolling average basis. If the owner or operator elects to
use an averaging period from two to twenty-four 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 a
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 fifteen seconds, and
computes and records the average value at least every sixty 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 sixty-minute period beginning at
one minute after the beginning of the preceding clock hour.
(iii) Feed rate limits
for metals, total chloride and chlorine, and ash. Feed rate limits for metals,
total chlorine and chloride, and ash are established and monitored by knowing
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 subparagraphs (b) (5) (i) and
(b) (5) (ii).
(7) Monitoring other
operating parameters. When the monitoring systems for the operating parameters
listed in subparagraphs (c)(1)(v) through (c)(1)(xiii) are installed and
operating in conformance with vendor specifications or (for CO, HC, and oxygen)
specifications provided by appendix IX, as appropriate, the parameters shall be
continuously monitored and records shall be maintained in the operating
record.
(8) Revised certification
of precompliance. The owner or operator may revise at any time the information
and operating conditions documented under paragraphs (b)(2) and (b)(3) in the
certification of precompliance by submitting a revised certification of
precompliance under procedures provided by those paragraphs.
(i) The public notice requirements of
paragraph (b)(6) do not apply to recertifications.
(ii) The owner and operator must operate the
facility within the limits established for the operating parameters under
paragraph (b)(3) until a revised certification is submitted under this
paragraph or a certification of compliance is submitted under subsection
(c).
(9) Certification
of precompliance statement. The owner or operator must include the following
signed statement with the certification of precompliance submitted to the
director:
"I certify under penalty of law that this information was
prepared under my direction or supervision in accordance with a system designed
to ensure that qualified personnel properly gathered and evaluated the
information and supporting documentation. Copies of all emissions tests,
dispersion modeling results and other information used to determine conformance
with the requirements of subsection 11-266-103(b) of the Hawaii Administrative
Rules are available at the facility and can be obtained from the facility
contact person listed above. Based on my inquiry of the person or persons who
manages the facility, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and
belief, true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility of fine
and imprisonment for knowing violations. I also acknowledge that the operating
limits established in this certification pursuant to paragraphs
11-266-103(b)(3) and 11-266-103(b)(4) of the Hawaii Administrative Rules are
enforceable limits at which the facility can legally operate during interim
status until:
(1) A revised
certification of precompliance is submitted,
(2) a certification of compliance is
submitted, or
(3) an operating
permit is issued."