Current through February, 2024
(a) General. The
owner or operator must comply with the metals standards provided by subsection
(b), (c), (d), (e), or (f) for each metal listed in subsection (b) that is
present in the hazardous waste at detectable levels using analytical procedures
specified in Test Methods for Evaluating Solid Waste, Physical/Chemical Methods
(SW-846), incorporated by reference in section 11-260-11.
(b) Tier I feed rate screening limits. Feed
rate screening limits for metals are specified in appendix I as a function of
terrain-adjusted effective stack height and terrain and land use in the
vicinity of the facility. Criteria for facilities that are not eligible to
comply with the screening limits are provided in paragraph (b)(7).
(1) Noncarcinogenic metals. The feed rates of
antimony, barium, lead, mercury, thallium, and silver in all feed streams,
including hazardous waste, fuels, and industrial furnace feed stocks shall not
exceed the screening limits specified in appendix I.
(i) The feed rate screening limits for
antimony, barium, mercury, thallium, and silver are based on either:
(A) An hourly rolling average as defined in
clause 11-266-102(e)(6)(i)(B); or
(B) An instantaneous limit not to be exceeded
at any time.
(ii) The
feed rate screening limit for lead is based on one of the following:
(A) An hourly rolling average as defined in
clause 11-266-102(e) (6) (i) (B);
(B) An averaging period of two to twenty four
hours as defined in subparagraph 11-266-102(e)(6)(ii) with an instantaneous
feed rate limit not to exceed ten times the feed rate that would be allowed on
an hourly rolling average basis; or
(C) An instantaneous limit not to be exceeded
at any time.
(2) Carcinogenic metals.
(i) The feed rates of arsenic, cadmium,
beryllium, and chromium in all feed streams, including hazardous waste, fuels,
and industrial furnace feed stocks shall not exceed values derived from the
screening limits specified in appendix I. The feed rate of each of these metals
is limited to a level such that the sum of the ratios of the actual feed rate
to the feed rate screening limit specified in appendix I shall not exceed 1.0,
as provided by the following equation:
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where:
n = number of carcinogenic metals
AFR = actual feed rate to the device for metal "i"
FRSL = feed rate screening limit provided by Appendix I
for metal "i".
(ii) The
feed rate screening limits for the carcinogenic metals are based on either:
(A) An hourly rolling average; or
(B) An averaging period of two to twenty four
hours as defined in clause 11-266-102(e)(6)(ii) with an instantaneous feed rate
limit not to exceed ten times the feed rate that would be allowed on an hourly
rolling average basis.
(3) TESH.
(i) The terrain-adjusted effective stack
height is determined according to the following equation:
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where:
Ha = Actual physical stack height
Hi = Plume rise as determined from appendix VI as a
function of stack flow rate and stack gas exhaust temperature.
Tr = Terrain rise within five kilometers of the
stack.
(ii) The stack
height (Ha) may not exceed good engineering practice as specified in
40
CFR 51.100(ii).
(iii) If the TESH for a particular facility
is not listed in the table in the appendices, the nearest lower TESH listed in
the table shall be used. If the TESH is four meters or less, a value of four
meters shall be used.
(4) Terrain type. The screening limits are a
function of whether the facility is located in noncomplex or complex terrain. A
device located where any part of the surrounding terrain within five kilometers
of the stack equals or exceeds the elevation of the physical stack height (Ha)
is considered to be in complex terrain and the screening limits for complex
terrain apply. Terrain measurements are to be made from U.S. Geological Survey
7.5-minute topographic maps of the area surrounding the facility.
(5) Land use. The screening limits are a
function of whether the facility is located in an area where the land use is
urban or rural. To determine whether land use in the vicinity of the facility
is urban or rural, procedures provided in appendices IX or X shall be
used.
(6) Multiple stacks. Owners
and operators of facilities with more than one on-site stack from a boiler,
industrial furnace, incinerator, or other thermal treatment unit subject to
controls of metals emissions under a hazardous waste management operating
permit or interim status controls must comply with the screening limits for all
such units assuming all hazardous waste is fed into the device with the
worst-case stack based on dispersion characteristics. The worst-case stack is
determined from the following equation as applied to each stack:
K = HVT
where:
K = a parameter accounting for relative influence of stack
height and plume rise;
H = physical stack height (meters);
V = stack gas flow rate (mVsecond); and
T = exhaust temperature (°K).
The stack with the lowest value of K is the worst-case
stack.
(7) Criteria for
facilities not eligible for screening limits. If any criteria below are met,
the Tier I and Tier II screening limits do not apply. Owners and operators of
such facilities must comply with either the Tier III standards provided by
subsection (d) of this section or with the adjusted Tier I feed rate screening
limits provided by subsection (e) of this section.
(i) The device is located in a narrow valley
less than one kilometer wide;
(ii)
The device has a stack taller than twenty meters and is located such that the
terrain rises to the physical height within one kilometer of the
facility;
(iii) The device has a
stack taller than twenty meters and is located within five kilometers of a
shoreline of a large body of water such as an ocean or large lake;
(iv) The physical stack height of any stack
is less than 2.5 times the height of any building within five building heights
or five projected building widths of the stack and the distance from the stack
to the closest boundary is within five building heights or five projected
building widths of the associated building; or
(v) The director determines that standards
based on site-specific dispersion modeling are required.
(8) Implementation. The feed rate of metals
in each feedstream must be monitored to ensure that the feed rate screening
limits are not exceeded.
(c) Tier II emission rate screening limits.
Emission rate screening limits are specified in Appendix I as a function of
terrain-adjusted effective stack height and terrain and land use in the
vicinity of the facility. Criteria for facilities that are not eligible to
comply with the screening limits are provided in paragraph (b)(7).
(1) Noncarcinogenic metals. The emission
rates of antimony, barium, lead, mercury, thallium, and silver shall not exceed
the screening limits specified in Appendix I.
(2) Carcinogenic metals. The emission rates
of arsenic, cadmium, beryllium, and chromium shall not exceed values derived
from the screening limits specified in Appendix I. The emission rate of each of
these metals is limited to a level such that the sum of the ratios of the
actual emission rate to the emission rate screening limit specified in Appendix
I shall not exceed 1.0, as provided by the following equation:
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where:
n = number of carcinogenic metals
AER = actual emission rate for metal "i"
ERSL = emission rate screening limit provided by appendix
I of this chapter for metal "i".
(3) Implementation. The emission rate limits
must be implemented by limiting feed rates of the individual metals to levels
during the trial burn (for new facilities or an interim status facility
applying for a permit) or the compliance test (for interim status facilities).
The feed rate averaging periods are the same as provided by subparagraphs
(b)(1)(i) and (b)(1)(ii) and (b)(2)(ii). The feed rate of metals in each
feedstream must be monitored to ensure that the feed rate limits for the
feedstreams specified under section 11-266-102 or 11-266-103 are not
exceeded.
(4) Definitions and
limitations. The definitions and limitations provided by subsection (b) for the
following terms also apply to the Tier II emission rate screening limits
provided by subsection (c): terrain-adjusted effective stack height, good
engineering practice stack height, terrain type, land use, and criteria for
facilities not eligible to use the screening limits.
(5) Multiple stacks.
(i) Owners and operators of facilities with
more than one onsite stack from a boiler, industrial furnace, incinerator, or
other thermal treatment unit subject to controls on metals emissions under a
hazardous waste management permit or interim status controls must comply with
the emissions screening limits for any such stacks assuming all hazardous waste
is fed into the device with the worst-case stack based on dispersion
characteristics.
(ii) The
worst-case stack is determined by procedures provided in paragraph
(b)(6).
(iii) For each metal, the
total emissions of the metal from those stacks shall not exceed the screening
limit for the worst-case stack.
(d) Tier III and Adjusted Tier I
site-specific risk assessment. The requirements of this subsection apply to
facilities complying with either the Tier III or Adjusted Tier I controls,
except where specified otherwise.
(1)
General. Conformance with the Tier III metals controls must be demonstrated by
emissions testing to determine the emission rate for each metal. In addition,
conformance with either the Tier III or Adjusted Tier I metals controls must be
demonstrated by air dispersion modeling to predict the maximum annual average
off-site ground level concentration for each dispersion modeling to predict the
maximum annual average off-site ground level concentration for each metal, and
a demonstration that acceptable ambient levels are not exceeded.
(2) Acceptable ambient levels. Appendices IV
and V of this chapter list the acceptable ambient levels for purposes of this
rule. Reference air concentrations (RACs) are listed for the noncarcinogenic
metals and 10"5 risk-specific doses (RSDs) are
listed for the carcinogenic metals. The RSD for a metal is the acceptable
ambient level for that metal provided that only one of the four carcinogenic
metals is emitted. If more than one carcinogenic metal is emitted, the
acceptable ambient level for the carcinogenic metals is a fraction of the RSD
as described in paragraph (d)(3).
(3) Carcinogenic metals. For the carcinogenic
metals, arsenic, cadmium, beryllium, and chromium, the sum of the ratios of the
predicted maximum annual average off-site ground level concentrations (except
that on-site concentrations must be considered if a person resides on site) to
the risk-specific dose (RSD) for all carcinogenic metals emitted shall not
exceed 1.0 as determined by the following equation:
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where: n = number of carcinogenic metals
(4) Noncarcinogenic metals. For the
noncarcinogenic metals, the predicted maximum annual average off-site ground
level concentration for each metal shall not exceed the reference air
concentration (RAC).
(5) Multiple
stacks. Owners and operators of facilities with more than one on-site stack
from a boiler, industrial furnace, incinerator, or other thermal treatment unit
subject to controls on metals emissions under a hazardous waste management
permit or interim status controls must conduct emissions testing (except that
facilities complying with Adjusted Tier I controls need not conduct emissions
testing) and dispersion modeling to demonstrate that the aggregate emissions
from all such on-site stacks do not result in an exceedance of the acceptable
ambient levels.
(6) Implementation.
Under Tier III, the metals controls must be implemented by limiting feed rates
of the individual metals to levels during the trial burn (for new facilities or
an interim status facility applying for a permit) or the compliance test (for
interim status facilities). The feed rate averaging periods are the same as
provided by subparagraphs (b)(1)(i) and (ii) and (b)(2)(ii). The feed rate of
metals in each feedstream must be monitored to ensure that the feed rate limits
for the feedstreams specified under section 11-266-102 or 11-266-103 are not
exceeded.
(e) Adjusted
Tier I feed rate screening limits. The owner or operator may adjust the feed
rate screening limits provided by appendix I to account for site-specific
dispersion modeling. Under this approach, the adjusted feed rate screening
limit for a metal is determined by back-calculating from the acceptable ambient
level provided by appendices IV and V using dispersion modeling to determine
the maximum allowable emission rate. This emission rate becomes the adjusted
Tier I feed rate screening limit. The feed rate screening limits for
carcinogenic metals are implemented as prescribed in paragraph
(b)(2).
(f) Alternative
implementation approaches.
(1) The director
may approve on a case-by-case basis approaches to implement the Tier II or Tier
III metals emission limits provided by subsection (c) or (d) alternative to
monitoring the feed rate of metals in each feedstream.
(2) The emission limits provided by
subsection (d) must be determined as follows:
(i) For each noncarcinogenic metal, by
back-calculating from the RAC provided in appendix IV of this chapter to
determine the allowable emission rate for each metal using the dilution factor
for the maximum annual average ground level concentration predicted by
dispersion modeling in conformance with subsection (h); and
(ii) For each carcinogenic metal by:
(A) Back-calculating from the RSD provided in
appendix V to determine the allowable emission rate for each metal if that
metal were the only carcinogenic metal emitted using the dilution factor for
the maximum annual average ground level concentration predicted by dispersion
modeling in conformance with subsection (h); and
(B) If more than one carcinogenic metal is
emitted, selecting an emission limit for each carcinogenic metal not to exceed
the emission rate determined by clause (f)(2)(ii)(A) such that the sum for all
carcinogenic metals of the ratios of the selected emission limit to the
emission rate determined by that clause does not exceed 1.0.
(g) Emission
testing ---
(1) General. Emission testing for
metals shall be conducted using Method 0060, Determinations of Metals in Stack
Emissions, EPA Publication SW-846, as incorporated by reference in section
11-260-11.
(2) Hexavalent chromium.
Emissions of chromium are assumed to be hexavalent chromium unless the owner or
operator conducts emissions testing to determine hexavalent chromium emissions
using procedures prescribed in Method 0061, Determination of Hexavalent
Chromium Emissions from Stationary Sources, EPA Publication SW-846, as
incorporated by reference in section 11-260-11.
(h) Dispersion modeling. Dispersion modeling
required under this section shall be conducted according to methods recommended
in appendix W of 40 CFR Part 51 ("Guideline on Air Quality Models (Revised)"
(1986) and its supplements), the "Hazardous Waste Combustion Air Quality
Screening Procedure", provided in appendix IX, or in Screening Procedures for
Estimating the Air Quality Impact of Stationary Sources, Revised (incorporated
by reference in section 11-260-11 ) to predict the maximum annual average
off-site ground level concentration. However, on-site concentrations must be
considered when a person resides on-site.
(i) Enforcement. For the purposes of permit
enforcement, compliance with the operating requirements specified in the permit
(under section 11-266-102 ) will be regarded as compliance with this section.
However, evidence that compliance with those permit conditions is insufficient
to ensure compliance with the requirements of this section may be "information"
justifying modification or revocation and re-issuance of a permit under section
11-270-41.