Current through Register Vol. 48, No. 38, September 20, 2024
For a facility that incinerates hazardous waste, except as 35
Ill. Adm. Code
724.440 and
subsection (e) provide otherwise, the applicant must fulfill the requirements
of subsection (a), (b), or (c) in completing the Part B application.
a) When seeking exemption pursuant to 35 Ill.
Adm. Code
724.440(b) or
(c) (ignitable, corrosive, or reactive wastes
only), the applicant must fulfill the following requirements:
1) Documentation that the waste is listed as
a hazardous waste in Subpart D of 35 Ill. Adm. Code 721 solely because it is
ignitable (Hazard Code I), corrosive (Hazard Code C), or both;
2) Documentation that the waste is listed as
a hazardous waste in Subpart D of 35 Ill. Adm. Code 721 solely because it is
reactive (Hazard Code R) for characteristics other than those listed in 35 Ill.
Adm. Code
721.123(a)(4) and
(a)(5) and will not be burned when other
hazardous wastes are present in the combustion zone;
3) Documentation that the waste is a
hazardous waste solely because it possesses the characteristic of ignitability
or corrosivity, or both, as determined by the tests for characteristics of
hazardous wastes pursuant to Subpart C of 35 Ill. Adm. Code 721; or
4) Documentation that the waste is a
hazardous waste solely because it possesses the reactivity characteristics
listed in 35 Ill. Adm. Code
721.123(a)(1) through
(a)(3) or (a)(6) through (a)(8), and that it
will not be burned when other hazardous wastes are present in the combustion
zone.
b) Submit a trial
burn plan or the results of a trial burn, including all required
determinations, in accordance with Section
703.222
through
703.224.
c) In lieu of a trial burn, the applicant may
submit the following information:
1) An
analysis of each waste or mixture of wastes to be burned including the
following:
A) Heat value of the waste in the
form and composition in which it will be burned;
B) Viscosity (if applicable) or description
of physical form of the waste;
C)
An identification of any hazardous organic constituents listed in Appendix H to
35 Ill. Adm. Code 721 that are present in the waste to be burned, except that
the applicant need not analyze for constituents listed in Appendix H to 35 Ill.
Adm. Code 721 that would reasonably not be expected to be found in the waste.
The constituents excluded from analysis must be identified and the basis for
their exclusion stated. The waste analysis must rely on appropriate analytical
methods;
D) An approximate
quantification of the hazardous constituents identified in the waste, within
the precision produced by the appropriate analytical methods; and
E) A quantification of those hazardous
constituents in the waste that may be designated as POHCs based on data
submitted from other trial or operational burns that demonstrate compliance
with the performance standard in 35 Ill. Adm. Code
724.443;
BOARD NOTE: The federal regulations do not themselves define
the phrase "appropriate analytical methods", but USEPA did include a definition
in its preamble discussion accompanying the rule. The Board directs attention
to the following segment (at 70 Fed. Reg. 34538, 34541 (June 14, 2005)) for the
purposes of subsections (b)(1)(C) and (b)(1)(D):
[T]wo primary considerations in selecting an appropriate
method, which together serve as our general definition of an appropriate method
[are the following]...:
1.Appropriate
methods are reliable and accepted as such in the scientific
community.
2.Appropriate methods
generate effective data.
USEPA went on to further elaborate these two concepts and to
specify other documents that might provide guidance.
2) A detailed
engineering description of the incinerator, including the following:
A) Manufacturer's name and model number of
incinerator;
B) Type of
incinerator;
C) Linear dimension of
incinerator unit including cross sectional area of combustion
chamber;
D) Description of
auxiliary fuel system (type/feed);
E) Capacity of prime mover;
F) Description of automatic waste feed cutoff
systems;
G) Stack gas monitoring
and pollution control monitoring system;
H) Nozzle and burner design;
I) Construction materials; and
J) Location and description of temperature,
pressure and flow indicating devices and control devices;
3) A description and analysis of the waste to
be burned compared with the waste for which data from operational or trial
burns are provided to support the contention that a trial burn is not needed.
The data should include those items listed in subsection (c)(1). This analysis
should specify the POHCs that the applicant has identified in the waste for
which a permit is sought, and any differences from the POHCs in the waste for
which burn data are provided;
4)
The design and operating conditions of the incinerator unit to be used,
compared with that for which comparative burn data are available;
5) A description of the results submitted
from any previously conducted trial burns, including the following:
A) Sampling and analysis techniques used to
calculate performance standards in 35 Ill. Adm. Code 724.443;
B) Methods and results of monitoring
temperatures, waste feed rates, carbon monoxide, and an appropriate indicator
of combustion gas velocity (including a statement concerning the precision and
accuracy of this measurement); and
C) The certification and results required by
subsection (b);
6) The
expected incinerator operation information to demonstrate compliance with 35
Ill. Adm. Code
724.443 and
724.445,
including the following:
A) Expected carbon
monoxide (CO) level in the stack exhaust gas;
B) Waste feed rate;
C) Combustion zone temperature;
D) Indication of combustion gas
velocity;
E) Expected stack gas
volume, flow rate, and temperature;
F) Computed residence time for waste in the
combustion zone;
G) Expected
hydrochloric acid removal efficiency;
H) Expected fugitive emissions and their
control procedures; and
I) Proposed
waste feed cut-off limits based on the identified significant operating
parameters;
7) The
Agency may, pursuant to 35 Ill. Adm. Code
705.122, request
such additional information as may be necessary for the Agency to determine
whether the incinerator meets the requirements of Subpart O of 35 Ill. Adm.
Code 724 and what conditions are required by that Subpart and Section 39(d) of
the Environmental Protection Act; and
8) Waste analysis data, including that
submitted in subsection (c)(1), sufficient to allow the Agency to specify as
permit Principal Organic Hazardous Constituents (permit POHCs) those
constituents for which destruction and removal efficiencies will be
required.
d) The Agency
must approve a permit application without a trial burn if it finds the
following:
1) The wastes are sufficiently
similar; and
2) The incinerator
units are sufficiently similar, and the data from other trial burns are
adequate to specify (pursuant to 35 Ill. Adm. Code 724.445) operating
conditions that will ensure that the performance standards in 35 Ill. Adm. Code
724.443
will be met by the incinerator.
e) When the owner or operator of a hazardous
waste incineration unit becomes subject to RCRA permit requirements, or when
the owner or operator of an existing hazardous waste incineration unit
demonstrates compliance with the air emission standards and limitations of the
federal National Emission Standards for Hazardous Air Pollutants (NESHAPs) in
subpart EEE of 40 CFR 63 (National Emission Standards for Hazardous Air
Pollutants from Hazardous Waste Combustors), incorporated by reference in 35
Ill. Adm. Code
720.111(b)
(i.e., by conducting a comprehensive performance test and submitting a
Notification of Compliance pursuant to
40 CFR
63.1207(j) and
63.1210(d)
documenting compliance with all applicable requirements of subpart EEE of 40
CFR 63), this Section does not apply, except those provisions that the Agency
determines are necessary to ensure compliance with 35 Ill. Adm. Code
724.445(a) and
(c) if the owner or operator elects to comply
with Section
703.320(a)(1)(A)
to minimize emissions of toxic compounds from startup, shutdown, and
malfunction events. Nevertheless, the Agency may apply the provisions of this
Section, on a case-by-case basis, for purposes of information collection in
accordance with Sections
703.188,
703.189,
and
703.241(a)(2) and
(a)(3).
BOARD NOTE: Operating conditions used to determine
effective treatment of hazardous waste remain effective after the owner or
operator demonstrates compliance with the standards of subpart EEE of 40 CFR
63.
BOARD NOTE: Derived from
40 CFR
270.19 (2017).
