Current through Register Vol. 48, No. 38, September 20, 2024
When the owner or operator of a cement or lightweight
aggregate kiln, lightweight aggregate kiln, solid fuel boiler, liquid fuel
boiler, or hydrochloric acid production furnace becomes subject to RCRA permit
requirements, or when the owner or operator of an existing cement kiln,
lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, or
hydrochloric acid production furnace 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. This Section applies, however, if the
Agency determines certain provisions are necessary to ensure compliance with 35
Ill. Adm. Code
726.202(e)(1) and
(e)(2)(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; or if the facility is an area source and the owner or
operator elects to comply with the Sections
726.205,
726.206,
and
726.207
standards and associated requirements for particulate matter, hydrogen chloride
and chlorine gas, and non-mercury metals; or if the Agency determines that
certain provisions apply, 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).
a) Trial Burns
1) General. Except as provided below, an
owner or operator that is subject to the standards to control organic emissions
provided by 35 Ill. Adm. Code
726.204,
standards to control particulate matter provided by 35 Ill. Adm. Code 726.205,
standards to control metals emissions provided by 35 Ill. Adm. Code 726.206, or
standards to control hydrogen chloride (HCl) or chlorine gas emissions provided
by 35 Ill. Adm. Code
726.207
must conduct a trial burn to demonstrate conformance with those standards and
must submit a trial burn plan or the results of a trial burn, including all
required determinations, in accordance with Section
703.232.
A) Pursuant to subsections (a)(2) through
(a)(5) and 35 Ill. Adm. Code
726.204
through 726.207, the Agency may waive a trial burn to demonstrate conformance
with a particular emission standard; and
B) The owner or operator may submit data in
lieu of a trial burn, as prescribed in subsection (a)(6).
2) Waiver of Trial Burn of DRE (Destruction
Removal Efficiency)
A) Boilers Operatedunder
Special Operating Requirements. When seeking to be permitted pursuant to 35
Ill. Adm. Code
726.204(a)(4)
and
726.210,
which automatically waive the DRE trial burn, the owner or operator of a boiler
must submit documentation that the boiler operates under the special operating
requirements provided by 35 Ill. Adm. Code 726.210.
B) Boilers and Industrial Furnaces Burning
Low Risk Waste. When seeking to be permitted under the provisions for low risk
waste provided by 35 Ill. Adm. Code
726.204(a)(5)
and
726.209(a),
which waive the DRE trial burn, the owner or operator must submit the
following:
i) Documentation that the device
is operated in conformance with 35 Ill. Adm. Code
726.209(a)(1).
ii) Results of analyses of each waste to be
burned, documenting the concentrations of nonmetal compounds listed in Appendix
H to 35 Ill. Adm. Code 721, except for those constituents that would reasonably
not be expected to be in the waste. The constituents excluded from analysis
must be identified and the basis for their exclusion explained. The analysis
must rely on appropriate analytical methods.
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.
iii) Documentation of hazardous
waste firing rates and calculations of reasonable, worst-case emission rates of
each constituent identified in subsection (a)(2)(B)(ii) using procedures
provided by 35 Ill. Adm. Code
726.209(a)(2)(B).
iv) Results of emissions dispersion modeling
for emissions identified in subsection (a)(2)(B)(iii) using modeling procedures
prescribed by 35 Ill. Adm. Code
726.206(h).
The Agency must review the emission modeling conducted by the applicant to
determine conformance with these procedures. The Agency must either approve the
modeling or determine that alternate or supplementary modeling is appropriate.
v) Documentation that the maximum
annual average ground level concentration of each constituent identified in
subsection (a)(2)(B)(ii) quantified in conformance with subsection
(a)(2)(B)(iv) does not exceed the allowable ambient level established in
Appendix D or E to 35 Ill. Adm. Code 726. The acceptable ambient concentration
for emitted constituents for which a specific reference air concentration has
not been established in Appendix D to 35 Ill. Adm. Code 726 or risk-specific
doses has not been established in Appendix E to 35 Ill. Adm. Code 726 is 0.1
micrograms per cubic meter, as noted in the footnote to Appendix D to 35 Ill.
Adm. Code 726.
3) Waiver of Trial Burn for Metals. When
seeking to be permitted under the Tier I (or adjusted Tier I) metals feed rate
screening limits provided by 35 Ill. Adm. Code
726.206(b)
and (e) that control metals emissions without
requiring a trial burn, the owner or operator must submit the following:
A) Documentation of the feed rate of
hazardous waste, other fuels, and industrial furnace feed stocks;
B) Documentation of the concentration of each
metal controlled by 35 Ill. Adm. Code
726.206(b)
or (c) in the hazardous waste, other fuels
and industrial furnace feedstocks, and calculations of the total feed rate of
each metal;
C) Documentation of how
the applicant will ensure that the Tier I feed rate screening limits provided
by 35 Ill. Adm. Code
726.206(b)
or (e) will not be exceeded during the
averaging period provided by that subsection;
D) Documentation to support the determination
of the TESH (terrain-adjusted effective stack height), good engineering
practice stack height, terrain type, and land use, as provided by 35 Ill. Adm.
Code
726.206(b)(3)
through (b)(5);
E) Documentation of compliance with the
provisions of 35 Ill. Adm. Code
726.206(b)(6),
if applicable, for facilities with multiple stacks;
F) Documentation that the facility does not
fail the criteria provided by 35 Ill. Adm. Code
726.206(b)(7)
for eligibility to comply with the screening limits; and
G) Proposed sampling and metals analysis plan
for the hazardous waste, other fuels, and industrial furnace feed
stocks.
4) Waiver of
Trial Burn for PM (Particulate Matter). When seeking to be permitted under the
low risk waste provisions of 35 Ill. Adm. Code
726.209(b),
which waives the particulate standard (and trial burn to demonstrate
conformance with the particulate standard), applicants must submit
documentation supporting conformance with subsections (a)(2)(B) and
(a)(3).
5) Waiver of Trial Burn for
HCl and Chlorine Gas. When seeking to be permitted under the Tier I (or
adjusted Tier I) feed rate screening limits for total chlorine and chloride
provided by 35 Ill. Adm. Code
726.207(b)(1)
and (e) that control emissions of HCl and
chlorine gas without requiring a trial burn, the owner or operator must submit
the following:
A) Documentation of the feed
rate of hazardous waste, other fuels, and industrial furnace feed
stocks;
B) Documentation of the
levels of total chlorine and chloride in the hazardous waste, other fuels and
industrial furnace feedstocks, and calculations of the total feed rate of total
chlorine and chloride;
C)
Documentation of how the applicant will ensure that the Tier I (or adjusted
Tier I) feed rate screening limits provided by 35 Ill. Adm. Code
726.207(b)(1)
or (e) will not be exceeded during the
averaging period provided by that subsection;
D) Documentation to support the determination
of the TESH, good engineering practice stack height, terrain type and land use
as provided by 35 Ill. Adm. Code
726.207(b)(3);
E) Documentation of compliance with the
provisions of 35 Ill. Adm. Code
726.207(b)(4),
if applicable, for facilities with multiple stacks;
F) Documentation that the facility does not
fail the criteria provided by 35 Ill. Adm. Code
726.207(b)(3)
for eligibility to comply with the screening limits; and
G) Proposed sampling and analysis plan for
total chlorine and chloride for the hazardous waste, other fuels, and
industrial furnace feedstocks.
6) Data in Lieu of Trial Burn. The owner or
operator may seek an exemption from the trial burn requirements to demonstrate
conformance with Section
703.232
and 35 Ill. Adm. Code
726.204
through
726.207
by providing the information required by Section
703.232
from previous compliance testing of the device in conformance with 35 Ill. Adm.
Code
726.203
or from compliance testing or trial or operational burns of similar boilers or
industrial furnaces burning similar hazardous wastes under similar conditions.
If data from a similar device is used to support a trial burn waiver, the
design and operating information required by Section
703.232
must be provided for both the similar device and the device to which the data
is to be applied, and a comparison of the design and operating information must
be provided. The Agency must approve a permit application without a trial burn
if the Agency finds that the hazardous wastes are sufficiently similar, the
devices are sufficiently similar, the operating conditions are sufficiently
similar, and the data from other compliance tests, trial burns, or operational
burns are adequate to specify (pursuant to 35 Ill. Adm. Code
726.102)
operating conditions that will ensure conformance with 35 Ill. Adm. Code
726.102(c).
In addition, the following information must be submitted:
A) For a waiver from any trial burn, the
following:
i) A description and analysis of
the hazardous waste to be burned compared with the hazardous waste for which
data from compliance testing or operational or trial burns are provided to
support the contention that a trial burn is not needed;
ii) The design and operating conditions of
the boiler or industrial furnace to be used, compared with that for which
comparative burn data are available; and
iii) Such supplemental information as the
Agency finds necessary to achieve the purposes of this subsection
(a).
B) For a waiver of
the DRE trial burn, the basis for selection of POHCs (principal organic
hazardous constituents) used in the other trial or operational burns that
demonstrate compliance with the DRE performance standard in 35 Ill. Adm. Code
726.204(a).
This analysis should specify the constituents in Appendix H to 35 Ill. Adm.
Code 721 that the applicant has identified in the hazardous waste for which a
permit is sought and any differences from the POHCs in the hazardous waste for
which burn data are provided.
b) Alternative HC Limit for Industrial
Furnaces with Organic Matter in Raw Materials. An owner or operator of
industrial furnaces requesting an alternative HC limit pursuant to 35 Ill. Adm.
Code
726.204(f)
must submit the following information at a minimum:
1) Documentation that the furnace is designed
and operated to minimize HC emissions from fuels and raw materials;
2) Documentation of the proposed baseline
flue gas HC (and CO) concentration, including data on HC (and CO) levels during
tests when the facility produced normal products under normal operating
conditions from normal raw materials while burning normal fuels and when not
burning hazardous waste;
3) Test
burn protocol to confirm the baseline HC (and CO) level including information
on the type and flow rate of all feedstreams, point of introduction of all
feedstreams, total organic carbon content (or other appropriate measure of
organic content) of all nonfuel feedstreams, and operating conditions that
affect combustion of fuels and destruction of hydrocarbon emissions from
nonfuel sources;
4) Trial burn plan
to do the following:
A) To demonstrate when
burning hazardous waste that flue gas HC (and CO) concentrations do not exceed
the baseline HC (and CO) level; and
B) To identify, in conformance with Section
703.232(d),
the types and concentrations of organic compounds listed in Appendix H to 35
Ill. Adm. Code 721 that are emitted when burning hazardous waste;
5) Implementation plan to monitor
over time changes in the operation of the facility that could reduce the
baseline HC level and procedures to periodically confirm the baseline HC level;
and
6) Such other information as
the Agency finds necessary to achieve the purposes of this subsection
(b).
c) Alternative
Metals Implementation Approach. When seeking to be permitted under an
alternative metals implementation approach pursuant to 35 Ill. Adm. Code
726.206(f),
the owner or operator must submit documentation specifying how the approach
ensures compliance with the metals emissions standards of 35 Ill. Adm. Code
726.106(c) or (d) and how the approach can be effectively implemented and
monitored. Further, the owner or operator must provide such other information
that the Agency finds necessary to achieve the purposes of this subsection
(c).
d) Automatic Waste Feed Cutoff
System. An owner or operator must submit information describing the automatic
waste feed cutoff system, including any pre-alarm systems that may be
used.
e) Direct Transfer. An owner
or operator that uses direct transfer operations to feed hazardous waste from
transport vehicles (containers, as defined in 35 Ill. Adm. Code
726.211
) directly to the boiler or industrial furnace must submit information
supporting conformance with the standards for direct transfer provided by 35
Ill. Adm. Code 726.211.
f)
Residues. An owner or operator that claims that its residues are excluded from
regulation pursuant to 35 Ill. Adm. Code
726.212
must submit information adequate to demonstrate conformance with those
provisions.
BOARD NOTE: Derived from
40
CFR 270.22 (2017).
