Current through Register Vol. 48, No. 38, September 20, 2024
When the owner or operator of a cement kiln, lightweight
aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid
production furnace becomes subject to RCRA permit requirements or when an 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 does apply, 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 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) General. The owner or operator of a new
boiler or industrial furnace (one not operating under the interim status
standards of 35 Ill. Adm. Code
726.203
) is subject to subsections (b) through (f). A boiler or industrial furnace
operating under the interim status standards of 35 Ill. Adm. Code
726.203
is subject to subsection (g).
b)
Permit Operating Periods for a New Boiler or Industrial Furnace. A permit for a
new boiler or industrial furnace must specify appropriate conditions for the
following operating periods:
1) Pretrial burn
period. For the period beginning with initial introduction of hazardous waste
and ending with initiation of the trial burn, and only for the minimum time
required to bring the boiler or industrial furnace to a point of operation
readiness to conduct a trial burn, not to exceed 720 hours operating time when
burning hazardous waste, the Agency must establish permit conditions in the
pretrial burn period, including but not limited to allowable hazardous waste
feed rates and operating conditions. The Agency must extend the duration of
this operational period once, for up to 720 additional hours, at the request of
the applicant when good cause is shown. The permit must be modified to reflect
the extension according to Sections
703.280
through
703.283.
A) Applicants must submit a statement, with
Part B of the permit application, that suggests the conditions necessary to
operate in compliance with the standards of 35 Ill. Adm. Code
726.204
through
726.207
during this period. This statement should include, at a minimum, restrictions
on the applicable operating requirements identified in 35 Ill. Adm. Code
726.202(e).
B) The Agency must review this statement and
any other relevant information submitted with Part B of the permit application
and specify requirements for this period sufficient to meet the performance
standards of 35 Ill. Adm. Code
726.204
through
726.207
based on the Agency's engineering judgment.
2) Trial Burn Period. For the duration of the
trial burn, the Agency must establish conditions in the permit for the purposes
of determining feasibility of compliance with the performance standards of 35
Ill. Adm. Code
726.204
through
726.207
and determining adequate operating conditions pursuant to 35 Ill. Adm. Code
726.202(e).
Applicants must propose a trial burn plan, prepared pursuant to subsection (c),
to be submitted with Part B of the permit application.
3) Post-Trial Burn Period
A) For the period immediately following
completion of the trial burn, and only for the minimum period sufficient to
allow sample analysis, data computation and submission of the trial burn
results by the applicant, and review of the trial burn results and modification
of the facility permit by the Agency to reflect the trial burn results, the
Agency must establish the operating requirements most likely to ensure
compliance with the performance standards of 35 Ill. Adm. Code
726.204
through
726.207
based on the Agency's engineering judgment.
B) Applicants must submit a statement, with
Part B of the application, that identifies the conditions necessary to operate
during this period in compliance with the performance standards of 35 Ill. Adm.
Code
726.204
through 726.207. This statement should include, at a minimum, restrictions on
the operating requirements provided by 35 Ill. Adm. Code
726.202(e).
C) The Agency must review this statement and
any other relevant information submitted with Part B of the permit application
and specify requirements of this period sufficient to meet the performance
standards of 35 Ill. Adm. Code
726.204
through
726.207
based on the Agency's engineering judgment.
4) Final permit period. For the final period
of operation the Agency must develop operating requirements in conformance with
35 Ill. Adm. Code
726.202(e)
that reflect conditions in the trial burn plan and are likely to ensure
compliance with the performance standards of 35 Ill. Adm. Code
726.204
through 726.207. Based on the trial burn results, the Agency must make any
necessary modifications to the operating requirements to ensure compliance with
the performance standards. The permit modification must proceed according to
Sections
703.280
through 703.283.
c)
Requirements for Trial Burn Plans. The trial burn plan must include the
following information. The Agency, in reviewing the trial burn plan, must
evaluate the sufficiency of the information provided and may require the
applicant to supplement this information, if necessary, to achieve the purposes
of this subsection (c).
1) An analysis of
each feed stream, including hazardous waste, other fuels, and industrial
furnace feed stocks, as fired, that includes the following:
A) Heating value, levels of antimony,
arsenic, barium, beryllium, cadmium, chromium, lead, mercury, silver, thallium,
total chlorine and chloride, and ash; and
B) Viscosity or description of the physical
form of the feed stream.
2) An analysis of each hazardous waste, as
fired, including the following:
A) An
identification of any hazardous organic constituents listed in Appendix H to 35
Ill. Adm. Code 721 that are present in the feed stream, except that the
applicant need not analyze for constituents listed in Appendix H that would
reasonably not be expected to be found in the hazardous waste. The constituents
excluded from analysis must be identified and the basis for this exclusion
explained. The analysis must be conducted in accordance with appropriate
analytical methods;
B) An
approximate quantification of the hazardous constituents identified in the
hazardous waste, within the precision produced by the appropriate analytical
methods; and
C) A description of
blending procedures, if applicable, prior to firing the hazardous waste,
including a detailed analysis of the hazardous waste prior to blending, an
analysis of the material with which the hazardous waste is blended, and
blending ratios.
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.
3) A detailed engineering description of the
boiler or industrial furnace, including the following:
A) Manufacturer's name and model number of
the boiler or industrial furnace;
B) Type of boiler or industrial
furnace;
C) Maximum design capacity
in appropriate units;
D)
Description of the feed system for the hazardous waste and, as appropriate,
other fuels and industrial furnace feedstocks;
E) Capacity of hazardous waste feed
system;
F) Description of automatic
hazardous waste feed cutoff systems;
G) Description of any pollution control
system; and
H) Description of stack
gas monitoring and any pollution control monitoring systems.
4) A detailed description of
sampling and monitoring procedures, including sampling and monitoring locations
in the system, the equipment to be used, sampling and monitoring frequency, and
sample analysis.
5) A detailed test
schedule for each hazardous waste for which the trial burn is planned,
including dates, duration, quantity of hazardous waste to be burned, and other
factors relevant to the Agency's decision pursuant to subsection
(b)(2).
6) A detailed test
protocol, including, for each hazardous waste identified, the ranges of
hazardous waste feed rate, and, as appropriate, the feed rates of other fuels
and industrial furnace feedstocks, and any other relevant parameters that may
affect the ability of the boiler or industrial furnace to meet the performance
standards in 35 Ill. Adm. Code
726.204
through 726.207.
7) A description
of and planned operating conditions for any emission control equipment that
will be used.
8) Procedures for
rapidly stopping the hazardous waste feed and controlling emissions in the
event of an equipment malfunction.
9) Such other information as the Agency finds
necessary to determine whether to approve the trial burn plan in light of the
purposes of this subsection (c) and the criteria in subsection
(b)(2).
d) Trial Burn Procedures.
1) A trial burn must be conducted to
demonstrate conformance with the standards of 35 Ill. Adm. Code 726.104 through
726.107.
2) The Agency must approve
a trial burn plan if the Agency finds as follows:
A) That the trial burn is likely to determine
whether the boiler or industrial furnace can meet the performance standards of
35 Ill. Adm. Code 726.104 through 726.107;
B) That the trial burn itself will not
present an imminent hazard to human health and the environment;
C) That the trial burn will help the Agency
to determine operating requirements to be specified pursuant to 35 Ill. Adm.
Code
726.102(e);
and
D) That the information sought
in the trial burn cannot reasonably be developed through other means.
3) The Agency must send a notice
to all persons on the facility mailing list, as set forth in 35 Ill. Adm. Code
705.161(a),
and to the appropriate units of State and local government, as set forth in 35
Ill. Adm. Code
705.163(a)(5),
announcing the scheduled commencement and completion dates for the trial burn.
The applicant may not commence the trial burn until after the Agency has issued
such notice.
A) This notice must be mailed
within a reasonable time period before the trial burn. An additional notice is
not required if the trial burn is delayed due to circumstances beyond the
control of the facility or the Agency.
B) This notice must contain the following:
i) The name and telephone number of
applicant's contact person;
ii) The
name and telephone number of the Agency regional office appropriate for the
facility;
iii) The location where
the approved trial burn plan and any supporting documents can be reviewed and
copied; and
iv) An expected time
period for commencement and completion of the trial burn.
4) The applicant must submit to
the Agency a certification that the trial burn has been carried out in
accordance with the approved trial burn plan, and submit the results of all the
determinations required in subsection (c). The Agency must, in the trial burn
plan, require that the submission be made within 90 days after completion of
the trial burn, or later if the Agency determines that a later date is
acceptable.
5) All data collected
during any trial burn must be submitted to the Agency following completion of
the trial burn.
6) All submissions
required by this subsection (d) must be certified on behalf of the applicant by
the signature of a person authorized to sign a permit application or a report
pursuant to 35 Ill. Adm. Code
702.126.
e) Special Procedures for DRE
Trial Burns. When a DRE trial burn is required pursuant to 35 Ill. Adm. Code
726.104, the Agency must specify (based on the hazardous waste analysis data
and other information in the trial burn plan) as trial Principal Organic
Hazardous Constituents (POHCs) those compounds for which destruction and
removal efficiencies must be calculated during the trial burn. These trial
POHCs will be specified by the Agency based on information including the
Agency's estimate of the difficulty of destroying the constituents identified
in the hazardous waste analysis, their concentrations or mass in the hazardous
waste feed, and, for hazardous waste containing or derived from wastes listed
in Subpart D of 35 Ill. Adm. Code 721, the hazardous waste organic constituents
identified in Appendix G to 35 Ill. Adm. Code 721 as the basis for
listing.
f) Determinations Based on
Trial Burn. During each approved trial burn (or as soon after the burn as is
practicable), the applicant must make the following determinations:
1) A quantitative analysis of the levels of
antimony, arsenic, barium, beryllium, cadmium, chromium, lead, mercury,
thallium, silver, and chlorine/chloride in the feed streams (hazardous waste,
other fuels, and industrial furnace feedstocks);
2) When a DRE trial burn is required pursuant
to 35 Ill. Adm. Code
726.204(a),
the following determinations:
A) A
quantitative analysis of the trial POHCs in the hazardous waste feed;
B) A quantitative analysis of the stack gas
for the concentration and mass emissions of the trial POHCs; and
C) A computation of destruction and removal
efficiency (DRE), in accordance with the DRE formula specified in 35 Ill. Adm.
Code
726.204(a);
3) When a trial burn for
chlorinated dioxins and furans is required pursuant to 35 Ill. Adm. Code
726.204(e),
a quantitative analysis of the stack gas for the concentration and mass
emission rate of the 2,3,7,8-chlorinated tetra- through octa-congeners of
chlorinated dibenzo-p-dioxins and furans, and a computation showing conformance
with the emission standard;
4) When
a trial burn for PM, metals, or HCl and chlorine gas is required pursuant to 35
Ill. Adm. Code 726.205, 726.206(c) or (d), or 726.207(b)(2) or (c), a
quantitative analysis of the stack gas for the concentrations and mass
emissions of PM, metals, or HCl and chlorine gas, and computations showing
conformance with the applicable emission performance standards;
5) When a trial burn for DRE, metals, and HCl
and chlorine gas is required pursuant to 35 Ill. Adm. Code
726.204(a),
726.206(c)
or (d), or
726.207(b)(2)
or (c), a quantitative analysis of the
scrubber water (if any), ash residues, other residues, and products for the
purpose of estimating the fate of the trial POHCs, metals, and chlorine and
chloride;
6) An identification of
sources of fugitive emissions and their means of control;
7) A continuous measurement of carbon
monoxide (CO), oxygen, and, where required, hydrocarbons (HC) in the stack gas;
and
8) Such other information as
the Agency specifies as necessary to ensure that the trial burn will determine
compliance with the performance standards 35 Ill. Adm. Code
726.204
through
726.207
and to establish the operating conditions required by 35 Ill. Adm. Code
726.204
through
726.207
and of determining adequate operating conditions pursuant to 35 Ill. Adm. Code
726.203, and to establish the operating conditions required by 35 Ill. Adm.
Code
726.202(e)
as necessary to meet those performance standards.
g) Interim Status Boilers and Industrial
Furnaces. For the purpose of determining feasibility of compliance with the
performance standards of 35 Ill. Adm. Code
726.204
through
726.207
and of determining adequate operating conditions pursuant to 35 Ill. Adm. Code
726.203, an applicant that owns or operates an existing boiler or industrial
furnace that is operated under the interim status standards of 35 Ill. Adm.
Code
726.203
must either prepare and submit a trial burn plan and perform a trial burn in
accordance with this Section or submit other information as specified in
Section
703.208(a)(6).
The Agency must announce its intention to approve of the trial burn plan in
accordance with the timing and distribution requirements of subsection (d)(3).
The contents of the notice must include all of the following information: the
name and telephone number of a contact person at the facility; the name and
telephone number of the Agency regional office appropriate for the facility;
the location where the trial burn plan and any supporting documents can be
reviewed and copied; and a schedule of the activities that are required prior
to permit issuance, including the anticipated time schedule for Agency approval
of the plan, and the time periods during which the trial burn would be
conducted. Applicants that submit a trial burn plan and receive approval before
submission of the Part B permit application must complete the trial burn and
submit the results specified in subsection (f) with the Part B permit
application. If completion of this process conflicts with the date set for
submission of the Part B application, the applicant must contact the Agency to
establish a later date for submission of the Part B application or the trial
burn results. If the applicant submits a trial burn plan with Part B of the
permit application, the trial burn must be conducted and the results submitted
within a time period prior to permit issuance to be specified by the
Agency.
BOARD NOTE: Derived from
40
CFR 270.66 (2017).
