Current through Register Vol. 48, No. 38, September 20, 2024
a) The regulations
of this Subpart H apply to hazardous waste burned or processed in a boiler or
industrial furnace (BIF) (as defined in 35 Ill. Adm. Code
720.110)
irrespective of the purpose of burning or processing, except as provided by
subsections (b), (c), (d), (g), and (h). In this Subpart H, the term "burn"
means burning for energy recovery or destruction or processing for materials
recovery or as an ingredient. The emissions standards of Sections
726.204,
726.205,
726.206,
and
726.207
apply to facilities operating under interim status or under a RCRA permit, as
specified in Sections
726.202
and
726.203.
b) Integration of the MACT Standards
1) Except as provided by subsections(b)(2),
(b)(3), and (b)(4), the standards of this Part do not apply to a new hazardous
waste boiler or industrial furnace unit that becomes subject to RCRA permit
requirements after October 12, 2005; or no longer apply when an owner or
operator of an existing hazardous waste boiler or industrial furnace unit
demonstrates compliance with the maximum achievable control technology (MACT)
requirements of federal 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),
by conducting a comprehensive performance test and submitting to the Agency a
Notification of Compliance, pursuant to
40 CFR
63.1207(j) (What are the
performance testing requirements?) and 63.1210(d) (What are the notification
requirements?), documenting compliance with the requirements of federal subpart
EEE of 40 CFR 63. Nevertheless, even after this demonstration of compliance
with the MACT standards, RCRA permit conditions that were based on the
standards of this Part will continue to be in effect until they are removed
from the permit or the permit is terminated or revoked, unless the permit
expressly provides otherwise.
2)
The following standards continue to apply:
A)
If an owner or operator elects to comply with 35 Ill. Adm. Code
703.320(a)(1)(A)
to minimize emissions of toxic compounds from startup, shutdown, and
malfunction events, Section
726.202(e)(1),
requiring operations in accordance with the operating requirements specified in
the permit at all times that hazardous waste is in the unit, and Section
726.202(e)(2)(C),
requiring compliance with the emission standards and operating requirements,
during startup and shutdown if hazardous waste is in the combustion chamber,
except for particular hazardous wastes. These provisions apply only during
startup, shutdown, and malfunction events;
B) The closure requirements of Sections
726.202(e)(11)
and
726.203(l);
C) The standards for direct transfer of
Section
726.211;
D) The standards for regulation of residues
of Section
726.212;
and
E) The applicable requirements
of Subparts A through H, BB, and CC of 35 Ill. Adm. Code 724 and 725.
3) The owner or operator of a
boiler or hydrochloric acid production furnace that is an area source under
40
CFR 63.2, incorporated by reference in 35
Ill. Adm. Code
720.111(b)
(as 40 CFR 63), that has not elected to comply with the emission standards of
40
CFR 63.1216,
63.1217,
and
63.1218,
incorporated by reference in 35 Ill. Adm. Code
720.111(b)
(as subpart EEE of 40 CFR 63), for particulate matter, semivolatile and low
volatile metals, and total chlorine, also remains subject to the following
requirements of this Part:
A) Section
726.205
(Standards to Control PM);
B)
Section
726.206
(Standards to Control Metals Emissions); and
C) Section
726.207
(Standards to Control HCl and Chlorine Gas Emissions).
4) The particulate matter standard of Section
726.205
remains in effect for a boiler that elects to comply with the alternative to
the particulate matter standard under
40
CFR 63.1216(e) and
63.1217(e),
each incorporated by reference in 35 Ill. Adm. Code
720.111(b)
(as subpart EEE of 40 CFR 63).
BOARD NOTE: Sections 9.1 and 39.5 of the Environmental
Protection Act make the federal MACT standards directly applicable to entities
in Illinois and authorize the Agency to issue permits based on the federal
standards. In adopting this subsection (b), USEPA stated as follows (at 64 Fed
Reg. 52828, 52975 (November 30, 1999)):
Under [the approach adopted by USEPA as a] final rule, MACT
air emissions and related operating requirements are to be included in title V
permits; RCRA permits will continue to be required for all other aspects of the
combustion unit and the facility that are governed by RCRA (e.g., corrective
action, general facility standards, other combustor-specific concerns such as
materials handling, risk-based emissions limits and operating requirements, as
appropriate, and other hazardous waste management units).
c) The following hazardous wastes
and facilities are not subject to regulation pursuant to this Subpart H:
1) Used oil burned for energy recovery that
is also a hazardous waste solely because it exhibits a characteristic of
hazardous waste identified in Subpart C of 35 Ill. Adm. Code 721. Such used oil
is subject to regulation pursuant to 35 Ill. Adm. Code 739, rather than this
Subpart H;
2) Gas recovered from
hazardous or solid waste landfills, when such gas is burned for energy
recovery;
3) Hazardous wastes that
are exempt from regulation pursuant to 35 Ill. Adm. Code
721.104 and
721.106(a)(3)(C)
and (a)(3)(D) and hazardous wastes that are
subject to the special requirements for VSQGs pursuant to 35 Ill. Adm. Code
722.114; and
4) Coke ovens, if the
only hazardous waste burned is USEPA hazardous waste no. K087 decanter tank tar
sludge from coking operations.
d) Owners and operators of smelting, melting,
and refining furnaces (including pyrometallurgical devices, such as cupolas,
sintering machines, roasters, and foundry furnaces, but not including cement
kilns, aggregate kilns, or halogen acid furnaces burning hazardous waste) that
process hazardous waste solely for metal recovery are conditionally exempt from
regulation pursuant to this Subpart H, except for Sections
726.201
and 726.212.
1) To be exempt from Sections
726.202
through 726.211, an owner or operator of a metal recovery furnace or mercury
recovery furnace must comply with the following requirements, except that an
owner or operator of a lead or a nickel-chromium recovery furnace or a metal
recovery furnace that burns baghouse bags used to capture metallic dust emitted
by steel manufacturing must comply with the requirements of subsection (d)(3),
and an owner or operator of a lead recovery furnace that is subject to
regulation under the Secondary Lead Smelting NESHAP of federal subpart X of 40
CFR 63 (National Emission Standards for Hazardous Air Pollutants from Secondary
Lead Smelting) must comply with the requirements of subsection (h):
A) Provide a one-time written notice to the
Agency indicating the following:
i) The owner
or operator claims exemption pursuant to this subsection (d);
ii) The hazardous waste is burned solely for
metal recovery consistent with the provisions of subsection (d)(2);
iii) The hazardous waste contains recoverable
levels of metals; and
iv) The owner
or operator will comply with the sampling and analysis and recordkeeping
requirements of this subsection (d);
B) Sample and analyze the hazardous waste and
other feedstocks as necessary to comply with the requirements of this
subsection (d) by using appropriate methods; and
C) Maintain at the facility for at least
three years records to document compliance with the provisions of this
subsection (d), including limits on levels of toxic organic constituents and
Btu value of the waste and levels of recoverable metals in the hazardous waste
compared to normal non-hazardous waste feedstocks.
2) A hazardous waste meeting either of the
following criteria is not processed solely for metal recovery:
A) The hazardous waste has a total
concentration of organic compounds listed in Appendix H to 35 Ill. Adm. Code
721 exceeding 500 ppm by weight, as fired, and so is considered to be burned
for destruction. The concentration of organic compounds in a waste as-generated
may be reduced to the 500 ppm limit by bona fide treatment that removes or
destroys organic constituents. Blending for dilution to meet the 500 ppm limit
is prohibited, and documentation that the waste has not been impermissibly
diluted must be retained in the records required by subsection (d)(1)(C);
or
B) The hazardous waste has a
heating value of 5,000 Btu/lb or more, as-fired, and is so considered to be
burned as fuel. The heating value of a waste as-generated may be reduced to
below the 5,000 Btu/lb limit by bona fide treatment that removes or destroys
organic constituents. Blending for dilution to meet the 5,000 Btu/lb limit is
prohibited and documentation that the waste has not been impermissibly diluted
must be retained in the records required by subsection (d)(1)(C).
3) To be exempt from Sections
726.202
through 726.211, an owner or operator of a lead, nickel-chromium, or mercury
recovery furnace, except for an owner or operator of a lead recovery furnace
that is subject to regulation pursuant to the Secondary Lead Smelting NESHAP of
subpart X of 40 CFR 63, or a metal recovery furnace that burns baghouse bags
used to capture metallic dusts emitted by steel manufacturing must provide a
one-time written notice to the Agency identifying each hazardous waste burned
and specifying whether the owner or operator claims an exemption for each waste
pursuant to this subsection (d)(3) or subsection (d)(1). The owner or operator
must comply with the requirements of subsection (d)(1) for those wastes claimed
to be exempt pursuant to that subsection and must comply with the following
requirements for those wastes claimed to be exempt pursuant to this subsection
(d)(3):
A) The hazardous wastes listed in
Appendices K, L, and M and baghouse bags used to capture metallic dusts emitted
by steel manufacturing are exempt from the requirements of subsection (d)(1),
provided the following are true:
i) A waste
listed in Appendix K must contain recoverable levels of lead, a waste listed in
Appendix L must contain recoverable levels of nickel or chromium, a waste
listed in Appendix M must contain recoverable levels of mercury and contain
less than 500 ppm of Appendix H to 35 Ill. Adm. Code 721 organic constituents,
and baghouse bags used to capture metallic dusts emitted by steel manufacturing
must contain recoverable levels of metal;
ii) The waste does not exhibit the toxicity
characteristic of 35 Ill. Adm. Code
721.124
for an organic constituent;
iii)
The waste is not a hazardous waste listed in Subpart D of 35 Ill. Adm. Code 721
because it is listed for an organic constituent, as identified in Appendix G of
35 Ill. Adm. Code 721; and
iv) The
owner or operator certifies in the one-time notice that hazardous waste is
burned pursuant to the provisions of subsection (d)(3) and that sampling and
analysis will be conducted or other information will be obtained as necessary
to ensure continued compliance with these requirements. Sampling and analysis
must be conducted according to subsection (d)(1)(B), and records to document
compliance with subsection (d)(3) must be kept for at least three
years.
B) The Agency may
decide, on a case-by-case basis, that the toxic organic constituents in a
material listed in Appendix K, Appendix L, or Appendix M that contains a total
concentration of more than 500 ppm toxic organic compounds listed in Appendix H
of 35 Ill. Adm. Code 721 may pose a hazard to human health and the environment
when burned in a metal recovery furnace exempt from the requirements of this
Subpart H. Under these circumstances, after adequate notice and opportunity for
comment, the metal recovery furnace will become subject to the requirements of
this Subpart H when burning that material. In making the hazard determination,
the Agency must consider the following factors:
i) The concentration and toxicity of organic
constituents in the material;
ii)
The level of destruction of toxic organic constituents provided by the furnace;
and
iii) Whether the acceptable
ambient levels established in Appendix D or E will be exceeded for any toxic
organic compound that may be emitted based on dispersion modeling to predict
the maximum annual average off-site ground level concentration.
e) The
standards for direct transfer operations pursuant to Section
726.211
apply only to facilities subject to the permit standards of Section
726.202
or the interim status standards of Section 726.203.
f) The management standards for residues
pursuant to Section
726.212
apply to any BIF burning hazardous waste.
g) Owners and operators of smelting, melting,
and refining furnaces (including pyrometallurgical devices such as cupolas,
sintering machines, roasters, and foundry furnaces) that process hazardous
waste for recovery of economically significant amounts of the precious metals
gold, silver, platinum, palladium, iridium, osmium, rhodium, ruthenium, or any
combination of these metals are conditionally exempt from regulation pursuant
to this Subpart H, except for Section 726.212. To be exempt from Sections
726.202
through 726.211, an owner or operator must do the following:
1) Provide a one-time written notice to the
Agency indicating the following:
A) The owner
or operator claims exemption pursuant to this Section,
B) The hazardous waste is burned for
legitimate recovery of precious metal, and
C) The owner or operator will comply with the
sampling and analysis and recordkeeping requirements of this Section;
2) Sample and analyze the
hazardous waste, as necessary, to document that the waste is burned for
recovery of economically significant amounts of the metals and that the
treatment recovers economically significant amounts of precious metal;
and
3) Maintain, at the facility
for at least three years, records to document that all hazardous wastes burned
are burned for recovery of economically significant amounts of precious
metal.
h) An owner or
operator of a lead recovery furnace that processes hazardous waste for recovery
of lead and which is subject to regulation pursuant to the Secondary Lead
Smelting NESHAP of subpart X of 40 CFR 63, is conditionally exempt from
regulation pursuant to this Subpart H, except for Section 726.201. To become
exempt, an owner or operator must provide a one-time notice to the Agency
identifying each hazardous waste burned and specifying that the owner or
operator claims an exemption pursuant to this subsection (h). The notice also
must state that the waste burned has a total concentration of non-metal
compounds listed in Appendix H of 35 Ill. Adm. Code 721 of less than 500 ppm by
weight, as fired and as provided in subsection (d)(2)(A), or is listed in
Appendix K.
i) Abbreviations and
Definitions. The following definitions and abbreviations are used in this
Subpart H:
"APCS" means air pollution control system.
"BIF" means boiler or industrial furnace.
"Carcinogenic metals" means arsenic, beryllium, cadmium, and
chromium.
"CO" means carbon monoxide.
"Continuous monitor" is a monitor that continuously samples
the regulated parameter without interruption, that evaluates the detector
response at least once each 15 seconds, and that computes and records the
average value at least every 60 seconds.
BOARD NOTE: Derived from
40
CFR 266.100(e)(6)(i)(B)
(1)(i) and
(e)(6)(ii)(B)(1).
"DRE" means destruction or removal efficiency.
"cu m" or "m3" means cubic
meters.
"E" means "ten to the power". For example, "XE-Y" means "X
times ten to the -Y power".
"Feed rates" are measured as specified in Section
726.202(e)(6).
"Good engineering practice stack height" is as defined by
federal
40
CFR 51.100(ii)
(Definitions), incorporated by reference in 35 Ill. Adm. Code
720.111(b).
"HC" means hydrocarbon.
"HCl" means hydrogen chloride gas.
"Hourly rolling average" means the arithmetic mean of the 60
most recent one-minute average values recorded by the continuous monitoring
system.
BOARD NOTE: Derived from
40
CFR 266.100(e)(6)(i)(B)
(1)(ii).
"K" means Kelvin.
"kVA" means kilovolt amperes.
"MEI" means maximum exposed individual.
"MEI location" means the point with the maximum annual
average off-site (unless on-site is required) ground level
concentration.
"Noncarcinogenic metals" means antimony, barium, lead,
mercury, thallium, and silver.
"One hour block average" means the arithmetic mean of the one
minute averages recorded during the 60-minute period beginning at one minute
after the beginning of the preceding clock hour.
BOARD NOTE: Derived from
40
CFR 266.100(e)(6)(ii)(B)
(2).
"PIC" means product of incomplete combustion.
"PM" means particulate matter.
"POHC" means principal organic hazardous constituent.
"ppmv" means parts per million by volume.
"QA/QC" means quality assurance and quality control.
"Rolling average for the selected averaging period" means the
arithmetic mean of one hour block averages for the averaging period.
BOARD NOTE: Derived from
40
CFR 266.100(e)(6)(ii)(B)
(2).
"RAC" means reference air concentration, the acceptable
ambient level for the noncarcinogenic metals for purposes of this Subpart. RACs
are specified in Appendix D.
"RSD" means risk-specific dose, the acceptable ambient level
for the carcinogenic metals for purposes of this Subpart. RSDs are specified in
Appendix E.
"SSU" means "Saybolt Seconds Universal," a unit of viscosity
measured by ASTM D 88-87 (Standard Test Method for Saybolt Viscosity) or D
2161-87 (Standard Practice for Conversion of Kinematic Viscosity to Saybolt
Universal or to Saybolt Furol Viscosity), each incorporated by reference in 35
Ill. Adm. Code
720.111(a).
"TCLP test" means Method 1311 (Toxicity Characteristic
Leaching Procedure) in "Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods," USEPA publication number EPA-530/SW-846,
incorporated by reference in 35 Ill. Adm. Code
720.111(a),
as used for the purposes of 35 Ill. Adm. Code 721.124.
"TESH" means terrain-adjusted effective stack height (in
meters).
"Tier I". See Section
726.206(b).
"Tier II". See Section
726.206(c).
"Tier III". See Section
726.206(d).
"Toxicity equivalence" is estimated, pursuant to Section
726.204(e),
using section 4.0 (Procedures for Estimating the Toxicity Equivalence of
Chlorinated Dibenzo-p-Dioxin and Dibenzofuran Congeners) in appendix IX to 40
CFR 266 (Methods Manual for Compliance with the BIF Regulations), incorporated
by reference in 35 Ill. Adm. Code
720.111(b)
(see Appendix I).
"µg" means microgram.
