Current through Register Vol. 48, No. 38, September 20, 2024
a) Purpose, Scope, and Applicability
1) General
A) The purpose of this Section is to
establish minimum national standards for owners and operators of "existing"
BIFs that burn hazardous waste where such standards define the acceptable
management of hazardous waste during the period of interim status. The
standards of this Section apply to owners and operators of existing facilities
until either a permit is issued under Section
726.202(d)
or until closure responsibilities identified in this Section are
fulfilled.
B) "Existing" or "in
existence" means a BIF for which the owner or operator filed a certification of
precompliance with USEPA pursuant to federal
40 CFR
266.103(b); provided,
however, that USEPA has not determined that the certification is
invalid.
C) If a BIF is located at
a facility that already has a RCRA permit or interim status, then the owner or
operator must comply with the applicable regulations dealing with permit
modifications in 35 Ill. Adm. Code
703.280
or changes in interim status in 35 Ill. Adm. Code
703.155.
2) Exemptions. The requirements of
this Section do not apply to hazardous waste and facilities exempt under
Section
726.200(b)
or
726.208.
3) Prohibition on Burning Dioxin-Listed
Wastes. The following hazardous waste listed for dioxin and hazardous waste
derived from any of these wastes must not be burned in a BIF operating under
interim status: USEPA hazardous waste numbers F020, F021, F022, F023, F026, and
F027.
4) Applicability of 35 Ill.
Adm. Code 725 Standards. An owner or operator of a BIF that burns hazardous
waste and which is operating under interim status is subject to the following
provisions of 35 Ill. Adm. Code 725, except as provided otherwise by this
Section:
A) In Subpart A of 35 Ill. Adm. Code
725 (General), 35 Ill. Adm. Code
725.104;
B) In Subpart B of 35 Ill. Adm. Code 725
(General facility standards), 35 Ill. Adm. Code
725.111
through
725.117;
C) In Subpart C of 35 Ill. Adm. Code 725
(Preparedness and prevention), 35 Ill. Adm. Code
725.131
through
725.137;
D) In Subpart D of 35 Ill. Adm. Code 725
(Contingency plan and emergency procedures), 35 Ill. Adm. Code
725.151
through
725.156;
E) In Subpart E of 35 Ill. Adm. Code 725
(Manifest system, recordkeeping and reporting), 35 Ill. Adm. Code
725.171
through
725.177,
except that 35 Ill. Adm. Code 725.171, 725.172 and 725.176 do not apply to
owners and operators of on-site facilities that do not receive any hazardous
waste from off-site sources;
F) In
Subpart G of 35 Ill. Adm. Code 725 (Closure and post-closure), 35 Ill. Adm.
Code
725.211
through
725.215;
G) In Subpart H of 35 Ill. Adm. Code 725
(Financial requirements), 35 Ill. Adm. Code
725.241,
725.242,
725.243,
and
725.247
through 725.250, except that the State of Illinois and the federal government
are exempt from the requirements of Subpart H of 35 Ill. Adm. Code 725;
and
H) In Subpart BB of 35 Ill.
Adm. Code 725 (Air emission standards for equipment leaks), except 35 Ill. Adm.
Code
725.950(a).
5) Special Requirements for
Furnaces. The following controls apply during interim status to industrial
furnaces (e.g., kilns, cupolas) that feed hazardous waste for a purpose other
than solely as an ingredient (see subsection (a)(5)(B)) at any location other
than the hot end where products are normally discharged or where fuels are
normally fired:
A) Controls
i) The hazardous waste must be fed at a
location where combustion gas temperature is at least 1800°F;
ii) The owner or operator must determine that
adequate oxygen is present in combustion gases to combust organic constituents
in the waste and retain documentation of such determination in the facility
record;
iii) For cement kiln
systems, the hazardous waste must be fed into the kiln; and
iv) The HC controls of Section
726.204(f)
or subsection (c)(5) apply upon certification of compliance under subsection
(c), irrespective of the CO level achieved during the compliance
test.
B) Burning
Hazardous Waste Solely as an Ingredient. A hazardous waste is burned for a
purpose other than "solely as an ingredient" if it meets either of the
following criteria:
i) The hazardous waste
has a total concentration of nonmetal compounds listed in Appendix H of 35 Ill.
Adm. Code 721, exceeding 500 ppm by weight, as fired and so is considered to be
burned for destruction. The concentration of nonmetal compounds in a waste
as-generated may be reduced to the 500 ppm limit by bona fide treatment that
removes or destroys nonmetal 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 facility record; or
ii) The hazardous waste has a heating value
of 5,000 Btu/lb or more, as fired, and so is 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. 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 to augment the heating value to meet the 5,000 Btu/lb
limit is prohibited and documentation that the waste has not been impermissibly
blended must be retained in the facility record.
6) Restrictions on Burning
Hazardous Waste That Is Not a Fuel. Prior to certification of compliance under
subsection (c), an owner or operator must not feed hazardous waste that has a
heating value less than 5000 Btu/lb, as generated, (except that the heating
value of a waste as-generated may be increased to above the 5,000 Btu/lb limit
by bona fide treatment; however blending to augment the heating value to meet
the 5,000 Btu/lb limit is prohibited and records must be kept to document that
impermissible blending has not occurred) in a BIF, except that the following
may occur:
A) Hazardous waste may be burned
solely as an ingredient;
B)
Hazardous waste may be burned for purposes of compliance testing (or testing
prior to compliance testing) for a total period of time not to exceed 720
hours;
C) Such waste may be burned
if the Agency has documentation to show that the following was true prior to
August 21, 1991:
i) The BIF was operating
under the interim status standards for incinerators or thermal treatment units,
Subparts O or P of 35 Ill. Adm. Code 725;
ii) The BIF met the interim status
eligibility requirements under 35 Ill. Adm. Code
703.153
for Subparts O or P of 35 Ill. Adm. Code 725; and
iii) Hazardous waste with a heating value
less than 5,000 Btu/lb was burned prior to that date; or
D) Such waste may be burned in a halogen acid
furnace if the waste was burned as an excluded ingredient under 35 Ill. Adm.
Code
721.102(e)
prior to February 21, 1991, and documentation is kept on file supporting this
claim.
7) Direct
Transfer to the Burner. If hazardous waste is directly transferred from a
transport vehicle to a BIF without the use of a storage unit, the owner or
operator must comply with Section
726.211.
b) Certification of Precompliance.
This subsection (b) corresponds with
40 CFR
266.103(b), under which
USEPA required certain owners and operators to file a certification of
precompliance by August 21, 1991. No similar filing with the Agency was
required, so the Board did not incorporate the federal filing requirement into
the Illinois regulations. This statement maintains structural parity with the
federal regulations.
c)
Certification of Compliance. The owner or operator must conduct emissions
testing to document compliance with the emissions standards of Sections
726.204(b)
through (e),
726.205,
726.206,
and
726.207
and subsection (a)(5)(A)(iv) under the procedures prescribed by this subsection
(c). Based on the compliance test, the owner or operator must submit to the
Agency a complete and accurate "certification of compliance" (under subsection
(c)(4)) with those emission standards establishing limits on the operating
parameters specified in subsection (c)(1).
1)
Limits on Operating Conditions. The owner or operator must establish limits on
the following parameters based on operations during the compliance test (under
procedures prescribed in subsection (c)(4)(D)) or as otherwise specified and
include these limits with the certification of compliance. The BIF must be
operated in accordance with these operating limits and the applicable emissions
standards of Sections
726.204(b)
through (e), 726.205, 726.206, and 726.207
and subsection (a)(5)(A)(iv) at all times when there is hazardous waste in the
unit.
A) Feed rate of total hazardous waste
and (unless complying the Tier I or adjusted Tier I metals feed rate screening
limits under Section
726.206(b)
or (e)) , pumpable hazardous waste;
B) Feed rate of each metal in the following
feedstreams:
i) Total feedstreams, except
that industrial furnaces which must comply with the alternative metals
implementation approach under subsection (c)(3)(B) must specify limits on the
concentration of each metal in collected PM in lieu of feed rate limits for
total feedstreams; and facilities that comply with Tier I or Adjusted Tier I
metals feed rate screening limits may set their operating limits at the metal
feed rate screening limits determined under Section
726.206(b)
or (e);
BOARD NOTE: Federal subsections 266.103(c)(1)(ii)(A)
(1) and (c)(1)(ii)(A)(2) are condensed into subsection
(c)(1)(B)(i).
ii) Total
hazardous waste feed (unless complying with the Tier I or adjusted Tier I
metals feed rate screening limits under Section
726.206(b)
or (e)); and
iii) Total pumpable hazardous waste feed
(unless complying with Tier I or Adjusted Tier I metals feed rate screening
limits under Section
726.206(b)
or (e));
C) Total feed rate of total chlorine and
chloride in total feed streams, except that facilities that comply with Tier I
or Adjusted Tier I feed rate screening limits may set their operating limits at
the total chlorine and chloride feed rate screening limits determined under
Section
726.207(b)(1)
or (e);
D) Total feed rate of ash in total feed
streams, except that the ash feed rate for cement kilns and light-weight
aggregate kilns is not limited;
E)
CO Concentration, and Where Required, HC Concentration in Stack Gas. When
complying with the CO controls of Section
726.204(b),
the CO limit is 100 ppmv, and when complying with the HC controls of Section
726.204(c),
the HC limit is 20 ppmv. When complying with the CO controls of Section
726.204(c),
the CO limit is established based on the compliance test;
F) Maximum production rate of the device in
appropriate units when producing normal product unless complying with Tier I or
Adjusted Tier I feed rate screening limits for chlorine under Section
726.207(b)(1)
or (e) and for all metals under Section
726.206(b)
or (e), and the uncontrolled particulate
emissions do not exceed the standard under Section 726.205;
G) Maximum combustion chamber temperature
where the temperature measurement is as close to the combustion zone as
possible and is upstream of any quench water injection, (unless complying with
the Tier I adjusted Tier I metals feed rate screening limits under Section
726.206(b)
or (e));
H) Maximum flue gas temperature entering a PM
control device (unless complying with Tier I or adjusted Tier I metals feed
rate screening limits under Section
726.206(b)
or (e) and the total chlorine and chloride
feed rate screening limits under Section
726.207(b)
or (e));
I) For systems using wet scrubbers, including
wet ionizing scrubbers (unless complying with the Tier I or adjusted Tier I
metals feed rate screening limits under Section
726.206(b)
or (e) and the total chlorine and chloride
feed rate screening limits under Section
726.207(b)(1)
or (e)) :
i) Minimum liquid to flue gas
ratio;
ii) Minimum scrubber
blowdown from the system or maximum suspended solids content of scrubber water;
and
iii) Minimum pH level of the
scrubber water;
J) For
systems using venturi scrubbers, the minimum differential gas pressure across
the venturi (unless complying the Tier I or adjusted Tier I metals feed rate
screening limits under Section
726.206(b)
or (e) and the total chlorine and chloride
feed rate screening limits under Section
726.207(b)(1)
or (e));
K) For systems using dry scrubbers (unless
complying with the Tier I or adjusted Tier I metals feed rate screening limits
under Section
726.206(b)
or (e) and the total chlorine and chloride
feed rate screening limits under Section
726.207(b)(1)
or (e)) :
i) Minimum caustic feed rate; and
ii) Maximum flue gas flow rate;
L) For systems using wet ionizing
scrubbers or electrostatic precipitators (unless complying with the Tier I or
adjusted Tier I metals feed rate screening limits under Section
726.206(b)
or (e) and the total chlorine and chloride
feed rate screening limits under Section
726.207(b)(1)
or (e)) :
i) Minimum electrical power in kVA to the
precipitator plates; and
ii)
Maximum flue gas flow rate;
M) For systems using fabric filters
(baghouses), the minimum pressure drop (unless complying with the Tier I or
adjusted Tier I metals feed rate screening limits under Section
726.206(b)
or (e) and the total chlorine and chloride
feed rate screening limits under Section
726.207(b)(1)
or (e)) .
2) Prior Notice of Compliance Testing. At
least 30 days prior to the compliance testing required by subsection (c)(3),
the owner or operator must notify the Agency and submit the following
information:
A) General facility information
including:
i) USEPA facility ID
number;
ii) Facility name, contact
person, telephone number, and address;
iii) Person responsible for conducting
compliance test, including company name, address, and telephone number, and a
statement of qualifications;
iv)
Planned date of the compliance test;
B) Specific information on each device to be
tested, including the following:
i) A
Description of BIF;
ii) A scaled
plot plan showing the entire facility and location of the BIF;
iii) A description of the APCS;
iv) Identification of the continuous emission
monitors that are installed, including the following: CO monitor; Oxygen
monitor; HC monitor, specifying the minimum temperature of the system, and, if
the temperature is less than 150 °C, an explanation of why a heated system
is not used (see subsection (c)(5)) and a brief description of the sample gas
conditioning system;
BOARD NOTE: The Board has combined the text of
40 CFR
266.103(c)(2)(ii)(D)
(1) through (c)(2)(ii)(D)(3) into this
subsection (c)(2)(B)(iv) to comport with Illinois Administrative Code
codification requirements.
v) Indication of whether the stack is shared
with another device that will be in operation during the compliance test;
and
vi) Other information useful to
an understanding of the system design or operation; and
C) Information on the testing planned,
including a complete copy of the test protocol and QA/QC plan, and a summary
description for each test providing the following information at a minimum:
i) Purpose of the test (e.g., demonstrate
compliance with emissions of PM); and
ii) Planned operating conditions, including
levels for each pertinent parameter specified in subsection (c)(1).
3) Compliance Testing
A) General. Compliance testing must be
conducted under conditions for which the owner or operator has submitted a
certification of precompliance under subsection (b) and under conditions
established in the notification of compliance testing required by subsection
(c)(2). The owner or operator may seek approval on a case-by-case basis to use
compliance test data from one unit in lieu of testing a similar on-site unit.
To support the request, the owner or operator must provide a comparison of the
hazardous waste burned and other feedstreams, and the design, operation, and
maintenance of both the tested unit and the similar unit. The Agency must
provide a written approval to use compliance test data in lieu of testing a
similar unit if the Agency finds that the hazardous wastes, devices and the
operating conditions are sufficiently similar, and the data from the other
compliance test is adequate to meet the requirements of this subsection
(c).
B) Special Requirements for
Industrial Furnaces that Recycle Collected PM. Owners and operators of
industrial furnaces that recycle back into the furnace PM from the APCS must
comply with one of the following procedures for testing to determine compliance
with the metals standards of Section
726.206(c)
or (d):
i)
The special testing requirements prescribed in "Alternative Method for
Implementing Metals Controls" in Appendix I;
ii) Stack emissions testing for a minimum of
six hours each day while hazardous waste is burned during interim status. The
testing must be conducted when burning normal hazardous waste for that day at
normal feed rates for that day and when the APCS is operated under normal
conditions. During interim status, hazardous waste analysis for metals content
must be sufficient for the owner or operator to determine if changes in metals
content affect the ability of the unit to meet the metals emissions standards
established under Section
726.206(c)
or (d). Under this option, operating limits
(under subsection (c)(1)) must be established during compliance testing under
this subsection (c)(3) only on the following parameters: feed rate of total
hazardous waste; total feed rate of total chlorine and chloride in total feed
streams; total feed rate of ash in total feed streams, except that the ash feed
rate for cement kilns and light-weight aggregate kilns is not limited; CO
concentration, and where required, HC concentration in stack gas; and maximum
production rate of the device in appropriate units when producing normal
product; or
BOARD NOTE: The Board has combined the text of
40 CFR
266.103(c)(3)(ii)(B)
(1) through (c)(3)(ii)(B)(5) into this
subsection (c)(3)(B)(ii) to comport with Illinois Administrative Code
codification requirements.
iii) Conduct compliance testing to determine
compliance with the metals standards to establish limits on the operating
parameters of subsection (c)(1) only after the kiln system has been conditioned
to enable it to reach equilibrium with respect to metals fed into the system
and metals emissions. During conditioning, hazardous waste and raw materials
having the same metals content as will be fed during the compliance test must
be fed at the feed rates that will be fed during the compliance test.
C) Conduct of Compliance Testing
i) If compliance with all applicable
emissions standards of Sections
726.204
through
726.207
is not demonstrated simultaneously during a set of test runs, the operating
conditions of additional test runs required to demonstrate compliance with
remaining emissions standards must be as close as possible to the original
operating conditions.
ii) Prior to
obtaining test data for purposes of demonstrating compliance with the
applicable emissions standards of Sections
726.204
through
726.207
or establishing limits on operating parameters under this Section, the facility
must operate under compliance test conditions for a sufficient period to reach
steady-state operations. Industrial furnaces that recycle collected PM back
into the furnace and that comply with subsection (c)(3)(B)(i) or (c)(3)(B)(ii),
however, need not reach steady state conditions with respect to the flow of
metals in the system prior to beginning compliance testing for
metals.
iii) Compliance test data
on the level of an operating parameter for which a limit must be established in
the certification of compliance must be obtained during emissions sampling for
the pollutants (i.e., metals, PM, HCl/chlorine gas, organic compounds) for
which the parameter must be established as specified by subsection
(c)(1).
4)
Certification of Compliance. Within 90 days of completing compliance testing,
the owner or operator must certify to the Agency compliance with the emissions
standards of Sections
726.204(b),
(c) and (e); 726.205; 726.206; 726.207; and
subsection (a)(5)(A)(iv). The certification of compliance must include the
following information:
A) General facility
and testing information, including the following:
i) USEPA facility ID number;
ii) Facility name, contact person, telephone
number, and address;
iii) Person
responsible for conducting compliance testing, including company name, address,
and telephone number, and a statement of qualifications;
iv) Dates of each compliance test;
v) Description of BIF tested;
vi) Person responsible for QA/QC, title and
telephone number, and statement that procedures prescribed in the QA/QC plan
submitted under Section 726.203(c)(2)(C) have been followed, or a description
of any changes and an explanation of why changes were necessary;
vii) Description of any changes in the unit
configuration prior to or during testing that would alter any of the
information submitted in the prior notice of compliance testing under
subsection (c)(2) and an explanation of why the changes were
necessary;
viii) Description of any
changes in the planned test conditions prior to or during the testing that
alter any of the information submitted in the prior notice of compliance
testing under subsection (c)(2) and an explanation of why the changes were
necessary; and
ix) The complete
report on results of emissions testing.
B) Specific information on each test,
including the following:
i) Purposes of test
(e.g., demonstrate conformance with the emissions limits for PM, metals, HCl,
chlorine gas, and CO);
ii) Summary
of test results for each run and for each test including the following
information: date of run; duration of run; time-weighted average and highest
hourly rolling average CO level for each run and for the test; highest hourly
rolling average HC level, if HC monitoring is required for each run and for the
test; if dioxin and furan testing is required under Section
726.204(e),
time-weighted average emissions for each run and for the test of chlorinated
dioxin and furan emissions, and the predicted maximum annual average ground
level concentration of the toxicity equivalency factor (defined in Section
726.200(i)
); time-weighted average PM emissions for each run and for the test;
time-weighted average HCl and chlorine gas emissions for each run and for the
test; time-weighted average emissions for the metals subject to regulation
under Section
726.206
for each run and for the test; and QA/QC results.
BOARD NOTE: The Board has combined the text of
40 CFR
266.103(c)(4)(ii)(B)
(1) through (c)(4)(ii)(B)(9) into this
subsection (c)(4)(B)(ii) to comport with Illinois Administrative Code
codification requirements.
C) Comparison of the actual emissions during
each test with the emissions limits prescribed by Sections
726.204(b),
(c), and (e); 726.205; 726.206; and
726.207
and established for the facility in the certification of precompliance under
subsection (b).
D) Determination of
operating limits based on all valid runs of the compliance test for each
applicable parameter listed in subsection (c)(1) using one of the following
procedures:
i) Instantaneous limits. A
parameter must be measured and recorded on an instantaneous basis (i.e., the
value that occurs at any time) and the operating limit specified as the
time-weighted average during all runs of the compliance test.
ii) Hourly rolling average basis. The limit
for a parameter must be established and continuously monitored on an hourly
rolling average basis, as defined in Section
726.200(i).
The operating limit for the parameter must be established based on compliance
test data as the average over all test runs of the highest hourly rolling
average value for each run.
BOARD NOTE: The Board has combined the text of
40 CFR
266.103(c)(4)(iv)(B)
(1) and (c)(4)(iv)(B)(2) into this subsection
(c)(4)(D)(ii) and moved the text of
40 CFR
266.103(c)(4)(iv)(B)
(1)(i) and
(c)(4)(iv)(B)(1)(ii) to appear as definitions
in Section
726.200(i)
to comport with Illinois Administrative Code codification requirements.
iii) Rolling average limits for
carcinogenic metals (as defined in Section
726.200(i)
) and lead. Feed rate limits for the carcinogenic metals and lead must be
established either on an hourly rolling average basis as prescribed by
subsection (c)(4)(D)(ii) or on (up to) a 24 hour rolling average basis. If the
owner or operator elects to use an averaging period from two to 24 hours the
following must occur: the feed rate of each metal must be limited at any time
to ten times the feed rate that would be allowed on a hourly rolling average
basis; the operating limit for the feed rate of each metal must be established
based on compliance test data as the average over all test runs of the highest
hourly rolling average feed rate for each run; and the continuous monitor and
the rolling average for the selected averaging period are as defined in Section
726.200(i).
BOARD NOTE: The Board has combined the text of
40 CFR
266.103(c)(4)(iv)(C)
(1) through (c)(4)(iv)(C)(3) into subsection
(c)(4)(D)(iii) and moved the text of
40 CFR
266.103(c)(4)(iv)(C)
(2)(i) and
(c)(4)(iv)(C)(2)(ii) to appear as definitions
in Section
726.200(i)
to comport with Illinois Administrative Code codification requirements.
iv) Feed rate limits for metals,
total chlorine and chloride, and ash. Feed rate limits for metals, total
chlorine and chloride, and ash are established and monitored by knowing the
concentration of the substance (i.e., metals, chloride/chlorine, and ash) in
each feedstream and the flow rate of the feedstream. To monitor the feed rate
of these substances, the flow rate of each feedstream must be monitored under
the continuous monitoring requirements of subsections (c)(4)(D)(i) through
(c)(4)(D)(iii).
E)
Certification of Compliance Statement. The following statement must accompany
the certification of compliance:
"I certify under penalty of law that this information was
prepared under my direction or supervision in accordance with a system designed
to ensure that qualified personnel properly gathered and evaluated the
information and supporting documentation. Copies of all emissions tests,
dispersion modeling results, and other information used to determine
conformance with the requirements of 35 Ill. Adm. Code 726.203(c) are available
at the facility and can be obtained from the facility contact person listed
above. Based on my inquiry of the person or persons who manage the facility, or
those persons directly responsible for gathering the information, the
information submitted is, to the best of my knowledge and belief, true,
accurate, and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fine and
imprisonment for knowing violations.
I also acknowledge that the operating limits established
pursuant to 35 Ill. Adm. Code 726.203(c)(4)(D) are enforceable limits at which
the facility can legally operate during interim status until a revised
certification of compliance is submitted."
5) Special Requirements for HC Monitoring
Systems. When an owner or operator is required to comply with the HC controls
provided by Section
726.204(c)
or subsection (a)(5)(A)(iv), a conditioned gas monitoring system may be used in
conformance with specifications provided in Appendix I provided that the owner
or operator submits a certification of compliance without using extensions of
time provided by subsection (c)(7).
6) Special Operating Requirements for
Industrial Furnaces that Recycle Collected PM. Owners and operators of
industrial furnaces that recycle back into the furnace PM from the APCS must do
the following:
A) When complying with the
requirements of subsection (c)(3)(B)(i), comply with the operating requirements
prescribed in "Alternative Method to Implement the Metals Controls" in Appendix
I; and
B) When complying with the
requirements of subsection (c)(3)(B)(ii), comply with the operating
requirements prescribed by that subsection.
7) An owner or operator that did not submit a
complete certification of compliance for all of the applicable emissions
standards of Sections 726.204, 726.205, 726.206, and 726.207 by August 21, 1992
must stop burning hazardous waste and begin closure activities under subsection
(l) for the hazardous waste portion of the facility.
8) Revised Certification of Compliance. The
owner or operator may submit at any time a revised certification of compliance
(recertification of compliance) under the following procedures:
A) Prior to submittal of a revised
certification of compliance, hazardous waste must not be burned for more than a
total of 720 hours under operating conditions that exceed those established
under a current certification of compliance, and such burning must be conducted
only for purposes of determining whether the facility can operate under revised
conditions and continue to meet the applicable emissions standards of Sections
726.204, 726.205, 726.206, and 726.207;
B) At least 30 days prior to first burning
hazardous waste under operating conditions that exceed those established under
a current certification of compliance, the owner or operator must notify the
Agency and submit the following information:
i) USEPA facility ID number, and facility
name, contact person, telephone number, and address;
ii) Operating conditions that the owner or
operator is seeking to revise and description of the changes in facility design
or operation that prompted the need to seek to revise the operating
conditions;
iii) A determination
that, when operating under the revised operating conditions, the applicable
emissions standards of Sections 726.204, 726.205, 726.206, and 726.207 are not
likely to be exceeded. To document this determination, the owner or operator
must submit the applicable information required under subsection (b)(2);
and
iv) Complete emissions testing
protocol for any pretesting and for a new compliance test to determine
compliance with the applicable emissions standards of Sections 726.204,
726.205, 726.206, and 726.207 when operating under revised operating
conditions. The protocol must include a schedule of pre-testing and compliance
testing. If the owner or operator revises the scheduled date for the compliance
test, the owner or operator must notify the Agency in writing at least 30 days
prior to the revised date of the compliance test;
C) Conduct a compliance test under the
revised operating conditions and the protocol submitted to the Agency to
determine compliance with the applicable emissions standards of Sections
726.204, 726.205, 726.206, and 726.207; and
D) Submit a revised certification of
compliance under subsection (c)(4).
d) Periodic Recertifications. The owner or
operator must conduct compliance testing and submit to the Agency a
recertification of compliance under provisions of subsection (c) within five
years from submitting the previous certification or recertification. If the
owner or operator seeks to recertify compliance under new operating conditions,
the owner or operator must comply with the requirements of subsection
(c)(8).
e) Noncompliance with
Certification Schedule. If the owner or operator does not comply with the
interim status compliance schedule provided by subsections (b), (c), and (d),
hazardous waste burning must terminate on the date that the deadline is missed,
closure activities must begin under subsection (l), and hazardous waste burning
must not resume except under an operating permit issued under 35 Ill. Adm. Code
703.232.
For purposes of compliance with the closure provisions of subsection (l) and 35
Ill. Adm. Code
725.212(d)(2)
and
725.213,
the BIF has received "the known final volume of hazardous waste" on the date
the deadline is missed.
f) Start-Up
and Shut-Down. Hazardous waste (except waste fed solely as an ingredient under
the Tier I (or adjusted Tier I) feed rate screening limits for metals and
chloride/chlorine) must not be fed into the device during start-up and
shut-down of the BIF, unless the device is operating within the conditions of
operation specified in the certification of compliance.
g) Automatic Waste Feed Cutoff. During the
compliance test required by subsection (c)(3) and upon certification of
compliance under subsection (c), a BIF must be operated with a functioning
system that automatically cuts off the hazardous waste feed when the applicable
operating conditions specified in subsections (c)(1)(A) and (c)(1)(E) through
(c)(1)(M) deviate from those established in the certification of compliance. In
addition, the following must occur:
1) To
minimize emissions of organic compounds, the minimum combustion chamber
temperature (or the indicator of combustion chamber temperature) that occurred
during the compliance test must be maintained while hazardous waste or
hazardous waste residues remain in the combustion chamber, with the minimum
temperature during the compliance test defined as either of the following:
A) If compliance with the combustion chamber
temperature limit is based on an hourly rolling average, the minimum
temperature during the compliance test is considered to be the average over all
runs of the lowest hourly rolling average for each run; or
B) If compliance with the combustion chamber
temperature limit is based on an instantaneous temperature measurement, the
minimum temperature during the compliance test is considered to be the
time-weighted average temperature during all runs of the test; and
2) Operating parameters limited by
the certification of compliance must continue to be monitored during the
cutoff, and the hazardous waste feed must not be restarted until the levels of
those parameters comply with the limits established in the certification of
compliance.
h) Fugitive
Emissions. Fugitive emissions must be controlled as follows:
1) By keeping the combustion zone totally
sealed against fugitive emissions; or
2) By maintaining the combustion zone
pressure lower than atmospheric pressure; or
3) By an alternative means of control that
the owner or operator demonstrates provides fugitive emissions control
equivalent to maintenance of combustion zone pressure lower than atmospheric
pressure. Support for such demonstration must be included in the operating
record.
i) Changes. A
BIF must cease burning hazardous waste when combustion properties, or feed
rates of the hazardous waste, other fuels or industrial furnace feedstocks, or
the BIF design or operating conditions deviate from the limits specified in the
certification of compliance.
j)
Monitoring and Inspections
1) The owner or
operator must monitor and record the following, at a minimum, while burning
hazardous waste:
A) Feed rates and
composition of hazardous waste, other fuels, and industrial furnace feed stocks
and feed rates of ash, metals, and total chlorine and chloride as necessary to
ensure conformance with the certification of precompliance or certification of
compliance;
B) CO, oxygen, and, if
applicable, HC on a continuous basis at a common point in the BIF downstream of
the combustion zone and prior to release of stack gases to the atmosphere in
accordance with the operating limits specified in the certification of
compliance. CO, HC, and oxygen monitors must be installed, operated, and
maintained in accordance with methods specified in Appendix I; and
C) Upon the request of the Agency, sampling
and analysis of the hazardous waste (and other fuels and industrial furnace
feed stocks as appropriate) and the stack gas emissions must be conducted to
verify that the operating conditions established in the certification of
precompliance or certification of compliance achieve the applicable standards
of Sections 726.204, 726.205, 726.206, and 726.207.
2) The BIF and associated equipment (pumps,
valves, pipes, fuel storage tanks, etc.) must be subjected to thorough visual
inspection when they contain hazardous waste, at least daily for leaks, spills,
fugitive emissions, and signs of tampering.
3) The automatic hazardous waste feed cutoff
system and associated alarms must be tested at least once every seven days when
hazardous waste is burned to verify operability, unless the owner or operator
can demonstrate that weekly inspections will unduly restrict or upset
operations and that less frequent inspections will be adequate. Support for
such demonstration must be included in the operating record. At a minimum,
operational testing must be conducted at least once every 30 days.
4) These monitoring and inspection data must
be recorded and the records must be placed in the operating log.
k) Recordkeeping. The owner or
operator must keep in the operating record of the facility all information and
data required by this Section for five years.
l) Closure. At closure, the owner or operator
must remove all hazardous waste and hazardous waste residues (including, but
not limited to, ash, scrubber waters and scrubber sludges) from the BIF and
must comply with 35 Ill. Adm. Code
725.211
through 725.215.