Current through Register Vol. 48, No. 38, September 20, 2024
a) General. The owner or operator must comply
with the metals standards provided by subsections (b), (c), (d), (e), or (f)
for each metal listed in subsection (b) that is present in the hazardous waste
at detectable levels using 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.
b) Tier I Feed Rate Screening
Limits. Feed rate screening limits for metals are specified in Appendix A as a
function of terrain-adjusted effective stack height (TESH) and terrain and land
use in the vicinity of the facility. Criteria for facilities that are not
eligible to comply with the screening limits are provided in subsection (b)(7).
1) Noncarcinogenic Metals. The feed rates of
the noncarcinogenic metals in all feed streams, including hazardous waste,
fuels, and industrial furnace feed stocks must not exceed the screening limits
specified in Appendix A.
A) The feed rate
screening limits for antimony, barium, mercury, thallium, and silver are based
on either of the following:
i) An hourly
rolling average, as defined in Sections
726.200(g)
and
726.202(e)(6)(A)(ii);
or
ii) An instantaneous limit not
to be exceeded at any time.
B) The feed rate screening limit for lead is
based on one of the following:
i) An hourly
rolling average, as defined in Sections
726.200(g)
and
726.202(e)(6)(A)(ii);
ii) An averaging period of 2 to 24 hours, as
defined in Section
726.202(e)(6)(B)
with an instantaneous feed rate limit not to exceed 10 times the feed rate that
would be allowed on an hourly rolling average basis; or
iii) An instantaneous limit not to be
exceeded at any time.
2) Carcinogenic Metals
A) The feed rates of carcinogenic metals in
all feed streams, including hazardous waste, fuels, and industrial furnace feed
stocks must not exceed values derived from the screening limits specified in
Appendix A. The feed rate of each of these metals is limited to a level such
that the sum of the ratios of the actual feed rate to the feed rate screening
limit specified in Appendix A must not exceed 1.0, as provided by the following
equation:
Click
here to view image
Where:
|
[SIGMA]
Ai/Fi
|
=
|
the sum of the values of A/F for each metal "i", from
i = 1 to n
|
|
n
|
=
|
number of carcinogenic metals
|
|
Ai
|
=
|
the actual feed rate to the device for metal
"i"
|
|
Fi
|
=
|
the feed rate screening limit provided by Appendix A
for metal "i"
|
B)
The feed rate screening limits for the carcinogenic metals are based on either:
i) An hourly rolling average; or
ii) An averaging period of two to 24 hours,
as defined in Section
726.202(e)(6)(B),
with an instantaneous feed rate limit not to exceed 10 times the feed rate that
would be allowed on an hourly rolling average basis.
3) TESH (Terrain Adjusted
Effective Stack Height)
A) The TESH is
determined according to the following equation:
TESH = H + P - T
Where:
|
H
|
=
|
Actual physical stack height (m)
|
|
P
|
=
|
Plume rise (in m) as determined from Appendix F as a
function of stack flow rate and stack gas exhaust temperature
|
|
T
|
=
|
Terrain rise (in m) within five kilometers of the
stack
|
B)
The stack height (H) must not exceed good engineering practice stack height, as
defined in Section
726.200(i).
C) If the TESH calculated pursuant to
subsection (b)(3)(A) is not listed in Appendices A through C, the values for
the nearest lower TESH listed in the table must be used. If the TESH is four
meters or less, a value based on four meters must be used.
4) Terrain Type. The screening limits are a
function of whether the facility is located in noncomplex or complex terrain. A
device located where any part of the surrounding terrain within five kilometers
of the stack equals or exceeds the elevation of the physical stack height (H)
is considered to be in complex terrain and the screening limits for complex
terrain apply. Terrain measurements are to be made from U.S. Geological Survey
7.5 -minute topographic maps of the area surrounding the facility.
5) Land Use. The screening limits are a
function of whether the facility is located in an area where the land use is
urban or rural. To determine whether land use in the vicinity of the facility
is urban or rural, procedures provided in Appendix I or J must be
used.
6) Multiple Stacks. An owner
or operator of a facility with more than one on-site stack from a BIF,
incinerator, or other thermal treatment unit subject to controls of metals
emissions under a RCRA permit or interim status controls must comply with the
screening limits for all such units assuming all hazardous waste is fed into
the device with the worst-case stack based on dispersion characteristics. The
stack with the lowest value of K is the worst-case stack. K is determined from
the following equation as applied to each stack:
K = H x V x T
Where:
|
K
|
=
|
a parameter accounting for relative influence of
stack height and plume rise
|
|
H
|
=
|
physical stack height (meters)
|
|
V
|
=
|
stack gas flow rate
(m3/sec (cubic meters per second)
|
|
T
|
=
|
exhaust temperature (degrees K)
|
7)
Criteria for Facilities Not Eligible for Screening Limits. If any criteria
below are met, the Tier I (and Tier II) screening limits do not apply. Owners
and operators of such facilities must comply with either the Tier III standards
provided by subsection (d) or with the adjusted Tier I feed rate screening
limits provided by subsection (e).
A) The
device is located in a narrow valley less than one kilometer wide;
B) The device has a stack taller than 20
meters and is located such that the terrain rises to the physical height within
one kilometer of the facility;
C)
The device has a stack taller than 20 meters and is located within five
kilometers of a shoreline of a large body of water such as an ocean or large
lake; or
D) The physical stack
height of any stack is less than 2.5 times the height of any building within
five building heights or five projected building widths of the stack and the
distance from the stack to the closest boundary is within five building heights
or five projected building widths of the associated building.
8) Implementation. The feed rate
of metals in each feedstream must be monitored to ensure that the feed rate
screening limits are not exceeded.
c) Tier II Emission Rate Screening Limits.
Emission rate screening limits are specified in Appendix A as a function of
TESH and terrain and land use in the vicinity of the facility. Criteria for
facilities that are not eligible to comply with the screening limits are
provided in subsection (b)(7).
1)
Noncarcinogenic metals. The emission rates of noncarcinogenic metals must not
exceed the screening limits specified in Appendix A.
2) Carcinogenic metals. The emission rates of
carcinogenic metals must not exceed values derived from the screening limits
specified in Appendix A. The emission rate of each of these metals is limited
to a level such that the sum of the ratios of the actual emission rate to the
emission rate screening limit specified in Appendix A must not exceed 1.0, as
provided by the following equation:
Click
here to view image
Where:
|
[SIGMA]
Ai/Ei
|
=
|
the sum of the values of A/E for each metal "i", from
i = 1 to n
|
|
n
|
=
|
number of carcinogenic metals
|
|
Ai
|
=
|
the actual emission rate to the device for metal
"i"
|
|
Ei
|
=
|
the emission rate screening limit provided by
Appendix A for metal "i"
|
3)
Implementation. The emission rate limits must be implemented by limiting feed
rates of the individual metals to levels during the trial burn (for new
facilities or an interim status facility applying for a permit) or the
compliance test (for interim status facilities). The feed rate averaging
periods are the same as provided by subsections (b)(1)(A), (b)(1)(B), and
(b)(2)(B). The feed rate of metals in each feedstream must be monitored to
ensure that the feed rate limits for the feedstreams specified under Sections
726.202
or
726.203
are not exceeded.
4) Definitions
and limitations. The definitions and limitations provided by subsection (b) and
Section
726.200(g)
for the following terms also apply to the Tier II emission rate screening
limits provided by this subsection (c): TESH, good engineering practice stack
height, terrain type, land use, and criteria for facilities not eligible to use
the screening limits.
5) Multiple
Stacks
A) An owner or operator of a facility
with more than one on-site stack from a BIF, incinerator, or other thermal
treatment unit subject to controls on metals emissions under a RCRA permit or
interim status controls must comply with the emissions screening limits for any
such stacks assuming all hazardous waste is fed into the device with the
worst-case stack based on dispersion characteristics.
B) The worst-case stack is determined by
procedures provided in subsection (b)(6).
C) For each metal, the total emissions of the
metal from those stacks must not exceed the screening limit for the worst-case
stack.
d)
Tier III site-specific risk assessment. The requirements of this subsection (d)
apply to facilities complying with either the Tier III or Adjusted Tier I
except where specified otherwise.
1) General.
Conformance with the Tier III metals controls must be demonstrated by emissions
testing to determine the emission rate for each metal. In addition, conformance
with either Tier III or Adjusted Tier I metals controls must be demonstrated by
air dispersion modeling to predict the maximum annual average off-site ground
level concentration for each metal and a demonstration that acceptable ambient
levels are not exceeded.
2)
Acceptable Ambient Levels. Appendices D and E list the acceptable ambient
levels for purposes of this Subpart H. Reference air concentrations (RACs) are
listed for the noncarcinogenic metals and 1 x 10-5
RSDs are listed for the carcinogenic metals. The RSD for a metal is the
acceptable ambient level for that metal provided that only one of the four
carcinogenic metals is emitted. If more than one carcinogenic metal is emitted,
the acceptable ambient level for the carcinogenic metals is a fraction of the
RSD, as described in subsection (d)(3).
3) Carcinogenic Metals. For the carcinogenic
metals the sum of the ratios of the predicted maximum annual average off-site
ground level concentrations (except that on-site concentrations must be
considered if a person resides on site) to the RSD for all carcinogenic metals
emitted must not exceed 1.0 as determined by the following equation:
Click
here to view image
Where:
|
[SIGMA]
Pi/Ri
|
=
|
the sum of the values of P/R for each metal "i", from
i = 1 to n
|
|
n
|
=
|
number of carcinogenic metals
|
|
Pi
|
=
|
the predicted ambient concentration for metal
i
|
|
Ri
|
=
|
the RSD for metal i
|
4)
Noncarcinogenic Metals. For the noncarcinogenic metals, the predicted maximum
annual average off-site ground level concentration for each metal must not
exceed the RAC.
5) Multiple Stacks.
Owners and operators of facilities with more than one on-site stack from a BIF,
incinerator, or other thermal treatment unit subject to controls on metals
emissions under a RCRA permit or interim status controls must conduct emissions
testing (except that facilities complying with Adjusted Tier I controls need
not conduct emissions testing) and dispersion modeling to demonstrate that the
aggregate emissions from all such on-site stacks do not result in an exceedance
of the acceptable ambient levels.
6) Implementation. Under Tier III, the metals
controls must be implemented by limiting feed rates of the individual metals to
levels during the trial burn (for new facilities or an interim status facility
applying for a permit) or the compliance test (for interim status facilities).
The feed rate averaging periods are the same as provided by subsections
(b)(1)(A), (b)(1)(B), and (b)(2)(B). The feed rate of metals in each feedstream
must be monitored to ensure that the feed rate limits for the feedstreams
specified under Sections
726.202
or
726.203
are not exceeded.
e)
Adjusted Tier Feed Rate Screening Limits. The owner or operator may adjust the
feed rate screening limits provided by Appendix A to account for site-specific
dispersion modeling. Under this approach, the adjusted feed rate screening
limit for a metal is determined by back-calculating from the acceptable ambient
levels provided by Appendices D and E using dispersion modeling to determine
the maximum allowable emission rate. This emission rate becomes the adjusted
Tier I feed rate screening limit. The feed rate screening limits for
carcinogenic metals are implemented as prescribed in subsection
(b)(2).
f) Alternative
Implementation Approaches
1) Pursuant to
subsection (f)(2) the Agency must approve on a case-by-case basis approaches to
implement the Tier II or Tier III metals emission limits provided by subsection
(c) or (d) alternative to monitoring the feed rate of metals in each
feedstream.
2) The emission limits
provided by subsection (d) must be determined as follows:
A) For each noncarcinogenic metal, by
back-calculating from the RAC provided in Appendix D to determine the allowable
emission rate for each metal using the dilution factor for the maximum annual
average ground level concentration predicted by dispersion modeling in
conformance with subsection (h); and
B) For each carcinogenic metal by the
following methods:
i) By back-calculating
from the RSD provided in Appendix E to determine the allowable emission rate
for each metal if that metal were the only carcinogenic metal emitted using the
dilution factor for the maximum annual average ground level concentration
predicted by dispersion modeling in conformance with subsection (h);
and
ii) If more than one
carcinogenic metal is emitted, by selecting an emission limit for each
carcinogenic metal not to exceed the emission rate determined by subsection
(f)(2)(B)(i), such that the sum for all carcinogenic metals of the ratios of
the selected emission limit to the emission rate determined by that subsection
does not exceed 1.0.
g) Emission Testing
1) General. Emission testing for metals must
be conducted using Method 0060 (Determinations of Metals in Stack Emissions) 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).
2) Hexavalent Chromium. Emissions of chromium
are assumed to be hexavalent chromium unless the owner or operator conducts
emissions testing to determine hexavalent chromium emissions using procedures
prescribed in Method 0061 (Determination of Hexavalent Chromium Emissions from
Stationary Sources) 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).
h) Dispersion Modeling. Dispersion
modeling required under this Section must be conducted according to methods
recommended in federal appendix W to 40 CFR 51 (Guideline on Air Quality
Models), in section 5.0 (Hazardous Waste Combustion Air Quality Screening
Procedure) in appendix IX to 40 CFR 266 (Methods Manual for Compliance with the
BIF Regulations), or in "Screening Procedures for Estimating the Air Quality
Impact of Stationary Sources, Revised", USEPA publication number
EPA-454/R-92-019, each incorporated by reference in 35 Ill. Adm. Code
720.111(b),
to predict the maximum annual average off-site ground level concentration.
However, on-site concentrations must be considered when a person resides
on-site.
i) Enforcement. For the
purposes of permit enforcement, compliance with the operating requirements
specified in the permit (under Section 726.202) will be regarded as compliance
with this Section. However, evidence that compliance with those permit
conditions is insufficient to ensure compliance with the requirements of this
Section is "information" justifying modification or revocation and re-issuance
of a permit under 35 Ill. Adm. Code
703.270 through
703.273.
