Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Scope.
This part applies as follows:
A. This part applies to owners and operators
of facilities that thermally treat hazardous waste, except as part
7045.0450 provides otherwise. The
following facility owners or operators are considered to thermally treat
hazardous waste: owners or operators of hazardous waste incinerators as defined
in part
7045.0020; and owners or operators
who burn hazardous waste in boilers or in industrial furnaces in order to
destroy the waste.
B. For owners or
operators of thermal treatment facilities, the commissioner may, in
establishing the permit conditions, exempt the applicant from all requirements
of this part except subparts
2 and
8, if after examination of
the waste analysis included with the applicant's permit application, the
commissioner finds that the waste to be treated contains none of the hazardous
constituents listed in part
7045.0141 which would reasonably
be expected to be in the waste and that the waste to be treated is:
(1) listed as a hazardous waste in part
7045.0135 only because it is
ignitable, corrosive, or both;
(2)
listed as a hazardous waste in part
7045.0135 only because it is
reactive for characteristics other than those listed in part
7045.0131, subpart
5, items D and E, and will
not be treated when other hazardous wastes are present in the combustion
zone;
(3) a hazardous waste only
because it possesses the characteristics of ignitability, corrosivity, or both,
as determined by the tests for characteristics of hazardous wastes under part
7045.0131; or
(4) a hazardous waste only because it
possesses any of the reactivity characteristics described by part
7045.0131, subpart
5, items A, B, C, F, G, and
H, and will not be treated when other hazardous wastes are present in the
combustion zone.
C. For
owners or operators of thermal treatment facilities, the commissioner may, in
establishing the permit conditions, exempt the applicant from all requirements
of this part except subparts
2 and
8, if after examination of
the waste analysis included with the applicant's permit application the
commissioner finds that:
(1) the waste to be
treated is one which is specified in item B, subitem (1), (2), (3), or (4), and
contains insignificant concentrations of the hazardous constituents listed in
part
7045.0141; and
(2) the thermal treatment facility will not
endanger human health or the environment, if the exemption is
approved.
D. For owners
or operators of thermal treatment facilities whose primary purpose is the
production of energy, the commissioner may, after review of the request for
exemption, exempt the owner or operator from any requirements of this part
except subparts
2 and
8. The owner or operator
shall submit to the commissioner a request for exemption which shall include
the following information:
(1) waste analysis
results for each waste to be treated;
(2) a complete description of the thermal
treatment unit, including air pollution control equipment;
(3) a description of the operating
procedures; and
(4) an evaluation
of the suitability of the thermal treatment process for the wastes to be
treated.
E. The
commissioner shall approve the request for exemption if the commissioner finds
that:
(1) the primary purpose of the thermal
treatment facility is the production of energy;
(2) the thermal treatment process is suitable
for the wastes to be treated; and
(3) the thermal treatment facility will not
endanger human health or the environment, if the exemption is
approved.
F. The owner
or operator of a thermal treatment facility may conduct trial burns, subject
only to the requirements of a trial burn approval as issued under the agency's
permitting procedures in chapter 7001.
Subp. 2.
Waste analysis.
As a portion of a trial burn plan or with a permit
application, the owner or operator shall have included an analysis of waste
feed sufficient to provide all information required by the agency's permitting
procedures in chapter 7001. Owners or operators of new hazardous waste thermal
treatment facilities shall provide the required information to the greatest
extent possible.
Throughout normal operation the owner or operator shall
conduct sufficient waste analysis to verify that waste feed to the thermal
treatment process is within the physical and chemical composition limits
specified in the permit.
Subp.
3.
Principal organic hazardous constituents.
Principal organic hazardous constituents in the waste feed
must be treated to the extent required by the performance standard of subpart
4.
One or more principal organic hazardous constituents will be
specified in the facility's permit, from among those constituents listed in
part
7045.0141, for each waste feed to
be treated. This specification will be based on the degree of difficulty of
thermal treatment of the organic constituents in the waste and on their
concentration or mass in the waste feed, considering the results of waste
analyses and trial burns or alternative data submitted with the facility's
permit application. Organic constituents which represent the greatest degree of
difficulty of thermal treatment will be those most likely to be designated as a
principal organic hazardous constituent. Constituents are more likely to be
designated as principal organic hazardous constituents if they are present in
large quantities or concentrations in the waste.
Trial principal organic hazardous constituents will be
designated for performance of trial burns in accordance with the procedure
specified for obtaining trial burn approval.
Subp. 4.
Performance standards.
A thermal treatment facility thermally treating hazardous
waste must be designed, constructed, and maintained so that, when operated in
accordance with operating requirements specified under subpart
6 it will comply with all
federal and state air quality rules and regulations and will meet the
performance standards of items A to E, whichever are applicable:
A. Except as provided in item E, a thermal
treatment facility thermally treating hazardous waste must achieve a
destruction and removal efficiency of 99.99 percent for each principal organic
hazardous constituent designated in its permit for each waste feed. The
destruction and removal efficiency (DRE) is determined for each principal
organic hazardous constituent from the following equation:
|
(Win - Wout) |
|
|
| DRE= |
_____ |
x |
100% |
|
Win |
|
|
where:
Win = Mass feed rate of one principal organic hazardous
constituent in the waste stream feeding the thermal treatment process,
and
Wout = Mass emission rate of the same principal organic
hazardous constituent present in exhaust emissions prior to release to the
atmosphere.
B. A thermal
treatment facility thermally treating hazardous waste and producing stack
emissions of more than 1.8 kilograms per hour (four pounds per hour) of
hydrogen chloride (HCl) must control hydrogen chloride emissions such that the
rate of emission is no greater than the larger of either 1.8 kilograms per hour
or one percent of the hydrogen chloride in the stack gas prior to entering any
pollution control equipment.
C. A
thermal treatment facility thermally treating hazardous waste must not emit
particulate matter in excess of 180 milligrams per dry standard cubic meter
(0.08 grains per dry standard cubic foot) when corrected for the amount of
oxygen in the stack gas according to the formula:
|
14 |
|
| Pc = Pm x |
_____ |
|
|
21 - Y |
|
where:
Pc = corrected concentration of particulate matter;
Pm = measured concentration of particulate matter; and
Y = measured concentration of oxygen in the stack gas; using
the Orsat method for oxygen analysis of dry flue gas, presented in Code of
Federal Regulations, title 40, part 60, appendix A (method 3), as amended. This
correction procedure is to be used by all hazardous waste thermal treatment
facilities except those operating under conditions of oxygen enrichment. For
these facilities the commissioner will select an appropriate correction
procedure to be specified in the facility permit.
D. For purposes of permit enforcement,
compliance with the operating requirements specified in the permit will be
regarded as compliance with this part. However, evidence that compliance with
these permit conditions is insufficient to ensure compliance with the
performance requirements of this part may be information justifying
modification, revocation, or reissuance of a permit.
E. A thermal treatment facility thermally
treating hazardous wastes F020, F021, F022, F023, F026, and F027 listed under
part
7045.0135, subpart 1a, item B,
must achieve a destruction and removal efficiency ("DRE") of 99.9999 percent
for each principal organic hazardous constituent designated in its permit. This
performance must be demonstrated on principal organic hazardous constituents
that are more difficult to incinerate than tetra-, penta-, and
hexachlorodibenzo-p-dioxins and dibenzofurans. DRE is determined for each
principal organic hazardous constituent from the equation in item A. In
addition, the owner or operator of the thermal treatment facility must notify
the commissioner of the intent to burn waste F020, F021, F022, F023, F026, or
F027.
Subp. 5.
Hazardous waste thermal treatment facility permits.
Requirements for hazardous waste thermal treatment facility
permits are as follows:
A. he owner or
operator of a hazardous waste thermal treatment facility may thermally treat
only wastes specified in the permit and only under operating conditions
specified for these wastes under subpart
6, except for the following
cases:
(1) in approved trial burns under the
agency's permitting procedures in chapter 7001; or
(2) under exemptions created by subpart
1.
B. Other hazardous wastes may be thermally
treated only after operating conditions have been specified in a new permit, or
a permit modification as applicable. Operating requirements for new wastes may
be based on either trial burn results or alternative data included with a
permit application.
C. The permit
for a new hazardous waste thermal treatment facility must establish appropriate
conditions for each of the applicable requirements of this part, including but
not limited to allowable waste feeds and operating conditions necessary to meet
the requirements of subpart
6, sufficient to comply with
the following standards:
(1) For the period
beginning with initial introduction of hazardous waste to the thermal treatment
process and ending with initiation of the trial burn, and only for the minimum
time required to establish operating conditions required in item B, not to
exceed a duration of 720 hours operating time for treatment of hazardous waste,
the operating requirements must be those most likely to ensure compliance with
the performance standards of subpart
4, based on the
commissioner's engineering judgment. The agency may once extend the duration of
this period for up to 720 additional hours when good cause for the extension is
demonstrated by the applicant.
(2)
For the duration of the trial burn, the operating requirements must be
sufficient to demonstrate compliance with the performance standards of subpart
4, and must be in accordance
with the approved trial burn plan.
(3) 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, the operating requirements must be those
most likely to ensure compliance with the performance standards of subpart
4 based on the commissioner's
engineering judgment.
(4) For the
remaining duration of the permit, the operating requirements must be those
demonstrated, in a trial burn or by alternative data specified in the agency's
permitting procedures in chapter 7001, as sufficient to ensure compliance with
the performance standards of subpart
4.
Subp. 6.
Operating
requirements.
Operating requirements are as follows:
A. A thermal treatment facility must be
operated in accordance with operating requirements specified in the permit.
These will be specified on a case-by-case basis as those demonstrated in a
trial burn or in alternative data as specified in subpart
5, item B and included with a
facility's permit application to be sufficient to comply with the performance
standards of subpart
4. The agency may specify
additional operating requirements necessary to assure compliance with air
quality emission and ambient limits and to protect public health and
property.
B. Each set of operating
requirements will specify the composition of the waste feed (including
acceptable variations in the physical or chemical properties of the waste feed
which will not affect compliance with the performance requirement of subpart
4) to which the operating
requirements apply. For each waste feed, the permit shall specify acceptable
operating limits, including the following conditions:
(1) carbon monoxide level in the stack
exhaust gas;
(2) waste feed
rate;
(3) treatment process
temperature;
(4) an appropriate
indicator of combustion gas velocity;
(5) allowable variations in treatment system
design or operating procedures; and
(6) other operating requirements that are
necessary to ensure that the performance standards of subpart
4, federal and state statutes
and rules, and those required by the agency to protect the environment are
met.
C. During start-up
and shutdown of a thermal treatment process, hazardous waste, except ignitable
waste exempted in accordance with subpart
1,
must not be fed into the thermal treatment process unless the treatment process
and air pollution control equipment are operating within the conditions of
operation specified in the permit.
D. Fugitive emissions from the thermal
treatment zone must be controlled by:
(1)
keeping the thermal treatment zone totally sealed against fugitive
emissions;
(2) maintaining a
thermal treatment zone pressure lower than atmospheric pressure; or
(3) an alternate means of control
demonstrated with the permit application to provide fugitive emissions control
equivalent to maintenance of thermal treatment zone pressure lower than
atmospheric pressure.
E.
A thermal treatment facility must be operated with a functioning system to
automatically cut off waste feed to the treatment process when operating
conditions deviate from limits established under item A.
F. A thermal treatment facility must cease
operation when changes in waste feed, treatment process design, or operating
conditions exceed limits designated in its permit.
Subp. 7.
Monitoring, reporting, and
inspections.
Monitoring, reporting, and inspection requirements are as
follows:
A. For monitoring:
(1) The owner or operator shall conduct
monitoring while thermally treating hazardous waste. Treatment temperature,
waste feed rate, oxygen, carbon dioxide, and the indicator of combustion gas
velocity specified in the permit must be monitored on a continuous
basis.
(2) Carbon monoxide, oxygen,
and carbon dioxide must be monitored on a continuous basis at a point in the
treatment facility downstream of the thermal treatment zone and prior to
release to the atmosphere.
(3) Upon
request by the commissioner, sampling and analysis of the waste and exhaust
emissions must be conducted as specified in the permit to verify that the
operating requirements established in the permit achieve the performance
standards of subpart
4 and requirements of federal
and state statutes, regulations, and rules.
(4) The agency may specify in the permit
other monitors for demonstration of combustion and destruction efficiency of
air pollutants.
B. The
thermal treatment process and associated equipment must be subjected to
thorough visual inspection at least daily for leaks, spills, fugitive
emissions, and signs of tampering.
C. The emergency waste feed cut off system
and associated alarms must be tested at least weekly to verify operability,
unless the applicant demonstrates to the commissioner that weekly inspections
will unduly restrict or upset operations and that less frequent inspection will
be adequate. Operational testing must be conducted at least monthly.
D. This monitoring and inspection data must
be recorded and the records must be placed in the operating log required by
part
7045.0478.
Subp. 8.
Closure.
At closure the owner or operator shall remove all hazardous
waste and hazardous waste residues including, but not limited to, ash, scrubber
waters, and scrubber sludges from the thermal treatment facility site. At
closure, as throughout the operating period, unless the owner or operator can
demonstrate that any waste removed from the thermal treatment process or
equipment is not a hazardous waste, the owner or operator becomes a generator
of hazardous waste and shall manage it in accordance with the requirements of
parts
7045.0205 to
7045.1030.
Subp. 9.
Open burning; waste
explosives.
Open burning of hazardous waste is prohibited except for the
open burning and detonation of waste explosives. Waste explosives include waste
which has the potential to detonate, and bulk military propellants which cannot
safely be disposed through other modes of treatment. Detonation is an explosion
in which chemical transformation passes through the material faster than the
speed of sound (0.33 kilometers/second at sea level). Owners or operators
choosing to open burn or detonate waste explosives shall do so in accordance
with the following table and in a manner that does not threaten human health or
the environment.
Property Line Separation
| Pounds of waste explosives or propellants |
Minimum distance from open burning or detonation to the
property of others |
| 0 to 100 |
204 meters (670 feet) |
| 101 to 1,000 |
380 meters (1,250) |
| 1,001 to 10,000 |
530 meters (1,730) |
| 10,001 to 30,000 |
690 meters (2,260) |
Statutory Authority: MS s
14.07;
116.07
