Current through all regulations passed and filed through March 18, 2024
(A) General. The owner or operator shall
comply with the metals standards provided by paragraph (B), (C), (D), (E), or
(F) of this rule for each metal listed in paragraph (B) of this rule that is
present in the hazardous waste at detectable levels by using
analytical procedures
specified in "Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods" (SW-846).
(B) "Tier I" feed rate screening limits. Feed
rate screening limits for metals are specified in appendix B to this rule as a
function of terrain-adjusted effective stack height 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 paragraph (B)(7) of this rule.
"Tier I" feed rate screening limits are :
(1) Noncarcinogenic
metals. The feed rates of antimony, barium, lead, mercury, thallium, and silver
in all feedstreams, including hazardous waste, fuels, and industrial furnace
feedstocks shall not exceed the screening limits specified in appendix B to
this rule.
(a) The feed rate screening limits
for antimony, barium, mercury, thallium, and silver are based on either
:
(i) An hourly rolling average as described in
paragraph (E)(6)(a)(ii) of rule
3745-266-102 of the
Administrative Code; 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 described in paragraph (E)(6)(a)(ii) of rule
3745-266-102 of the
Administrative Code;
(ii) An
averaging period of two to twenty-four hours as described in paragraph
(E)(6)(b) of rule
3745-266-102 of the
Administrative Code with an instantaneous feed rate limit not to exceed ten
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 arsenic, cadmium,
beryllium, and chromium in all feedstreams, including hazardous waste, fuels,
and industrial furnace feedstocks shall not exceed values derived from the
screening limits specified in appendix B to this rule. 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 B to
this rule shall not exceed
1.0, as provided by the
following equation:
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where:
n = number of carcinogenic metals
AFR = actual feed rate to the device for metal "i"
FRSL = feed rate screening limit provided by appendix B to this
rule 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
twenty-four hours as described in paragraph (E)(6)(b) of rule
3745-266-102 of the
Administrative Code with an instantaneous feed rate limit not to exceed ten
times the feed rate that would be allowed on an hourly rolling average
basis.
(3)
Terrain-adjusted effective stack height (TESH).
(a) The terrain-adjusted effective stack
height is determined according to the following equation:
TESH = Ha + H1 - Tr
where:
Ha = actual physical stack height
H1 = plume rise as determined from appendix A to this rule as a
function of stack flow rate and stack gas exhaust temperature
Tr = terrain rise within five kilometers of the stack
(b) The stack height (Ha) may not
exceed "good engineering practice stack height" as defined in
40 CFR
51.100(ii).
(c) If the TESH for a particular facility is
not listed in the tables in appendix B to this rule, the nearest lower TESH
listed in the tables in appendix B to this rule shall be used. If the TESH is
four meters or less, a value of four meters shall 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
from the stack equals or exceeds the elevation of the physical stack height
(Ha) 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 the appendix to rule
3745-266-103 of the
Administrative Code shall be used.
(6) Multiple stacks. Owners and operators of
facilities with more than one on-site stack from a boiler, industrial furnace,
incinerator, or other thermal treatment unit subject to controls of metals
emissions under a hazardous waste installation and operation permit or interim
standards controls shall 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 worstcase stack is determined from the
following equation as applied to each stack:
K = HVT
where:
K = a parameter accounting for relative influence of stack
height and plume rise
H = physical stack height (meters)
V = stack gas flow rate (cubic meters per second)
T = exhaust temperature (degrees Kelvin)
The stack with the lowest value of K is the worst-case
stack.
(7) Criteria for facilities not eligible for
screening limits. If any criteria in paragraphs (B)(7)(a) to (B)(7)(e) of this
rule are met, the "Tier I" and "Tier II" screening limits do not apply. Owners
and operators of such facilities shall comply with either the "Tier III"
standards provided by paragraph (D) of this rule or with the "Adjusted Tier I"
feed rate screening limits provided by paragraph (E) of this rule. The criteria
are the following:
(a) The device is located
in a narrow valley less than one kilometer wide;
(b) The device has a stack taller than twenty
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 twenty meters and is located within five
kilometers of a shoreline of a large body of water such as an ocean or large
lake;
(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;
or
(e) The director
determines that standards based on site-specific dispersion modeling are
required.
(8)
Implementation. The feed rate of metals in each feedstream shall 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 B to
this rule as a function of terrain-adjusted effective stack height 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 paragraph
(B)(7) of this rule. "Tier II" emission rate screening limits are
:
(1) Noncarcinogenic metals. The emission
rates of antimony, barium, lead, mercury, thallium, and silver shall not exceed
the screening limits specified in appendix B to this rule.
(2) Carcinogenic metals. The emission rates
of arsenic, cadmium, beryllium, and chromium shall not exceed values derived
from the screening limits specified in appendix B to this rule. 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 B to this rule shall not exceed
1.0, as provided by the
following equation:
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where:
n = number of carcinogenic metals
AER = actual emission rate for metal "i"
ERSL = emission rate screening limit provided by appendix B to
this rule for metal "i"
(3)
Implementation. The emission rate limits shall be implemented by limiting feed
rates of the individual metals to levels during the trial burn (for new
facilities or a permit by rule facility applying for a permit) or the
compliance test (for permit by rule facilities). The feed rate averaging
periods are the same as provided by paragraphs (B)(1)(a), (B)(1)(b), and
(B)(2)(b) of this rule. The feed rate of metals in each feedstream shall be
monitored to ensure that the feed rate limits for the feedstreams specified in
rule 3745-266-102 or
3745-266-103 of the
Administrative Code are not exceeded.
(4) Descriptions and limitations. The
descriptions and limitations provided by paragraph (B) of this rule for the
following terms also apply to the "Tier II" emission rate screening limits
provided by paragraph (C) of this rule: "terrain-adjusted effective stack
height," "good engineering practice stack height," "terrain type," "land use,"
and "criteria for facilities not eligible to use the screening
limits."
(5) Multiple stacks.
(a) Owners and operators of facilities with
more than one on-site stack from a boiler, industrial furnace, incinerator, or
other thermal treatment unit subject to controls on metals emissions under a
hazardous waste installation and operation permit or interim standards controls
shall 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 in paragraph (B)(6) of this
rule.
(c) For each metal, the total
emissions of the metal from those stacks shall not exceed the screening limit
for the worst-case stack.
(D) "Tier III" and "Adjusted Tier I"
site-specific risk assessment. Paragraph (D) of this rule applies to facilities
complying with either the "Tier III" or "Adjusted Tier I" controls, except
where specified otherwise, including the following:
(1) General. Conformance with the "Tier III"
metals controls shall be demonstrated by emissions testing to determine the
emission rate for each metal. In addition, conformance with either the "Tier
III" or "Adjusted Tier I" metals controls shall 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 A and B to rule
3745-266-109 of the
Administrative Code list the acceptable ambient levels for purposes of this
rule. Reference air concentrations (RACs) are listed for the noncarcinogenic
metals and 10-5 risk-specific doses (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 paragraph (D)(3) of this rule.
(3) Carcinogenic metals. For the carcinogenic
metals, arsenic, cadmium, beryllium, and chromium, the sum of the ratios of the
predicted maximum annual average off-site ground level concentrations (except
that on-site concentrations shall be considered if a person resides
on-site) to the RSD for all carcinogenic metals
emitted shall not exceed
1.0, as determined by the
following equation:
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where n = number of carcinogenic metals
(4) Noncarcinogenic metals. For the
noncarcinogenic metals, the predicted maximum annual average off-site ground
level concentration for each metal shall not exceed the reference air
concentration.
(5) Multiple stacks.
Owners and operators of facilities with more than one on-site stack from a
boiler, industrial furnace, incinerator, or other thermal treatment unit
subject to controls on metals emissions under a hazardous waste installation
and operation permit or interim standards controls shall 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 shall be implemented by limiting feed rates of the individual
metals to levels during the trial burn (for new facilities or a permit by rule
facility applying for a permit) or the compliance test (for permit by rule
facilities). The feed rate averaging periods are the same as provided by
paragraphs (B)(1)(a), (B)(1)(b), and (B)(2)(b) of this rule. The feed rate of
metals in each feedstream shall be monitored to ensure that the feed rate
limits for the feedstreams specified in rule
3745-266-102 or
3745-266-103 of the
Administrative Code are not exceeded.
(E) "Adjusted Tier I" feed rate screening
limits. The owner or operator may adjust the feed rate screening limits
provided by appendix B to this rule to account for sitespecific dispersion
modeling. Under this approach, the adjusted feed rate screening limit for a
metal is determined by back-calculating from the acceptable ambient level
provided by appendices A and B to rule
3745-266-109 of the
Administrative Code 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 paragraph (B)(2) of this rule.
(F) Alternative implementation approaches.
(1) The director may approve on a
case-by-case basis approaches to implement the "Tier II" or "Tier III" metals
emission limits provided by paragraph (C) or (D) of this rule alternative to
monitoring the feed rate of metals in each feedstream.
(2) The emission limits provided by paragraph
(D) of this rule shall be determined as follows:
(a) For each noncarcinogenic metal, by
back-calculating from the
RAC provided in appendix A
to rule 3745-266-109 of the
Administrative Code 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 paragraph
(H) of this rule;
and
(b) For each carcinogenic
metal by :
(i) Back-calculating from the RSD provided in
appendix B to rule
3745-266-109 of the
Administrative Code 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 paragraph (H) of this rule; and
(ii) If more than one carcinogenic metal is
emitted, selecting an emission limit for each carcinogenic metal not to exceed
the emission rate determined by paragraph (F)(2)(b)(i) of this rule such that
the sum for all carcinogenic metals of the ratios of the selected emission
limit to the emission rate determined by that paragraph does not exceed
1.0.
(G) Emission testing.
(1) General. Emission testing for metals
shall be conducted using method 0060, "Determinations of Metals in Stack
Emissions," U.S. EPA publication SW-846.
(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," U.S. EPA publication SW-846.
(H) Dispersion modeling.
Dispersion modeling required by this rule shall be conducted according to
methods recommended in 40 CFR Part 51, appendix W ("Guideline on Air Quality
Models- Revised," and supplements), the "Hazardous Waste Combustion Air Quality
Screening Procedure," provided in the
appendix to rule
3745-266-103 of the
Administrative Code, or in "Screening Procedures for Estimating the Air Quality
Impact of Stationary Sources, Revised" to predict the maximum annual average
offsite ground level concentration. However, on-site concentrations shall 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 rule
3745-266-102 of the
Administrative Code) is regarded as compliance with this rule. However,
evidence that compliance with those permit conditions is insufficient to ensure
compliance with this rule may be information justifying modification of a
permit under rule
3745-50-51 of the Administrative
Code.
[Comment: For dates of non-regulatory government publications,
publications of recognized organizations and associations, federal rules, and
federal statutory provisions referenced in this rule, see rule
3745-50-11 of the Administrative
Code titled "Incorporated by reference."]
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