Ohio Administrative Code
Title 3745 - Ohio Environmental Protection Agency
Chapter 3745-266 - Disposal Standards
Section 3745-266-109 - Low risk waste exemption
Universal Citation: OH Admin Code 3745-266-109
Current through all regulations passed and filed through December 16, 2024
(A) Waiver of the destruction and removal efficiency standard. The destruction and removal efficiency standard of paragraph (A) of rule 3745-266-104 of the Administrative Code does not apply if the boiler or industrial furnace is operated in conformance with paragraph (A)(1) of this rule and the owner or operator demonstrates by procedures prescribed in paragraph (A)(2) of this rule that the burning will not result in unacceptable adverse health effects.
(1) The device shall be operated
as follows:
(a) A minimum of fifty per cent
of fuel fired to the device shall be fossil fuel, fuels derived from fossil fuel,
tall oil, or, if approved by the director on a case-by-case basis, other
nonhazardous fuel with combustion characteristics comparable to fossil fuel.
Such fuels are termed "primary fuel" for purposes of this rule. (Tall oil is a
fuel derived from vegetable and rosin fatty acids.) The fifty per cent primary
fuel firing rate shall be determined on a total heat or mass input
basis, whichever results in the greater mass feed rate of primary fuel
fired;
(b) Primary fuels and
hazardous waste fuels shall have a minimum as-fired heating value of eight
thousand British thermal units (Btu) per pound;
(c) The hazardous waste is fired directly
into the primary fuel flame zone of the combustion chamber; and
(d) The device operates in conformance with
the carbon monoxide controls provided by paragraph (B)(1) of rule
3745-266-104 of the
Administrative Code. Devices subject to the exemption provided by this rule are
not eligible for the alternative carbon monoxide controls provided by paragraph
(C) of rule
3745-266-104 of the
Administrative Code.
(2)
Procedures to demonstrate that the hazardous waste burning will not pose
unacceptable adverse public health effects are as follows:
(a) Identify and quantify those nonmetal
compounds listed in the appendix to rule
3745-51-11 of the Administrative
Code that could reasonably be expected to be present in the hazardous waste.
The constituents excluded from analysis shall be
identified and the basis for the exclusion of such
constituents shall be explained;
(b) Calculate reasonable, worst case emission
rates for each constituent identified in paragraph (A)(2)(a) of this rule by
assuming the device achieves 99.9 per cent destruction and removal efficiency.
That is, assume that 0.1 per cent of the mass weight of each constituent fed to
the device is emitted.
(c) For each
constituent identified in paragraph (A)(2)(a) of this rule, use emissions
dispersion modeling to predict the maximum annual average ground level
concentration of the constituent.
(i)
Dispersion modeling shall be conducted using methods specified in
paragraph (H) of rule
3745-266-106 of the
Administrative Code.
(ii) Owners
and operators of facilities with more than one on-site stack from a boiler or
industrial furnace that is exempt under this rule shall conduct
dispersion modeling of emissions from all stacks exempt under this rule to
predict ambient levels prescribed by paragraphs (A) to (A)(2)(d)(iii) of this
rule.
(d) Ground level
concentrations of constituents predicted under paragraph (A)(2)(c) of this rule
shall not
exceed the following levels:
(i) For the
noncarcinogenic compounds listed in appendix A to this rule, the
levels established in appendix A to this rule;
(ii) For the carcinogenic compounds listed in
appendix B
to this rule, the sum for all constituents of the ratios of the actual ground
level concentration to the level established in appendix
B to this
rule cannot exceed 1.0; and
(iii)
For constituents not listed in appendix A or appendix
B to this
rule, 0.1 micrograms per cubic meter.
(B) Waiver of particulate matter standard. The particulate matter standard of rule 3745-266-105 of the Administrative Code does not apply if:
(1)
The destruction and removal efficiency standard is waived under paragraph (A)
of this rule; and
(2) The owner or
operator complies with the "Tier I" or "Adjusted Tier I" metals feed rate
screening limits provided by paragraph (B) or (E) of rule
3745-266-106 of the
Administrative Code.
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