Current through all regulations passed and filed through September 16, 2024
When an owner or operator of a hazardous waste incineration
unit becomes subject to hazardous waste permit requirements after February 16,
2009 or when an owner or operator of a hazardous waste incineration unit
demonstrates compliance with the air emission standards and limitations in 40
CFR Part 63 subpart EEE [i.e., by conducting a comprehensive performance test
and submitting a notification of compliance under
40 CFR
63.1207(j) and 40 CFR
63.1210(d) documenting compliance with all applicable requirements of 40 CFR
Part 63 subpart EEE], this rule does not apply, except those provisions the
director determines are necessary to ensure compliance with paragraphs (A) and
(C) of rule
3745-57-45 of the Administrative
Code if the owner or operator elects to comply with paragraph (A)(1)(a) of rule
3745-50-235 of the
Administrative Code to minimize emissions of toxic compounds from startup,
shutdown, and malfunction events. Nevertheless, the director may apply the
provisions of this rule, on a case-by-case basis, to
collect information in
accordance with paragraphs (A)(5), (D)(6), (H), and (I)
of rule
3745-50-40 of the Administrative
Code and paragraphs (D)(3) (b) and (D)(4)(a)(v) of rule
3745-50-51 of the Administrative
Code.
(A)
To determine operational readiness
after completion of physical construction, the permit
for a new hazardous waste incinerator shall contain conditions including but
not limited to allowable waste feeds and operating conditions. These permit
conditions will be effective for the minimum time required to bring the
incinerator to a point of operational readiness to conduct a trial burn, not to
exceed seven hundred twenty hours operating time for treatment of hazardous
waste. This operational period may be extended once, for up to seven hundred
twenty additional hours, at the request of the applicant when good cause is
shown. The permit may be modified to reflect the extension according to rule
3745-50-51 of the Administrative
Code.
(1) Applicants shall submit a
statement, with "Part B" of the permit application, which suggests the
conditions necessary to operate in compliance with rule
3745-57-43 of the Administrative
Code during this period. At a minimum, this statement should include restrictions on waste constituents,
waste feed rates, and the operating parameters identified in rule
3745-57-45 of the Administrative
Code.
(2) The director will review
this statement and any other relevant information submitted with "Part B" of
the permit application. The permit shall specify requirements for this period
sufficient to comply with rule
3745-57-43 of the Administrative
Code.
(B)
To determine the feasibility of compliance with rule
3745-57-43 of the Administrative
Code and adequate operating
conditions under rule
3745-57-45 of the Administrative
Code, the permit for a new hazardous waste incinerator shall contain conditions
to be effective during the trial burn.
(1)
Applicants shall propose a trial burn plan, prepared under paragraph (B)(2) of
this rule with "Part B" of the permit application.
(2) The trial burn plan shall include all of
the following :
(a) An analysis of each waste or mixture of
wastes to be burned which includes:
(i) Heat
value of the waste in the form and composition in which
the waste
will be burned.
(ii) Viscosity (if
applicable), or description of the physical form of the waste.
(iii) An identification of any hazardous
organic constituents listed in the appendix to rule
3745-51-11 of the Administrative
Code, which are present in the waste to be burned, except that the applicant
need not analyze for constituents listed in the appendix to rule
3745-51-11 of the Administrative
Code which would reasonably not be expected to be found in the waste. The
constituents excluded from analysis shall be identified, and the basis for the
exclusion stated. The waste analysis shall rely on appropriate analytical
techniques.
(iv) An approximate
quantification of the hazardous constituents identified in the waste, within
the precision produced by appropriate analytical methods.
(b) A detailed engineering description of the
incinerator for which the permit is sought, including:
(i) Manufacturer's name and model number of
incinerator (if available).
(ii)
Type of incinerator.
(iii) Linear
dimensions of the incinerator unit including the cross sectional area of
combustion chamber.
(iv)
Description of the auxiliary fuel system (type or feed).
(v) Capacity of prime mover.
(vi) Description of automatic waste feed
cutoff systems.
(vii) Stack gas
monitoring and pollution cutoff equipment.
(viii) Nozzle and burner design.
(ix) Construction materials.
(x) Location and description of temperature,
pressure, and flow indicating and control devices.
(c) A detailed description of sampling and
monitoring procedures, including sampling and monitoring locations in the
system, the equipment to be used, sampling and monitoring frequency, and
planned analytical procedures for sample analysis.
(d) A detailed test schedule for each waste
for which the trial burn is planned, including
dates, duration, quantity of waste to be burned, and other factors relevant to
the decision under paragraph (B)(5) of this rule.
(e) A detailed test protocol, including for
each waste identified, the ranges of temperature, waste feed rate, combustion
gas velocity, use of auxiliary fuel, and any other relevant parameters that
will be varied to affect the destruction and removal efficiency of the
incinerator.
(f) A description of,
and planned operating conditions for, any emission control equipment which will
be used.
(g) Procedures for rapidly
stopping waste feed, shutting down the incinerator, and controlling emissions
in the event of an equipment malfunction.
(h) Such other information as the director
reasonably finds necessary to make a preliminary determination whether to
approve the trial burn plan in light of the purposes of
paragraph (B) of this rule and the criteria in paragraph (B)(5) of this
rule.
(3) The director,
in reviewing the trial burn plan, will evaluate the sufficiency of the
information provided and may require the applicant to supplement this
information, if necessary, to achieve the purposes of
paragraph (B) of this rule.
(4)
Based on the waste analysis data in the trial burn plan, the permit will
specify as trial principal organic hazardous constituents (POHCs), those
constituents for which destruction and removal efficiencies shall be calculated
during the trial burn. These trial POHCs will be specified in the permit based
upon an estimate of the difficulty of incineration of the constituents
identified in the waste analysis, the concentration or mass in the waste feed
of the constituents identified in the waste analysis, and, for wastes listed in
rules 3745-51-30 to
3745-51-35 of the Administrative
Code, the hazardous waste organic constituent or constituents identified in the
appendix to rule
3745-51-30 of the Administrative
Code as the basis of listing.
(5)
The trial burn plan will be approved if the director finds that all of the
following:
(a) The trial burn is likely to
determine whether rule
3745-57-43 of the Administrative
Code can be complied with.
(b) The
trial burn itself does not present an imminent hazard to human health or
the environment.
(c) The trial burn
will help to determine operating requirements to be specified under rule
3745-57-45 of the Administrative
Code.
(d) The information sought in
paragraphs (B)(5)(a) and (B)(5)(b) of this rule cannot reasonably be developed
through other means.
(6)
The director shall send a notice to all persons on the facility mailing list as
provided in
40 CFR
124.10(c)(1)(ix), and to the
appropriate units of state and local government as provided in
40 CFR
124.10(c)(1)(x), announcing
the scheduled commencement and completion dates for the trial burn. The
applicant may not commence the trial burn until after the director has issued
such notice.
(a) This notice shall be mailed
within a reasonable time period before the scheduled trial burn. An additional
notice is not required if the trial burn is delayed due to circumstances beyond
the control of the facility or Ohio EPA.
(b) This notice shall contain all of the
following:
(i) The name and telephone number
of the applicant's contact person.
(ii) The name and telephone number of the
Ohio EPA contact office.
(iii) The
location where the approved trial burn plan and any supporting documents can be
reviewed and copied.
(iv) An
expected time period for commencement and completion of the trial
burn.
(7)
During each approved trial burn (or as soon after the burn as is practicable),
the applicant shall make all of the following determinations:
(a) A quantitative analysis of the trial
POHCs in the waste feed to the incinerator.
(b) A quantitative analysis of the exhaust
gas for the concentration and mass emissions of the trial POHCs, oxygen and
hydrogen chloride.
(c) A
quantitative analysis of the scrubber water (if any), ash residues, and other
residues, to estimate the fate of the trial POHCs.
(d) A computation of destruction and removal
efficiency (DRE), in accordance with the DRE formula specified in paragraph (A)
of rule 3745-57-43 of the Administrative
Code.
(e) If the hydrogen chloride
emission rate exceeds 1.8 kilograms of hydrogen chloride per hour (four pounds
per hour), a computation of hydrogen chloride removal efficiency in accordance
with paragraph (B) of rule
3745-57-43 of the Administrative
Code.
(f) A computation of
particulate emissions, in accordance with paragraph (C) of rule
3745-57-43 of the Administrative
Code.
(g) An identification of
sources of fugitive emissions and their means of control.
(h) A measurement of average, maximum, and
minimum temperatures and combustion gas velocity.
(i) A continuous measurement of carbon
monoxide in the exhaust gas.
(j)
Such other information as the director may specify as necessary to ensure that
the trial burn will determine compliance with rule
3745-57-43 of the Administrative
Code and to establish the operating conditions required by rule
3745-57-45 of the Administrative
Code as necessary to comply with rule
3745-57-43 of the Administrative
Code.
(8) The applicant
shall submit to the director a certification that the trial burn
was
carried out in accordance with the approved trial burn plan, and shall submit
the results of all the determinations required in paragraph (B)(7) of this
rule. These submittals shall be made within ninety days after completion of the
trial burn, or later if approved by the
director.
(9) All data
collection during any trial burn shall be submitted to the director following
the completion of the trial burn.
(10) All submittals required by
paragraph (B) of this rule shall be certified on behalf of the applicant by
the signature of a person authorized to sign a permit application or a report
under rule
3745-50-42 of the Administrative
Code.
(11) Based on the results of
the trial burn, the operating requirements shall be set in the final permit
according to rule
3745-57-45 of the Administrative
Code.
(C)
To allow operation of a new hazardous waste
incinerator after completion of the trial burn and prior to final
modification of the permit conditions to reflect the trial burn results, the
permit may contain conditions, including but not limited to allowable
waste
feeds and operating conditions sufficient to comply with rule
3745-57-45 of the Administrative
Code, in the permit to a new hazardous waste incinerator. These permit
conditions will be effective for the minimum time required to complete sample
analysis, data computation and submittal of the trial burn results by the
applicant, and modification of the facility permit.
(1) Applicants shall submit a statement with
"Part B" of the permit application, which identifies the conditions necessary
to operate in compliance with rule
3745-57-43 of the Administrative
Code during this period. At a minimum, this statement should include restrictions on waste constituents,
waste feed rates, and the operating parameters in rule
3745-57-45 of the Administrative
Code.
(2) The director will review
this statement and any other relevant information submitted with "Part B" of
the permit application and recommend those requirements for this period most
likely to comply with rule
3745-57-43 of the Administrative
Code based on engineering judgment.
(D)
To determine the
feasibility of compliance with rule
3745-57-43 of the Administrative
Code and adequate operating
conditions under rule
3745-57-45 of the Administrative
Code, the applicant for a permit for an existing hazardous waste incinerator
shall prepare and submit a trial burn plan and perform a trial burn in
accordance with paragraph (C)(7)(b) of rule
3745-50-44 of the Administrative
Code and paragraphs (B)(2) to (B)(5) and (B)(7) to (B)(10) of this rule or,
instead, submit other information as specified in paragraph (C) (7)(c) of rule
3745-50-44 of the Administrative
Code. The director shall announce the director's intention to approve the trial
burn plan in accordance with the timing and distribution requirements of
paragraph (B)(6) of this rule. The contents of the notice shall include the name and telephone number of a contact person
at the facility, the name and telephone number of a contact office at
Ohio EPA,
the location where the trial burn plan and any supporting documents can be
reviewed and copied, and a schedule of the activities that are required
prior to permit issuance, including the anticipated time schedule for Ohio EPA
approval of the plan and the time period during which the trial burn would be
conducted. Applicants submitting information under paragraph (C)(7)(a) of rule
3745-50-44 are exempt from
compliance with rules
3745-57-43 and
3745-57-45 of the Administrative
Code, and therefore, are exempt from the requirement to conduct a trial burn.
Applicants who submit trial burn plans and receive approval before submittal of
a permit application shall complete the trial burn and submit the results,
specified in paragraph (B)(7) of this rule, with "Part B" of the permit
application. If completion of this process conflicts with the date set for
submittal of the "Part B" application, the applicant shall contact the director
to establish a later date for submittal of the "Part B" application or the
trial burn results. Trial burn results shall be submitted prior to issuance of
the permit. When the applicant submits a trial burn plan with "Part B" of the
permit application, the director will specify a time period prior to permit
issuance in which the trial burn shall be conducted and the results submitted.
[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."]
