Current through all regulations passed and filed through September 16, 2024
When an owner or operator of a cement kiln, lightweight
aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid
production furnace becomes subject to hazardous waste permit requirements after
February 16, 2009, or when an owner or operator
of an existing cement kiln, lightweight aggregate kiln, solid fuel boiler,
liquid fuel boiler, or hydrochloric acid production furnace 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. This rule does apply, however,
if the director determines that certain provisions are necessary to ensure
compliance with paragraphs (E)(1) and (E)(2)(c) of rule
3745-266-102 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, or if the facility is an area source and the owner
or operator elects to comply with the rules 3745-266-105, 3745-266-106, and
3745-266-107 of the
Administrative Code standards and associated requirements for particulate
matter, hydrogen chloride and chlorine gas, and non-mercury metals; or if the
director determines that certain provisions apply, 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) General. Owners and
operators of new boilers and industrial furnaces (those not operating under the
standards of rule
3745-266-103 of the
Administrative Code) are subject to paragraphs (B) to (F) of this rule. Boilers
and industrial furnaces operating under the standards of rule
3745-266-103 of the
Administrative Code are subject to paragraph (G) of this rule.
(B) Permit operating periods for new boilers
and industrial furnaces. A permit for a new boiler or industrial furnace shall
specify appropriate conditions for the following operating periods:
(1) Pretrial burn period. For the period
beginning with initial introduction of hazardous waste and ending with
initiation of the trial burn, and only for the minimum time required to bring
the boiler or industrial furnace to a point of operational readiness to conduct
a trial burn, not to exceed seven hundred twenty hours operating time when
burning hazardous waste, the director shall establish in the pretrial burn
period of the permit conditions, including but not limited to, allowable
hazardous waste feed rates and operating conditions. The director may extend
the duration of this operational period 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.
(a) Applicants shall submit a
statement, with "Part B" of the permit application, that suggests the
conditions necessary to operate in compliance with the standards of rules
3745-266-104 to
3745-266-107 of the
Administrative Code during this period. At a minimum, this
statement should include restrictions on the applicable operating requirements
identified in paragraph (E) of rule
3745-266-102 of the
Administrative Code.
(b) Ohio EPA
will review this statement and any other relevant information submitted with
"Part B" of the permit application and specify requirements for this period
sufficient to meet the performance standards of rules
3745-266-104 to
3745-266-107 of the
Administrative Code based on
engineering judgment.
(2) Trial burn period. For the duration of
the trial burn, the director shall establish conditions in the permit for the
purposes of determining feasibility of compliance with the performance
standards of rules
3745-266-104 to
3745-266-107 of the
Administrative Code and
adequate operating conditions under paragraph (E) of rule
3745-266-102 of the
Administrative Code. Applicants shall propose a trial burn plan, prepared under
paragraph (C) of this rule, to be submitted with "Part B" of the permit
application.
(3) Post-trial burn
period.
(a) For the period immediately
after completion of the trial burn, and only for the
minimum period sufficient to allow sample analysis, data computation, and
submittal of the trial burn results by the applicant, and review of the trial
burn results and modification of the facility permit by the director to reflect
the trial burn results, Ohio EPA will establish the operating requirements most
likely to ensure compliance with the performance standards of rules
3745-266-104 to
3745-266-107 of the
Administrative Code based on
engineering judgment.
(b)
Applicants shall submit a statement, with "Part B" of the applicationthat identifies the conditions necessary to
operate during this period in compliance with the performance standards of
rules 3745-266-104 to
3745-266-107 of the
Administrative Code. At a minimum, this statement should include restrictions on the operating
requirements provided by paragraph (E) of rule
3745-266-102 of the
Administrative Code.
(c) Ohio EPA
will review this statement and any other relevant information submitted with
"Part B" of the permit application and specify requirements for this period
sufficient to meet the performance standards of rules
3745-266-104 to
3745-266-107 of the
Administrative Code based on
engineering judgment.
(4) Final permit period. For the final period
of operation, the director will develop operating requirements in conformance
with paragraph (E) of rule
3745-266-102 of the
Administrative Code that reflect conditions in the trial burn plan and are
likely to ensure compliance with the performance standards of rules
3745-266-104 to
3745-266-107 of the
Administrative Code. Based on the trial burn results, the director shall make
any necessary modifications to the operating requirements to ensure compliance
with the performance standards. The permit modification shall proceed according
to rule 3745-50-51 of the Administrative
Code.
(C) Requirements
for trial burn plans. The trial burn plan shall include the following
information. The director, in reviewing the trial burn plan, shall evaluate the
sufficiency of the information provided and may require the applicant to
supplement this information, if necessary, to achieve the purposes of
paragraph (C) of this rule:
(1) An analysis
of each feedstream, including hazardous waste, other fuels,
and industrial furnace feedstocks, as fired, that includes both:
(a) Heating value, levels of antimony,
arsenic, barium, beryllium, cadmium, chromium, lead, mercury, silver, thallium,
total chlorine or chloride, and ash.
(b) Viscosity or description of the physical
form of the feedstream.
(2) An analysis of each hazardous waste, as
fired, including all of the following:
(a) An
identification of any hazardous organic constituents listed in the appendix to
rule 3745-51-11 of the Administrative
Code that are present in the feedstream, except that the
applicant need not analyze for constituents listed in the appendix to rule
3745-51-11 of the Administrative
Code that would reasonably not be expected to be found in the hazardous waste.
The constituents excluded from analysis shall be identified and the basis for
this exclusion explained. The waste analysis shall rely on appropriate
analytical techniques.
(b) An
approximate quantification of the hazardous constituents identified in the
hazardous waste, within the precision produced by appropriate analytical
methods.
(c) A description of
blending procedures, if applicable, prior to firing the hazardous waste,
including a detailed analysis of the hazardous waste prior to blending, an
analysis of the material with which the hazardous waste is blended, and
blending ratios.
(3) A
detailed engineering description of the boiler or industrial furnace, including
all of the following:
(a) Manufacturer's name
and model number of the boiler or industrial furnace.
(b) Type of boiler or industrial
furnace.
(c) Maximum design
capacity in appropriate units.
(d)
Description of the feed system for the hazardous waste, and, as appropriate,
other fuels and industrial furnace feedstocks.
(e) Capacity of hazardous waste feed
system.
(f) Description of
automatic hazardous waste feed cutoff systems.
(g) Description of any air pollution control
system.
(h) Description of stack
gas monitoring and any pollution control monitoring systems.
(4) 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.
(5) A detailed test schedule for each
hazardous waste for which the trial burn is planned, including dates, duration,
quantity of hazardous waste to be burned, and other factors relevant to the
director's decision under paragraph (B)(2) of this rule.
(6) A detailed test protocol, including, for
each hazardous waste identified, the ranges of hazardous waste feed rate, and,
as appropriate, the feed rates of other fuels and industrial furnace
feedstocks, and any other relevant parameters that may affect the ability of
the boiler or industrial furnace to meet the performance standards in rules
3745-266-104 to
3745-266-107 of the
Administrative Code.
(7) A
description of, and planned operating conditions for, any emission control
equipment that will be used.
(8)
Procedures for rapidly stopping the hazardous waste feed and controlling
emissions in the event of an equipment malfunction.
(9) Such other information as the director
reasonably finds necessary to determine whether to approve the trial burn plan
in light of the purposes of paragraph (C) of this rule and the criteria in paragraph (B) (2) of this
rule.
(D) Trial burn
procedures.
(1) A trial burn shall be
conducted to demonstrate conformance with the standards of rules
3745-266-104 to
3745-266-107 of the
Administrative Code under an approved trial burn plan.
(2) The director shall approve a trial burn
plan if the director finds that all of the following:
(a) The trial burn is likely to determine
whether the boiler or industrial furnace can meet the performance standards of
rules 3745-266-104 to
3745-266-107 of the
Administrative Code.
(b) The trial
burn itself does not present an imminent hazard to human health
and the environment.
(c) The trial
burn will help the director to determine operating requirements to be specified
under paragraph (E) of rule
3745-266-102 of the
Administrative Code.
(d) The
information sought in the trial burn cannot reasonably be developed through
other means.
(3) 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 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 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.
(4) The applicant shall submit to the
director a certification that the trial burn has been carried out in accordance
with the approved trial burn plan, and shall submit the results of all the
determinations required in paragraph (C) of this rule. This submittal shall be
made within ninety days after completion of the trial burn, or later if
approved by the director.
(5) All
data collected during any trial burn shall be submitted to the director
after completion of the trial burn.
(6) All submittals required by
paragraph (D) 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.
(E) Special
procedures for destruction and removal efficiency (DRE) trial burns. When a DRE
trial burn is required under paragraph (A) of rule
3745-266-104 of the
Administrative Code, the director will specify (based on the hazardous waste
analysis data and other information in the trial burn plan) as trial principal
organic hazardous constituents (POHCs) those compounds for which destruction
and removal efficiencies shall be calculated during the trial burn. These trial
POHCs will be specified by the director based on information including the
director's estimate of the difficulty of destroying the constituents identified
in the hazardous waste analysis,
concentrations or mass of the constituents in the
hazardous waste feed, and, for hazardous waste containing or derived from
wastes listed in rules
3745-51-30 to
3745-51-35 of the Administrative
Code, the hazardous waste organic constituents identified in the appendix to
rule 3745-51-30 of the Administrative
Code as the basis for listing.
(F)
Determinations based on trial burn. During each approved trial burn (or as soon
after the burn as is practicable), the applicant shall make all of the
following determinations:
(1) A quantitative
analysis of the levels of antimony, arsenic, barium, beryllium, cadmium,
chromium, lead, mercury, thallium, silver, and chlorine or chloride, in the
feedstreams (hazardous waste, other fuels, and
industrial furnace feedstocks).
(2)
When a DRE trial burn is required under paragraph (A) of rule
3745-266-104 of the
Administrative Code, all of the following are required:
(a) A quantitative analysis of the trial
POHCs in the hazardous waste feed.
(b) A quantitative analysis of the stack gas
for the concentration and mass emissions of the trial POHCs.
(c) A computation of DRE, in accordance with
the DRE formula specified in paragraph (A) of rule
3745-266-104 of the
Administrative Code.
(3)
When a trial burn for chlorinated dioxins and furans is required under
paragraph (E) of rule
3745-266-104 of the
Administrative Code, a quantitative analysis of the stack gas for the
concentration and mass emission rate of the 2,3,7,8-chlorinated tetra- to octa-
congeners of chlorinated dibenzo-p-dioxins and furans, and a computation
showing conformance with the emission standard.
(4) When a trial burn for particulate matter,
metals, or hydrogen chloride or chlorine is required under rule 3745-266-105,
or paragraph (C) or (D) of rule 3745-266-106, or paragraph (B)(2) or (C) of
rule 3745-266-107 of the
Administrative Code, a quantitative analysis of the stack gas for the
concentrations and mass emissions of particulate matter, metals, or hydrogen
chloride and chlorine, and computations showing conformance with the applicable
emission performance standards in Chapter 3745-266 of the Administrative
Code.
(5) When a trial burn for
DRE, metals, or hydrogen chloride or chlorine is required under paragraph (A)
of rule 3745-266-104, paragraph (C) or (D) of rule 3745-266-106, or paragraph
(B)(2) or (C) of rule
3745-266-107 of the
Administrative Code, a quantitative analysis of the scrubber water (if any),
ash residues, other residues, and products, for
the purpose of estimating the fate of the trial POHCs, metals, and chlorine or
chloride.
(6) An identification of
sources of fugitive emissions and the means to control the fugitive
emissions.
(7) A continuous
measurement of carbon monoxide, oxygen, and where required, hydrocarbons, in
the stack gas.
(8) Such other
information as the director may specify as necessary to ensure that the trial
burn will determine compliance with the performance standards in rules
3745-266-104 to
3745-266-107 of the
Administrative Code and to establish the operating conditions required by
paragraph (E) of rule
3745-266-102 of the
Administrative Code as necessary to meet those performance standards.
(G) Permit by rule boilers and
industrial furnaces. For the purpose of determining feasibility of compliance
with the performance standards of rules
3745-266-104 to
3745-266-107 of the
Administrative Code and
adequate operating conditions under rule
3745-266-103 of the
Administrative Code, applicants owning or operating existing boilers or
industrial furnaces operated under rule
3745-266-103 of the
Administrative Code either shall prepare and submit a trial burn plan and
perform a trial burn in accordance with this rule, or shall submit other information as specified in
paragraphs (C)(9)(a)(vi) to (C)(9)(a)(vi)(b) of rule
3745-50-44 of the Administrative
Code. The director shall announce the director's intention to approve of the
trial burn plan in accordance with the timing and distribution requirements of
paragraph (D)(3) 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 the Ohio EPA
contact office, 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
periods during which the trial burn would be conducted. Applicants who submit a
trial burn plan and receive approval before submittal of the "Part B" permit
application shall complete the trial burn and submit the results specified in
paragraph (F) of this rule with the "Part B" 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. If the
applicant submits a trial burn plan with "Part B" of the permit application,
the trial burn shall be conducted and the results submitted within a time
period prior to permit issuance to be specified by the director.
[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."]
