Current through Register Vol. 48, No. 9, September 27, 2024
(a) General. The owner or operator must
comply with the metals standards provided by paragraphs (b), (c), (d), (e), or
(f) of this section for each metal listed in paragraph (b) of this section that
is present in the hazardous waste at detectable levels using analytical
procedures specified in Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods (SW-846), incorporated by reference in 260.11 of this
chapter.
(b) Tier I feed rate
screening limits. Feed rate screening limits for metals are specified in
appendix I of this part 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 section.
(1) Noncarcinogenic metals. The feed rates of
antimony, barium, lead, mercury, thallium, and silver in all feed streams,
including hazardous waste, fuels, and industrial furnace feed stocks shall not
exceed the screening limits specified in appendix I of this part.
(i) The feed rate screening limits for
antimony, barium, mercury, thallium, and silver are based on either:
(A) An hourly rolling average as defined in
266.102(e)(6)(i)(B); or
(B) An
instantaneous limit not to be exceeded at any time.
(ii) The feed rate screening limit for lead
is based on one of the following:
(A) n hourly
rolling average as defined in 266.102(e)(6)(i)(B);
(B) An averaging period of 2 to 24 hours as
defined in 266.102(e)(6)(ii) with an instantaneous feed rate limit not to
exceed 10 times the feed rate that would be allowed on an hourly rolling
average basis; or
(C) An
instantaneous limit not to be exceeded at any time.
(2) Carcinogenic metals.
(i) The feed rates of arsenic, cadmium,
beryllium, and chromium in all feed streams, including hazardous waste, fuels,
and industrial furnace feed stocks shall not exceed values derived from the
screening limits specified in appendix I of this part. 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 I shall
not exceed 1.0, as provided by the following equation:
See
Image
where:
n=number of carcinogenic metals
AFR=actual feed rate to the device for metal "i"
FRSL=feed rate screening limit provided by appendix I of
this part for metal "i".
(ii) The feed rate screening limits for the
carcinogenic metals are based on either:
(A)
An hourly rolling average; or
(B)
An averaging period of 2 to 24 hours as defined in 266.102(e)(6)(ii) with an
instantaneous feed rate limit not to exceed 10 times the feed rate that would
be allowed on an hourly rolling average basis.
(3) TESH.
(i) 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 VI of this part
as a function of stack flow rate and stack gas exhaust temperature.
Tr=Terrain rise within five kilometers of the stack.
(ii) The stack height (Ha) may not
exceed good engineering practice as specified in
40
CFR 51.100(ii).
(iii) If the TESH for a particular facility
is not listed in the table in the appendices, the nearest lower TESH listed in
the table 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 5 kilometers of
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 appendices IX or X of this part shall
be used.
(6) Multiple stacks.
Owners and operators of facilities with more than one onsite stack from a
boiler, industrial furnace, incinerator, or other thermal treatment unit
subject to controls of metals emissions under a RCRA operating permit or
interim status controls must 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 worst-case 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
(m3/second); and
T=exhaust temperature (°K).
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 below are met,
the Tier I and Tier II screening limits do not apply. Owners and operators of
such facilities must comply with either the Tier III standards provided by
paragraph (d) of this section or with the adjusted Tier I feed rate screening
limits provided by paragraph (e) of this section.
(i) The device is located in a narrow valley
less than one kilometer wide;
(ii)
The device has a stack taller than 20 meters and is located such that the
terrain rises to the physical height within one kilometer of the
facility;
(iii) The device has a
stack taller than 20 meters and is located within five kilometers of a
shoreline of a large body of water such as an ocean or large lake;
(iv) 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
(v) The Department determines that standards
based on site-specific dispersion modeling are required.
(8) Implementation. The feed rate of metals
in each feedstream must 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 I 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
section.
(1) Noncarcinogenic metals. The
emission rates of antimony, barium, lead, mercury, thallium, and silver shall
not exceed the screening limits specified in Appendix I of this part.
(2) Carcinogenic metals. The emission rates
of arsenic, cadmium, beryllium, and chromium shall not exceed values derived
from the screening limits specified in Appendix I of this part. 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 I shall not exceed 1.0, as provided by the following
equation:
See
Image
where:
n=number of carcinogenic metals
AER=actual emission rate for metal "i"
ERSL=emission rate screening limit provided by appendix I
of this part for metal "i".
(3) Implementation. The emission rate limits
must be implemented by limiting feed rates of the individual metals to levels
during the trial burn (for new facilities or an interim status facility
applying for a permit) or the compliance test (for interim status facilities).
The feed rate averaging periods are the same as provided by paragraphs
(b)(1)(i) and (ii) and (b)(2)(ii) of this section. The feed rate of metals in
each feedstream must be monitored to ensure that the feed rate limits for the
feedstreams specified under 266.102 or 266.103 are not exceeded.
(4) Definitions and limitations. The
definitions and limitations provided by paragraph (b) of this section for the
following terms also apply to the Tier II emission rate screening limits
provided by paragraph (c) of this section: 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.
(i) Owners and operators of facilities with
more than one onsite stack from a boiler, industrial furnace, incinerator, or
other thermal treatment unit subject to controls on metals emissions under a
RCRA operating permit or interim status controls must 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.
(ii) The
worst-case stack is determined by procedures provided in paragraph (b)(6) of
this section.
(iii) 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. The requirements of this paragraph apply to
facilities complying with either the Tier III or Adjusted Tier I controls,
except where specified otherwise.
(1) General.
Conformance with the Tier III metals controls must 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 must be
demonstrated by air dispersion modeling to predict the maximum annual average
offsite ground level concentration for each metal, and a demonstration that
acceptable ambient levels are not exceeded.
(2) Acceptable ambient levels. Appendices IV
and V of this part 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 section.
(3) Carcinogenic
metals. For the carcinogenic metals, arsenic, cadmium, beryllium, and chromium,
the sum of the ratios of the predicted maximum annual average offsite ground
level concentrations (except that onsite concentrations must be considered if a
person resides on site) to the risk-specific dose (RSD) for all carcinogenic
metals emitted shall not exceed 1.0 as determined by the following equation:
See
Image
where: n=number of carcinogenic metals
(4) Noncarcinogenic metals. For the
noncarcinogenic metals, the predicted maximum annual average offsite ground
level concentration for each metal shall not exceed the reference air
concentration (RAC).
(5) Multiple
stacks. Owners and operators of facilities with more than one onsite stack from
a boiler, industrial furnace, incinerator, or other thermal treatment unit
subject to controls on metals emissions under a RCRA operating permit or
interim status controls must 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
onsite stacks do not result in an exceedance of the acceptable ambient
levels.
(6) Implementation. Under
Tier III, the metals controls must be implemented by limiting feed rates of the
individual metals to levels during the trial burn (for new facilities or an
interim status facility applying for a permit) or the compliance test (for
interim status facilities). The feed rate averaging periods are the same as
provided by paragraphs (b)(1) (i) and (ii) and (b)(2)(ii) of this section. The
feed rate of metals in each feedstream must be monitored to ensure that the
feed rate limits for the feedstreams specified under 266.102 or 266.103 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 I of this part to account for
site-specific dispersion modeling. Under this approach, the adjusted feed rate
screening limit for a metal is determined by back-calculating from the
acceptable ambient levels provided by appendices IV and V of this part 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 section.
(f) Alternative implementation approaches.
(1) The Department may approve on a
case-by-case basis approaches to implement the Tier II or Tier III metals
emission limits provided by paragraphs (c) or (d) of this section alternative
to monitoring the feed rate of metals in each feedstream.
(2) The emission limits provided by paragraph
(d) of this section must be determined as follows:
(i) For each noncarcinogenic metal, by
back-calculating from the RAC provided in appendix IV of this part 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 section; and
(ii) For each carcinogenic metal by:
(A) Back-calculating from the RSD provided in
appendix V of this part 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 section;
and
(B) 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)(ii)(A) of this section 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, EPA Publication SW846, as incorporated by reference in 260.11 of
this chapter.
(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, EPA Publication SW846,
as incorporated by reference in 260.11 of this part.
(h) Dispersion Modeling. Dispersion modeling
required under this section shall be conducted according to methods recommended
in appendix W, part 51 of this chapter ("Guidelines on Air Quality Models
(Revised)" (1986) and its supplements," the "Hazardous Waste Combustion Air
Quality Screening Procedure," provided in appendix IX of this part, or in
Screening Procedures for Estimating the Air Quality Impact of Stationary
Sources, (incorporated by reference in Section260.11) to predict the maximum
annual average offsite ground level concentration. However, onsite
concentration must be considered when a person resides onsite.
(i) Enforcement. For the purposes of permit
enforcement, compliance with the operating requirements specified in the permit
(under 266.102) will be regarded as compliance with this section. However,
evidence that compliance with those permit conditions is insufficient to ensure
compliance with the requirements of this section may be "information"
justifying modification or revocation and reissuance of a permit under 270.41
of this chapter.
