Current through Register Vol. 48, No. 9, September 27, 2024
Except as 264.340 and 270.19(e) provide otherwise, owners
and operators of facilities that incinerate hazardous waste must fulfill the
requirements of (a), (b), or (c).
(a)
When seeking exemption under R.61-79.264.340 (b) or (c) (ignitable, corrosive
or reactive wastes only);
(1) Documentation
that the waste is listed as a hazardous waste in R.61-79.261 subpart D solely
because it is ignitable (Hazard Code I) or corrosive (Hazard Code C) or both;
(revised 5/96) or
(2) Documentation
that the waste is listed as a hazardous waste in R.61-79.261 Subpart D solely
because it is reactive (Hazard Code R) for characteristics other than those
listed in 261.23(a)(4) and (5), and will not be burned when other hazardous
wastes are present in the combustion zone; or
(3) Documentation that the waste is a
hazardous waste solely because it possesses the characteristic of ignitability,
corrosivity, or both, as determined by the tests for characteristics of
hazardous wastes under R.61-79.261 Subpart C; or
(4) Documentation that the waste is a
hazardous waste solely because it possesses the reactivity characteristics
listed in R.61-79.261.23(a)(1), (2), (3), (6), (7) or (8)(a)(1), (2), (3), (6),
(7) or (8), and that it will not be burned when other hazardous wastes are
present in the combustion zone; or
(b) Submit a trial burn plan or the results
of a trial burn, including all required determinations, in accordance with
Section270.62; or
(c) In lieu of a
trial burn, the applicant may submit the following information:
(1) An analysis of each waste or mixture of
wastes to be burned including:
(i) Heat value
of the waste in the form and composition in which it will be burned;
(ii) Viscosity (if applicable), or
description of physical form of the waste;
(iii) An identification of any hazardous
organic constituents listed in R.61-79.261, appendix VIII, which are present in
the waste to be burned, except that the applicant need not analyze for
constituents listed in R.61-79.261, appendix VIII, which would reasonably not
be expected to be found in the waste. The constituents excluded from analysis
must be identified and the basis for their exclusion stated. The waste analysis
must rely on analytical techniques specified in "Test Methods for Evaluating
Solid Waste, Physical/Chemical Methods," EPA Publication SW-846, as
incorporated by reference in R.61-79.260.11 and Section270.6, or other
equivalent.
(iv) An approximate
quantification of the hazardous constituents identified in the waste, within
the precision produced by the analytical methods specified in "Test Methods for
Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846, as
incorporated by reference in R.61-79.260.11 and Section270.6. (revised
12/92)
(v) A quantification of
those hazardous constituents in the waste which may be designated as POHC's
based on data submitted from other trial or operational burns which demonstrate
compliance with the performance standard in R.61-79.264.343.
(2) A detailed engineering
description of the incinerator, including:
(i)
Manufacturer's name and model number of incinerator.
(ii) Type of incinerator.
(iii) Linear dimension of incinerator unit
including cross sectional area of combustion chamber.
(iv) Description of auxiliary fuel system
(type/feed).
(v) Capacity of prime
mover.
(vi) Description of
automatic waste feed cutoff system(s).
(vii) Stack gas monitoring and pollution
control monitoring system.
(viii)
Nozzle and burner design.
(ix)
Construction materials.
(x)
Location and description of temperature, pressure, and flow indicating devices
and control devices.
(3)
A description and analysis of the waste to be burned compared with the waste
for which data from operational or trial burns are provided to support the
contention that a trial burn is not needed. The data should include those items
listed in Paragraph (c)(1) of this section. This analysis should specify the
POHC's which the applicant has identified in the waste for which a permit is
sought, and any differences from the POHC's in the waste for which burn data
are provided.
(4) The design and
operating conditions of the incinerator unit to be used, compared with that for
which comparative burn data are available.
(5) A description of the results submitted
from any previously conducted trial burn(s) including:
(i) Sampling and analysis techniques used to
calculate performance standards in R.61-79.264.343.
(ii) Methods and results of monitoring
temperatures, waste feed rates, carbon monoxide, and an appropriate indicator
of combustion gas velocity (including a statement concerning the precision and
accuracy of this measurement),
(6) The expected incinerator operation
information to demonstrate compliance with R.61-79.264.343 and 264.345
including:
(i) Expected carbon monoxide (CO)
level in the stack exhaust gas.
(ii) Waste feed rate.
(iii) Combustion zone temperature.
(iv) Indication of combustion gas
velocity.
(v) Expected stack gas
volume, flow rate, and temperature.
(vi) Computed residence time for waste in the
combustion zone.
(vii) Expected
hydrochloric acid removal efficiency.
(viii) Expected fugitive emissions and their
control procedures.
(ix) Proposed
waste feed cut-off limits based on the identified significant operating
parameters.
(7) Such
supplemental information as the Department finds necessary to achieve the
purposes of this paragraph.
(8)
Waste analysis data, including that submitted in paragraph (c)(1) above,
sufficient to allow the Department to specify as permit Principal Organic
Hazardous Constituents (permit POHC's) those constituents for which destruction
and removal efficiencies will be required.
(d) The Department will consider a permit
application without a trial burn if he finds that:
(1) The wastes are sufficiently similar;
and
(2) The incinerator units are
sufficiently similar and the data from other trial burns are adequate to
specify (under 264.345) operating conditions that will ensure that the
performance standards in Section264.343 will be met by the
incinerator.
(e) When an
owner or operator of a hazardous waste incineration unit becomes subject to
RCRA permit requirements after October 12, 2005, or when an owner or operator
of an existing hazardous waste incineration unit demonstrates compliance with
the air emission standards and limitations of section 63, subpart EEE of this
chapter, (i.e., by conducting a comprehensive performance test and submitting a
Notification of Compliance) under sections 63.1207(j) and 63.1210(d) of this
chapter documenting compliance with all applicable requirements of part 63,
subpart EEE, the requirements do not apply, except those provisions the
Department determines are necessary to ensure compliance with sections
264.345(a) and 264.345(c) of this chapter if you elect to comply with section
270.235(a)(1)(i) to minimize emissions of toxic compounds from startup,
shutdown, and malfunction events. Nevertheless, the Department may apply the
provisions, on a case-by-case basis, for purposes of information collection in
accordance with sections 270.10(k), 270.10(l), 270.32(b)(2), and
270.32(b)(3).
