Current through Register Vol. 48, No. 9, September 27, 2024
When an owner or operator of a cement or lightweight
aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid
production furnace becomes subject to RCRA permit requirements after October
12, 2005, 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 part 63, subpart EEE, (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, of this chapter), the
requirements of this section do not apply. The requirements of this section do
apply, however, if the Department determines certain provisions are necessary
to ensure compliance with sections 266.102(e)(1) and 266.102(e)(2)(iii) 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 or
if you are an area source and elect to comply with the section 266.105,
266.106, and 266.107 standards and associated requirements for particulate
matter, hydrogen chloride and chlorine gas, and non-mercury metals; or the
Department determines certain provisions apply, 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).
(a) Trial burns.
(1) General. Except as provided below, owners
and operators that are subject to the standards to control organic emissions
provided by R.61-79.266.104, standards to control particulate matter provided
by R.61-79.266.105, standards to control metals emissions provided by
R.61-79.266.106, or standards to control hydrogen chloride or chlorine gas
emissions provided by R.61-79.266.107 must conduct a trial burn to demonstrate
conformance with those standards and must submit a trial burn plan or the
results of a trial burn, including all required determinations, in accordance
with R.61-79.270.66.
(i) A trial burn to
demonstrate conformance with a particular emission standard may be waived under
provisions of 266.104 through 266.107 and paragraphs (a)(2) through (a)(5) of
this section; and
(ii) The owner or
operator may submit data in lieu of a trial burn, as prescribed in paragraph
(a)(6) of this section.
(2) Waiver of trial burn for DRE--
(i) Boilers operated under special operating
requirements. When seeking to be permitted under R.61-79.266.104(a)(4)(a)(4)
and 266.110 that automatically waive the DRE trial burn, the owner or operator
of a boiler must submit documentation that the boiler operates under the
special operating requirements provided by R.61-79.266.110.
(ii) Boilers and industrial furnaces burning
low risk waste. When seeking to be permitted under the provisions for low risk
waste provided by 266.104(a)(5) and 266.109(a) that waive the DRE trial burn,
the owner or operator must submit:
(A)
Documentation that the device is operated in conformance with the requirements
of 266.109(a)(1).
(B) Results of
analyses of each waste to be burned, documenting the concentrations of nonmetal
compounds listed in appendix VIII of R.61-79.261, except for those constituents
that would reasonably not be expected to be in the waste. The constituents
excluded from analysis must be identified and the basis for their exclusion
explained. The analysis must rely on analytical techniques specified in Test
Methods for Evaluating Solid Waste, Physical/Chemical Methods (incorporated by
reference, see 260.11).
(C)
Documentation of hazardous waste firing rates and calculations of reasonable,
worst-case emission rates of each constituent identified in paragraph
(a)(2)(ii)(B) of this section using procedures provided by
266.109(a)(2)(ii).
(D) Results of
emissions dispersion modeling for emissions identified in paragraphs
(a)(2)(ii)(C) of this section using modeling procedures prescribed by
266.106(h). The Department will review the emission modeling conducted by the
applicant to determine conformance with these procedures. The Department will
either approve the modeling or determine that alternate or supplementary
modeling is appropriate.
(E)
Documentation that the maximum annual average ground level concentration of
each constituent identified in paragraph (a)(2)(ii)(B) of this section
quantified in conformance with paragraph (a)(2)(ii)(D) of this section does not
exceed the allowable ambient level established in appendices IV or V of part
266. The acceptable ambient concentration for emitted constituents for which a
specific Reference Air Concentration has not been established in appendix IV or
Risk-Specific Dose has not been established in appendix V is 0.1 micrograms per
cubic meter, as noted in the footnote to appendix IV.
(3) Waiver of trial burn for
metals. When seeking to be permitted under the Tier I (or adjusted Tier I)
metals feed rate screening limits provided by 266.106(b) and (e) that control
metals emissions without requiring a trial burn, the owner or operator must
submit:
(i) Documentation of the feed rate of
hazardous waste, other fuels, and industrial furnace feed stocks;
(ii) Documentation of the concentration of
each metal controlled by 266.106(b) or (e) in the hazardous waste, other fuels,
and industrial furnace feedstocks, and calculations of the total feed rate of
each metal;
(iii) Documentation of
how the applicant will ensure that the Tier I feed rate screening limits
provided by 266.106(b) or (e) will not be exceeded during the averaging period
provided by that paragraph;
(iv)
Documentation to support the determination of the terrain-adjusted effective
stack height, good engineering practice stack height, terrain type, and land
use as provided by 266.106(b)(3) through (b)(5);
(v) Documentation of compliance with the
provisions of 266.106(b)(6), if applicable, for facilities with multiple
stacks;
(vi) Documentation that the
facility does not fail the criteria provided by 266.106(b)(7) for eligibility
to comply with the screening limits; and
(vii) Proposed sampling and metals analysis
plan for the hazardous waste, other fuels, and industrial furnace feed
stocks.
(4) Waiver of
trial burn for particulate matter. When seeking to be permitted under the low
risk waste provisions of 266.109(b) which waives the particulate standard (and
trial burn to demonstrate conformance with the particulate standard),
applicants must submit documentation supporting conformance with paragraphs
(a)(2)(ii) and (a)(3) of this section.
(5) Waiver of trial burn for HCI and
CI2. When seeking to be permitted under the Tier I (or
adjusted Tier I) feed rate screening limits for total chloride and chlorine
provided by 266.107(b)(1) and (e) of this chapter that control emissions of
hydrogen chloride (HCI) and chlorine gas (CI2) without
requiring a trial burn, the owner or operator must submit:
(i) Documentation of the feed rate of
hazardous waste, other fuels, and industrial furnace feed stocks;
(ii) Documentation of the levels of total
chloride and chlorine in the hazardous waste, other fuels, and industrial
furnace feedstocks, and calculations of the total feed rate of total chloride
and chlorine;
(iii) Documentation
of how the applicant will ensure that the Tier I (or adjusted Tier I) feed rate
screening limits provided by 266.107(b)(1) or (e) will not be exceeded during
the averaging period provided by that paragraph;
(iv) Documentation to support the
determination of the terrain-adjusted effective stack height, good engineering
practice stack height, terrain type, and land use as provided by
266.107(b)(3);
(v) Documentation of
compliance with the provisions of 266.107(b)(4), if applicable, for facilities
with multiple stacks;
(vi)
Documentation that the facility does not fail the criteria provided by
266.107(b)(3) for eligibility to comply with the screening limits;
and
(vii) Proposed sampling and
analysis plan for total chloride and chlorine for the hazardous waste, other
fuels, and industrial furnace feedstocks.
(6) Data in lieu of trial burn. The owner or
operator may seek an exemption from the trial burn requirements to demonstrate
conformance with 266.104 through 266.107 and 270.66 by providing the
information required by 270.66 from previous compliance testing of the device
in conformance with 266.103, or from compliance testing or trial or operational
burns of similar boilers or industrial furnaces burning similar hazardous
wastes under similar conditions. If data from a similar device is used to
support a trial burn waiver, the design and operating information required by
270.66 must be provided for both the similar device and the device to which the
data is to be applied, and a comparison of the design and operating information
must be provided. The Department shall approve a permit application without a
trial burn if he finds that the hazardous wastes are sufficiently similar, the
devices are sufficiently similar, the operating conditions are sufficiently
similar, and the data from other compliance tests, trial burns, or operational
burns are adequate to specify (under 266.102) operating conditions that will
ensure conformance with 266.102(c). In addition, the following information
shall be submitted:
(i) For a waiver from any
trial burn:
(A) A description and analysis of
the hazardous waste to be burned compared with the hazardous waste for which
data from compliance testing, or operational or trial burns are provided to
support the contention that a trial burn is not needed;
(B) The design and operating conditions of
the boiler or industrial furnace to be used, compared with that for which
comparative burn data are available; and
(C) Such supplemental information as the
Department finds necessary to achieve the purposes of this paragraph.
(ii) For a waiver of the DRE trial
burn, the basis for selection of POHCs used in the other trial or operational
burns which demonstrate compliance with the DRE performance standard in
266.104(a). This analysis should specify the constituents in appendix VIII,
part 261, that the applicant has identified in the hazardous waste for which a
permit is sought, and any differences from the POHCs in the hazardous waste for
which burn data are provided.
(b) Alternative HC limit for industrial
furnaces with organic matter in raw materials. Owners and operators of
industrial furnaces requesting an alternative HC limit under 266.104(f) shall
submit the following information at a minimum:
(1) Documentation that the furnace is
designed and operated to minimize HC emissions from fuels and raw
materials;
(2) Documentation of the
proposed baseline flue gas HC (and CO) concentration, including data on HC (and
CO) levels during tests when the facility produced normal products under normal
operating conditions from normal raw materials while burning normal fuels and
when not burning hazardous waste;
(3) Test burn protocol to confirm the
baseline HC (and CO) level including information on the type and flow rate of
all feedstreams, point of introduction of all feedstreams, total organic carbon
content (or other appropriate measure of organic content) of all nonfuel
feedstreams, and operating conditions that affect combustion of fuel(s) and
destruction of hydrocarbon emissions from nonfuel sources;
(4) Trial burn plan to:
(i) Demonstrate that flue gas HC (and CO)
concentrations when burning hazardous waste do not exceed the baseline HC (and
CO) level; and
(ii) Identify the
types and concentrations of organic compounds listed in appendix VIII, part
261, that are emitted when burning hazardous waste in conformance with
procedures prescribed by the Department;
(5) Implementation plan to monitor over time
changes in the operation of the facility that could reduce the baseline HC
level and procedures to periodically confirm the baseline HC level;
and
(6) Such other information as
the Department finds necessary to achieve the purposes of this
paragraph.
(c)
Alternative metals implementation approach. When seeking to be permitted under
an alternative metals implementation approach under R.61-79.266.106(f)(f), the
owner or operator must submit documentation specifying how the approach ensures
compliance with the metals emissions standards of 266.106(c) or (d) and how the
approach can be effectively implemented and monitored. Further, the owner or
operator shall provide such other information that the Department finds
necessary to achieve the purposes of this paragraph.
(d) Automatic waste feed cutoff system.
Owners and operators shall submit information describing the automatic waste
feed cutoff system, including any pre-alarm systems that may be used.
(e) Direct transfer. Owners and operators
that use direct transfer operations to feed hazardous waste from transport
vehicles (containers, as defined in R.61-79.266.111) directly to the boiler or
industrial furnace shall submit information supporting conformance with the
standards for direct transfer provided by R.61-79.266.111.
(f) Residues. Owners and operators that claim
that their residues are excluded from regulation under the provisions of
R.61-79.266.112 must submit information adequate to demonstrate conformance
with those provisions.
