Current through Register Vol. 48, 12, December 27, 2024
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 in 40
CFR part 63 , Subpart EEE, (i.e., by conducting a comprehensive performance
test and submitting a Notification of Compliance, under 63.1207(j) and
63.1210(d) 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 264.345(a) and
264.345(c) if you elect to comply with 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 270.10(k), 270.10(l),
270.32(b)(2), and 270.32(b)(3).
(a)
For the purposes of determining operational readiness following completion of
physical construction, the Department may establish permit conditions,
including but not limited to allowable waste feeds and operating conditions in
the permit to a new hazardous waste incinerator. These permit conditions will
be effective for the minimum time required to bring the incinerator to a point
of operational readiness sufficient to conduct a trial burn, not to exceed 720
hours operating time for treatment of hazardous waste. The Department may
extend the duration of this operational period once, for up to 720 additional
hours, at the request of the applicant when good cause is shown. The permit may
be modified to reflect the extension according to Section270.42 (Permit
modifications at the request of the permittee).
(1) Applicants must submit a statement, with
Part B of the permit application, which suggests the conditions necessary to
operate in compliance with the performance standards of R.61-79.264.343 during
this period. This statement should include, at a minimum, restrictions on waste
constituents, waste feed rates and the operating parameters identified in
R.61-79.264.345.
(2) The Department
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 R.61-79.264.343 based on its
engineering judgement.
(b) For the purposes of determining
feasibility of compliance with the performance standards of R.61-79.264.343 and
of determining adequate operating conditions under R.61-79.264.345, the
Department must establish conditions in the permit for a new hazardous waste
incinerator to be effective during the trial burn.
(1) Applicants must propose a trial burn
plan, prepared under paragraph (b)(2) of this Section with a Part B of the
permit application.
(2) The trial
burn plan must include the following information:
(i) An Analysis of each waste or mixture of
wastes to be burned which includes:
(A) Heat
value of the waste in the form and composition in which it will be
burned.
(B) Viscosity (if
applicable), or description of physical form of the waste.
(C) 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 the 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.
(D) An approximate quantification of the
hazardous constituents identified in the waste, within the precision produced
by the analytical methods specified in "Test Methods for the Evaluating Solid
Waste, Physical/Chemical Methods," EPA Publication SW-846, as incorporated by
reference in R.61-79.260.11 and Section270.6, or their equivalent.
(ii) A detailed engineering
description of the incinerator for which the permit is sought including:
(A) Manufacturer's name and model number of
incinerator (if available).
(B)
Type of incinerator.
(C) Linear
dimensions of the incinerator unit including the cross sectional area of
combustion chamber.
(D) Description
of the auxiliary fuel system (type/ feed).
(E) Capacity of prime mover.
(F) Description of automatic waste feed
cut-off system(s).
(G) Stack gas
monitoring and pollution control equipment.
(H) Nozzle and burner design.
(I) Construction materials.
(J) Location and description of temperature,
pressure, and flow indicating and control devices.
(iii) 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.
(iv) A detailed test schedule for each waste
for which the trial burn is planned including date(s), duration, quantity of
waste to be burned, and other factors relevant to the Department decision under
paragraph (b)(5) of this Section.
(v) 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.
(vi) A description of,
and planned operating conditions for, any emission control equipment which will
be used.
(vii) Procedures for
rapidly stopping waste feed, shutting down the incinerator, and controlling
emissions in the event of an equipment malfunction.
(viii) Such other information as the
Department reasonably finds necessary to determine whether to approve the trial
burn plan in light of the purposes of this paragraph and the criteria in
paragraph (b)(5) of this section.
(3) The Department, 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 this paragraph.
(4)
Based on the waste analysis data in the trial burn plan, the Department will
specify as trial Principal Organic Hazardous Constituents (POHCs), those
constituents for which destruction and removal efficiencies must be calculated
during the trial burn. These trial POHCs will be specified by the Department
based on its estimate of the difficulty of incineration of the constituents
identified in the waste analysis, their concentration or mass in the waste
feed, and, for wastes listed in R.61-79.261 Subpart D, the hazardous waste
organic constituent or constituents identified in Appendix VII of that Part as
the basis for listing.
(5) The
Department will approve a trial burn plan if he finds that:
(i) The trial burn is likely to determine
whether the incinerator performance standard required by R.61-79.264.343 can be
met;
(ii) The trial burn itself
will not present an imminent hazard to human health or the
environment;
(iii) The trial burn
will help the Department to determine operating requirements to be specified
under R.61-79.264.345; and
(iv) The
information sought in paragraphs (b)(5)(i) and (ii) of this Section cannot
reasonably be developed through other means.
(6) The Department must send a notice to all
persons on the facility mailing list as set forth in 124.10(c)(1)(iv) and to
the appropriate units of State and local government as set forth in
124.10(c)(1)(v) announcing the scheduled commencement and completion dates for
the trial burn. The applicant may not commence the trial burn until after the
Department has issued such notice.
(i) This
notice must 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 the permitting
agency.
(ii) This notice must
contain:
(A) The name and telephone number of
the applicant's contact person;
(B)
The name and telephone number of the permitting agency's contact
office;
(C) The location where the
approved trial burn plan and any supporting documents can be reviewed and
copied; and
(D) 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 must make the
following determinations:
(i) A quantitative
analysis of the trial POHCs in the waste feed to the incinerator.
(ii) A quantitative analysis of the exhaust
gas for the concentration and mass emissions of the trial POHCs, oxygen
(O2) and hydrogen chloride (HCl).
(iii) A quantitative analysis of the scrubber
water (if any), ash residues, and other residues, for the purpose of estimating
the fate of the trial POHCs.
(iv) A
computation of destruction and removal efficiency (DRE), in accordance with the
DRE formula specified in R.61-79.264.343(a)(a).
(v) If the HCl emission rate exceeds 1.8
kilograms of HCl per hour (4 pounds per hour), a computation of HCl removal
efficiency in accordance with R.61-79.264.343(b)(b).
(vi) A computation of particulate emissions,
in accordance with R.61-79.264.343(c)(c).
(vii) An identification of sources of
fugitive emissions and their means of control.
(viii) A measurement of average, maximum, and
minimum temperatures and combustion gas velocity.
(ix) A continuous measurement of carbon
monoxide (CO) in the exhaust gas.
(x) Such other information as the Department
may specify as necessary to ensure that the trial burn will determine
compliance with the performance standards in R.61-79.264.343 and to establish
the operating conditions required by R.61-79.264.345 as necessary to meet that
performance standard.
(8) The applicant must submit to the
Department a certification that the trial burn has been carried out in
accordance with the approved trial burn plan, and must submit the results of
all the determinations required in paragraph (b)(6) above. This submission
shall be made within 90 days of completion of the trial burn, or later if
approved by the Department.
(9) All
data collected during any trial burn must be submitted to the Department
following the completion of the trial burn.
(10) All submissions required by this
paragraph must be certified on behalf of the applicant by the signature of a
person authorized to sign a permit application or a report under
R.61-79.270.11.
(11) Based on the
results of the trial burn, the Department will set the operating requirements
in the final permit according to R.61-79.264.345. The permit modification shall
proceed according to Section270.42.
(c) For the purposes of allowing operation of
a new hazardous waste incinerator following completion of the trial burn and
prior to final modification of the permit conditions to reflect the trial burn
results, the Department may establish permit conditions, including but not
limited to allowable waste feeds and operating conditions sufficient to meet
the requirements of R.61-79.264.345 in the permit of a new hazardous waste
incinerator. These permit conditions will be effective for the minimum time
required to complete sample analysis, data computation and submission of the
trial burn results by the applicant, and modification of the facility permit by
the Department.
(1) Applicants must submit a
statement, with Part B of the permit application, which identifies the
conditions necessary to operate in compliance with the performance standards of
R.61-79.264.343 during this period. This statement should include, at a
minimum, restrictions on waste constituents, waste feed rates, and the
operating parameters in Section264.345.
(2) The Department will review this statement
and any other relevant information submitted with Part B of the permit
application and specify those requirements for this period most likely to meet
the performance standards of R.61-79.264.343 based on his engineering
judgement.
(d) For the
purpose of determining feasibility of compliance with the performance standards
of 264.343 and of determining adequate operating conditions under 264.345, the
applicant for a permit for an existing hazardous waste incinerator must prepare
and submit a trial burn plan and perform a trial burn in accordance with
270.19(b) and paragraphs (b)(2) through (b)(5) and (b)(7) through (b)(10) of
this section or, instead, submit other information as specified in 270.19(c).
The Department must announce its intention to approve the trial burn plan in
accordance with the timing and distribution requirements of paragraph (b)(6) of
this section. The contents of the notice must include: the name and telephone
number of a contact person at the facility; the name and telephone number of a
contact office at the permitting Department; 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 Department approval of the plan and the time
period during which the trial burn would be conducted. Applicants submitting
information under 270.19(a) are exempt from compliance with 264.343 and 264.345
and, therefore, are exempt from the requirement to conduct a trial burn.
Applicants who submit trial burn plans and receive approval before submission
of a permit application must complete the trial burn and submit the results,
specified in paragraph (b)(7) of this section, with part B of the permit
application. If completion of this process conflicts with the date set for
submission of the part B application, the applicant must contact the Department
to establish a later date for submission of the part B application or the trial
burn results. Trial burn results must be submitted prior to issuance of the
permit. When the applicant submits a trial burn plan with part B of the permit
application, the Department will specify a time period prior to permit issuance
in which the trial burn must be conducted and the results submitted. (11/90,
12/92, 12/93, 9/98, 11/99)
