Current through Register Vol. 48, No. 9, September 27, 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 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 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. The
requirements of this section do apply, however, if the Department determines
certain provisions are necessary to ensure compliance with 266.102(e)(1) and
266.102(e)(2)(iii) if you elect to comply with 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 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 270.10(k), 270.10(l), 270.32(b)(2) , and
270.32(b)(3).
(a) General. Owners and
operators of new boilers and industrial furnaces (those not operating under the
interim status standards of 266.103 of this chapter) are subject to paragraphs
(b) through (f) of this section. Boilers and industrial furnaces operating
under the interim status standards of 266.103 of this chapter are subject to
paragraph (g) of this section.
(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 720 hours operating time when
burning hazardous waste, the Director must 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 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 270.42.
(i) Applicants must submit a statement, with
part B of the permit application, that suggests the conditions necessary to
operate in compliance with the standards of 266.104 through 266.107 of this
chapter during this period. This statement should include, at a minimum,
restrictions on the applicable operating requirements identified in 266.102(e)
of this chapter.
(ii) The Director
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 266.104 through 266.107 of this
chapter based on his/her engineering judgment.
(2) Trial burn period. For the duration of
the trial burn, the Director must establish conditions in the permit for the
purposes of determining feasibility of compliance with the performance
standards of 266.104 through 266.107 of this chapter and determining adequate
operating conditions under 266.102(e) of this chapter. Applicants must propose
a trial burn plan, prepared under paragraph (c) of this section, to be
submitted with part B of the permit application.
(3) Post-trial burn period.
(i) For the period immediately following
completion of the trial burn, and only for the minimum period sufficient to
allow sample analysis, data computation, and submission 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, the
Director will establish the operating requirements most likely to ensure
compliance with the performance standards of 266.104 through 266.107 of this
chapter based on his engineering judgment.
(ii) Applicants must submit a statement, with
part B of the application, that identifies the conditions necessary to operate
during this period in compliance with the performance standards of 266.104
through 266.107 of this chapter. This statement should include, at a minimum,
restrictions on the operating requirements provided by 266.102(e) of this
chapter.
(iii) The Director 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 266.104 through 266.107 of this chapter
based on his/her engineering judgment.
(4) Final permit period. For the final period
of operation, the Director will develop operating requirements in conformance
with 266.102(e) of this chapter that reflect conditions in the trial burn plan
and are likely to ensure compliance with the performance standards of 266.104
through 266.107 of this chapter. 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 270.42.
(c) Requirements for trial burn plans. The
trial burn plan must 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 this paragraph:
(1) An analysis of each feed stream,
including hazardous waste, other fuels, and industrial furnace feed stocks, as
fired, that includes:
(i) Heating value,
levels of antimony, arsenic, barium, beryllium, cadmium, chromium, lead,
mercury, silver, thallium, total chlorine/chloride, and ash;
(ii) Viscosity or description of the physical
form of the feed stream;
(2) An analysis of each hazardous waste, as
fired, including:
(i) An identification of any
hazardous organic constituents listed in appendix VIII, part 261, of this
chapter that are present in the feed stream, except that the applicant need not
analyze for constituents listed in appendix VIII that would reasonably not be
expected to be found in the hazardous waste. The constituents excluded from
analysis must be identified and the basis for this exclusion explained. The
waste analysis must be conducted in accordance with 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 270.6, or their equivalent. (revised 12/93)
(ii) An approximate quantification of the
hazardous constituents identified in the hazardous 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 270.6, or other equivalent.
(revised 12/93)
(iii) 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:
(i) Manufacturer's name and model
number of the boiler or industrial furnace;
(ii) Type of boiler or industrial
furnace;
(iii) Maximum design
capacity in appropriate units;
(iv)
Description of the feed system for the hazardous waste, and, as appropriate,
other fuels and industrial furnace feedstocks;
(v) Capacity of hazardous waste feed
system;
(vi) Description of
automatic hazardous waste feed cutoff system(s); (revised 12/93)
(vii) Description of any air pollution
control system; and (revised 12/93)
(viii) 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 date(s),
duration, quantity of hazardous waste to be burned, and other factors relevant
to the Director's decision under paragraph (b)(2) of this section.
(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 266.104
through 266.107 of this chapter.
(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 this paragraph and the
criteria in paragraph (b)(2) of this section.
(d) Trial burn procedures.
(1) A trial burn must be conducted to
demonstrate conformance with the standards of 266.104 through 266.107 of this
chapter under an approved trial burn plan.
(2) The Director shall approve a trial burn
plan if he/she finds that:
(i) The trial burn
is likely to determine whether the boiler or industrial furnace can meet the
performance standards of 266.104 through 266.107 of this chapter;
(ii) The trial burn itself will not present
an imminent hazard to human health and the environment;
(iii) The trial burn will help the Director
to determine operating requirements to be specified under 266.102(e) of this
chapter; and
(iv) The information
sought in the trial burn cannot reasonably be developed through other
means.
(3) 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 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
applicant's contact person;
(B) The
name and telephone number of the permitting agency 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.
(4) 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 (c) of this section. This
submission shall be made within 90 days of completion of the trial burn, or
later if approved by the Department.
(5) All data collected during any trial burn
must be submitted to the Department following completion of the trial
burn.
(6) 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
270.11.
(e) Special
procedures for DRE trial burns. When a DRE trial burn is required under
266.104(a) of this chapter, 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 must be calculated during the trial burn.
These trial POHCs will be specified by the Director based on information
including his/her estimate of the difficulty of destroying the constituents
identified in the hazardous waste analysis, their concentrations or mass in the
hazardous waste feed, and, for hazardous waste containing or derived from
wastes listed in part 261, subpart D of this chapter, the hazardous waste
organic constituent(s) identified in Appendix VII of that part 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 must make the following determinations:
(1) A quantitative analysis of the levels of
antimony, arsenic, barium, beryllium, cadmium, chromium, lead, mercury,
thallium, silver, and chlorine/chloride, in the feed streams (hazardous waste,
other fuels, and industrial furnace feedstocks);
(2) When a DRE trial burn is required under
266.104(a) of this chapter:
(i) A quantitative
analysis of the trial POHCs in the hazardous waste feed;
(ii) A quantitative analysis of the stack gas
for the concentration and mass emissions of the trial POHCs; and
(iii) A computation of destruction and
removal efficiency (DRE), in accordance with the DRE formula specified in
266.104(a) of this chapter;
(3) When a trial burn for chlorinated dioxins
and furans is required under 266.104(e) of this chapter, a quantitative
analysis of the stack gas for the concentration and mass emission rate of the
2,3,7,8-chlorinated tetra-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 Hcl/Cl2 is required under 266.105, 266.106 (c)
or (d), or 266.107 (b)(2) or (c) of this chapter, a quantitative analysis of
the stack gas for the concentrations and mass emissions of particulate matter,
metals, or hydrogen chloride (Hcl) and chlorine (Cl2), and computations showing
conformance with the applicable emission performance standards;
(5) When a trial burn for DRE, metals, or
Hcl/Cl2 is required under 266.104(a), 266.106 (c) or (d), or 266.107 (b)(2) or
(c) of this chapter, 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/chloride;
(6) An identification of sources of fugitive
emissions and their means of control;
(7) A continuous measurement of carbon
monoxide (CO), oxygen, and where required, hydrocarbons (HC), in the stack gas;
and
(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 266.104 through 266.107
of this chapter and to establish the operating conditions required by
266.102(e) of this chapter as necessary to meet those performance
standards.
(g) Interim
status boilers and industrial furnaces. For the purpose of determining
feasibility of compliance with the performance standards of 266.104 through
266.107 of this chapter and of determining adequate operating conditions under
266.103 of this chapter, applicants owning or operating existing boilers or
industrial furnaces operated under the interim status standards of 266.103 must
either prepare and submit a trial burn plan and perform a trial burn in
accordance with the requirements of this section or submit other information as
specified in 270.22(a)(6). The Department must announce its intention to
approve of the trial burn plan in accordance with the timing and distribution
requirements of paragraph (d)(3) 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
agency; 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 agency
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
submission of the part B permit application must complete the trial burn and
submit the results specified in paragraph (f) of this section with the part B
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. If the applicant submits a trial burn plan with part
B of the permit application, the trial burn must be conducted and the results
submitted within a time period prior to permit issuance to be specified by the
Department.
