When an owner or operator of a hazardous waste incineration
unit becomes subject to hazardous waste 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
Subsection
R307-214-2(39),
i.e., by conducting a comprehensive performance test and submitting a
Notification of Compliance under
40 CFR
63.1207(j) and
63.1210(d),
which are incorporated by reference in Subsection
R307-214-2(39),
documenting compliance with all applicable requirements of Subsection
R307-214-2(39),
the requirements of Section R315-270-62 do not apply, except those provisions
the Director determines are necessary to ensure compliance with Subsections
R315-264-345(a) and
(c) if the owner or operator elects to comply
with Section
R315-270-235(a)(1)(i)
to minimize emissions of toxic compounds from startup, shutdown, and
malfunction events. Nevertheless, the Director may apply the provisions of
Section R315-270-62, on a case-by-case basis, for purposes of information
collection in accordance with Subsections
R315-270-10(k),
10(l), 32(b)(2), and 32(b)(3).
(a) For
the purposes of determining operational readiness following completion of
physical construction, the Director shall 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 shall
be effective for the minimum time required to bring the incinerator to a point
of operational readiness to conduct a trial burn, not to exceed 720 hours
operating time for treatment of hazardous waste. 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 Section
R315-270-42.
(1) Applicants shall submit a statement, with
part B of the permit application, which suggests the conditions necessary to
operate in compliance with the performance standards of Section
R315-264-343
during this period. This statement should include, at a minimum, restrictions
on waste constituents, waste feed rates and the operating parameters identified
in Section
R315-264-345.
(2) The Director shall 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 Section
R315-264-343.
(b) For the purposes of determining
feasibility of compliance with the performance standards of Section
R315-264-343
and of determining adequate operating conditions under Section
R315-264-345,
the Director shall establish conditions in the permit for a new hazardous waste
incinerator to be effective during the trial burn.
(1) Applicants shall propose a trial burn
plan, prepared under Subsection R315-270-62(b)(2) with a part B of the permit
application.
(2) The trial burn
plan shall 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 the physical form of the waste.
(C) An identification of any hazardous
organic constituents listed in Rule R315-261, appendix VIII, which are present
in the waste to be burned, except that the applicant need not analyze for
constituents listed in Rule R315-261, appendix VIII, which would reasonably not
be expected to be found in the waste. The constituents excluded from analysis
shall be identified, and the basis for the exclusion stated. The waste analysis
shall rely on appropriate analytical techniques.
(D) An approximate quantification of the
hazardous constituents identified in the waste, within the precision produced
by appropriate analytical methods.
(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 Director's decision under
Subsection R315-270-62(b)(5).
(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 Director reasonably finds necessary to determine
whether to approve the trial burn plan in light of the purposes of Subsection
R315-270-62(b)(2) and the criteria in Subsection R315-270-62(b)(5).
(3) 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 Subsection R315-270-62(b)(2).
(4) Based on the waste analysis data in the
trial burn plan, the Director shall specify as trial Principal Organic
Hazardous Constituents (POHCs), those constituents for which destruction and
removal efficiencies shall be calculated during the trial burn. These trial
POHCs shall be specified by the Director based on The Director's 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 Sections
R315-261-30
through 35, the hazardous waste organic constituent or constituents identified
in appendix VII of Rule R315-261 as the basis for listing.
(5) The Director shall approve a trial burn
plan if he finds that:
(i) The trial burn is
likely to determine whether the incinerator performance standard required by
Section
R315-264-343
can be met;
(ii) The trial burn
itself shall not present an imminent hazard to human health or the environment;
(iii) The trial burn will help the
Director to determine operating requirements to be specified under Section
R315-264-345;
and
(iv) The information sought in
Subsection R315-270-62(b)(5)(i) and (ii) cannot reasonably be developed through
other means.
(6) The
Director shall send a notice to all persons on the facility mailing list as set
forth in Subsection
R315-124-10(c)(1)(ix)
and to the appropriate units of State and local government as set forth in
Subsection
R315-124-10(c)(1)(x)
announcing the scheduled commencement and completion dates for the trial burn.
The applicant may not commence the trial burn until after the Director has
issued such notice.
(i) This notice shall 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 shall
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 shall 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 Subsection
R315-264-343(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 Subsection
R315-264-343(b).
(vi) A computation of particulate emissions,
in accordance with Subsection
R315-264-343(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 Director
may specify as necessary to ensure that the trial burn will determine
compliance with the performance standards in Section
R315-264-343
and to establish the operating conditions required by Section
R315-264-345
as necessary to meet that performance standard.
(8) The applicant shall submit to the
Director a certification that the trial burn has been carried out in accordance
with the approved trial burn plan, and shall submit the results of all the
determinations required in Subsection R315-270-62(b)(6). This submission shall
be made within 90 days of completion of the trial burn, or later if approved by
the Director.
(9) All data
collected during any trial burn shall be submitted to the Director following
the completion of the trial burn.
(10) All submissions required by Subsection
R315-270-62(b) shall be certified on behalf of the applicant by the signature
of a person authorized to sign a permit application or a report under Section
R315-270-11.
(11) Based on the results of the trial burn,
the Director shall set the operating requirements in the final permit according
to Section
R315-264-345.
The permit modification shall proceed according to Section
R315-270-42.
(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 Director may establish permit conditions, including but not
limited to allowable waste feeds and operating conditions sufficient to meet
the requirements of Section
R315-264-345,
in the permit to a new hazardous waste incinerator. These permit conditions
shall 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 Director.
(1) Applicants shall submit a statement, with
part B of the permit application, which identifies the conditions necessary to
operate in compliance with the performance standards of Section
R315-264-343
during this period. This statement should include, at a minimum, restrictions
on waste constituents, waste feed rates, and the operating parameters in
Section
R315-264-345.
(2) The Director shall 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 Section
R315-264-34
based on his engineering judgment.
(d) For the purpose of determining
feasibility of compliance with the performance standards of Section
R315-264-343
and of determining adequate operating conditions under Section
R315-264-345,
the applicant for a permit for an existing hazardous waste incinerator shall
prepare and submit a trial burn plan and perform a trial burn in accordance
with Subsection
R315-270-19(b)
and Subsections R315-270-62(b)(2) through (b)(5) and (b)(7) through (b)(10) or,
instead, submit other information as specified in Subsection
R315-270-19(c).
The Director shall announce the Director's intention to approve the trial burn
plan in accordance with the timing and distribution requirements of Subsection
R315-270-62(b)(6). The contents of the notice shall 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 approval of the plan and the time
period during which the trial burn would be conducted. Applicants submitting
information under Subsection
R315-270-19(a)
are exempt from compliance with Sections
R315-264-343
and 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 shall complete the trial burn and submit the
results, specified in Subsection R315-270-62(b)(7), 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 shall contact the Director
to establish a later date for submission of the part B application or the trial
burn results. Trial burn results shall be submitted prior to issuance of the
permit. When the applicant submits a trial burn plan with part B of the permit
application, the Director shall specify a time period prior to permit issuance
in which the trial burn shall be conducted and the results submitted.