Current through Register Vol. 24-06, March 15, 2024
(1) Applicability.
(a) Except as WAC
173-303-600 provides otherwise,
the regulations in this section apply to owners and operators of facilities
that incinerate dangerous waste and to owners and operators who burn dangerous
waste in boilers or industrial furnaces in order to destroy them, or who burn
dangerous waste in boilers or in industrial furnaces for any recycling purpose
and elect to be regulated under this section.
(b)
Integration of the MACT
standards. 40 C.F.R. part 63 subpart EEE is incorporated by reference
at WAC 173-400-075(5)(a).
Note that if you are subject to Part 63 you must get an air permit from ecology
or the local air authority.
(i) Except as
provided by (b)(ii) through (iv) of this subsection, the standards of this
section do not apply to a new dangerous waste incineration unit that becomes
subject to dangerous waste permit requirements after October 12, 2005; or no
longer apply when an owner or operator of an existing dangerous waste
incineration unit demonstrates compliance with the maximum achievable control
technology (MACT) requirements of 40 C.F.R. part 63, subpart EEE, by conducting
a comprehensive performance test and submitting to the department a
Notification of Compliance under
40 C.F.R.
63.1207(j) and
63.1210(b)
documenting compliance with the requirements of part 63, subpart EEE.
Nevertheless, even after this demonstration of compliance with the MACT
standards, dangerous waste permit conditions that were based on the standards
of this section will continue to be in effect until they are removed from the
permit or the permit is terminated or revoked, unless the permit expressly
provides otherwise.
(ii) The MACT
standards do not replace the closure requirements of WAC
173-303-610 or the applicable
requirements of WAC
173-303-280 through
173-303-395,
173-303-645,
173-303-610,
173-303-620,
173-303-691,
173-303-692, and
173-303-902.
(iii) The particulate matter standard of
subsection (4)(c)(ii) of this section remains in effect for incinerators that
elect to comply with the alternative to the particulate matter standard of
40 C.F.R.
63.1206(b)(14) and
63.1219(e).
(iv) The following requirements remain in
effect for startup, shutdown, and malfunction events if you elect to comply
with 40 C.F.R.
270.235(a)(1)(i), which is
incorporated by reference, to minimize emissions of toxic compounds from these
events:
(A) Subsection (6)(a) of this section
requiring that an incinerator operate in accordance with operating requirements
specified in the permit; and
(B)
Subsection (6)(c) of this section requiring compliance with the emission
standards and operating requirements during startup and shutdown if hazardous
waste is in the combustion chamber, except for particular hazardous
wastes.
(v) The
particulate matter standard of subsection (4) of this section remains in effect
for incinerators that elect to comply with the alternative to the particulate
matter standard of 40 C.F.R.
63.1206(b)(14) and
63.1219(e).
(c) The department may, in
establishing permit conditions, exempt the facility from all requirements of
this section except subsection (2) of this section, waste analysis, and
subsection (8) of this section, closure, if the department finds, after an
examination of the waste analysis included with Part B of the owner/operator's
permit application, that the waste to be burned:
(i)
(A) Is
either listed as a dangerous waste in WAC
173-303-080 only because it is
ignitable or, that the waste is designated only as an ignitable dangerous waste
under WAC
173-303-090; or
(B) Is either listed in WAC
173-303-080 or is designated
under WAC
173-303-090 solely because it is
reactive for the characteristics described in WAC
173-303-090(7)(a)(i), (ii), (iii), (vi), (vii) and
(viii), and will not be burned when other
dangerous wastes are present in the combustion zone; and
(ii) Contains none of the dangerous
constituents listed in WAC
173-303-9905 above significant
concentration limits; and
(iii) Is
not designated by the dangerous waste criteria of WAC
173-303-100.
(d) The owner or operator of an incinerator
may conduct trial burns, subject only to the requirements of WAC
173-303-807, trial burn
permits.
(2) Waste
analysis.
(a) As a portion of a trial burn
plan required by WAC
173-303-807, or with Part B of
his permit application, the owner or operator must have included an analysis of
his waste feed sufficient to provide all information required by WAC
173-303-807 or
173-303-806(3) and
(4).
(b) Throughout normal operation the owner or
operator must conduct sufficient waste analysis to verify that waste feed to
the incinerator is within the physical and chemical composition limits
specified in his permit (under subsection (6)(b) of this section).
(3) Designation of principal
organic dangerous constituents and dangerous combustion by-products. Principal
organic dangerous constituents (PODCs) and dangerous combustion by-products
must be treated to the extent required by the performance standards specified
in subsection (4) of this section. For each waste feed to be burned, one or
more PODCs and dangerous combustion by-products will be specified in the
facility's permit from among those constituents listed in WAC
173-303-9905 and, to the extent
practical, from among those constituents which contribute to the toxicity,
persistence, or carcinogenicity of wastes designated under WAC
173-303-100. This specification
will be based on the degree of difficulty of incineration of the organic
constituents of the waste feed and its combustion by-products and their
concentration or mass, considering the results of waste analyses and trial
burns or alternative data submitted with Part B of the facility's permit
application. Organic constituents or by-products which represent the greatest
degree of difficulty of incineration will be those most likely to be designated
as PODCs and dangerous combustion by-products. Constituents are more likely to
be designated as PODCs or dangerous combustion by-products if they are present
in large quantities or concentrations. Trial PODCs will be designated for
performance of trial burns in accordance with the procedure specified in WAC
173-303-807 for obtaining trial
burn permits. Trial dangerous combustion by-products may be designated under
the same procedures.
(4)
Performance standards. An incinerator burning dangerous waste must be designed,
constructed, and maintained so that, when operated in accordance with operating
requirements specified under subsection (6) of this section, it will meet the
following performance standards:
(a)
(i) Except as provided in (a)(ii) of this
subsection, an incinerator burning dangerous waste must achieve a destruction
and removal efficiency (DRE) of 99.99 percent for each PODC designated (under
subsection (3) of this section) in its permit for each waste feed. DRE is
determined for each PODC from the following equation:
DRE =
|
(Win -
Wout) X 100%
|
|
Win
|
Where:
|
Win = Mass feed rate of one
PODC in the waste stream feeding the incinerator, and
|
Wout = Mass emission rate of
the same PODC present in exhaust emissions prior to release to the
atmosphere.
|
(ii)
An incinerator burning dangerous wastes F020, F021, F022, F023, F026, or F027
must achieve a destruction and removal efficiency (DRE) of 99.9999% for each
principal organic dangerous constituent (PODCs) designated (under subsection
(3) of this section) in its permit. This performance must be demonstrated on
PODCs that are more difficult to incinerate than tetra-, penta-, and
hexachlorodibenzo-p-dioxins and dibenzofurans. DRE is determined for each PODCs
from the equation in subsection (4)(a)(i) of this section. In addition, the
owner or operator of the incinerator must notify the department of his intent
to incinerate dangerous wastes F020, F021, F022, F023, F026, or F027.
(b) Incinerators burning dangerous
waste must destroy dangerous combustion by-products designated under subsection
(3) of this section so that the total mass emission rate of these by-products
emitted from the stack is no more than .01 percent of the total mass feed rate
of PODCs fed into the incinerator.
(c)
(i) An
incinerator burning dangerous waste and producing stack emissions of more than
1.8 kilograms per hour (4 pounds per hour) of hydrogen chloride (HCl) must
control HCl emissions such that the rate of emission is no greater than the
larger of either 1.8 kilograms per hour or one percent of the HCl in the stack
gas prior to entering any pollution control equipment.
(ii) An incinerator burning dangerous waste
must not emit particulate matter in excess of 180 milligrams per dry standard
cubic meter (0.08 grains per dry standard cubic foot) when corrected for the
amount of oxygen in the stack gas according to the formula:
Where Pc is the corrected concentration of particulate matter,
Pm is the measured concentration of particulate matter, and Y is the measured
concentration of oxygen in the stack gas, using the Orsat method for oxygen
analysis of dry flue gas, presented in 40 C.F.R. Part 60, Appendix A (Method
3). This correction procedure is to be used by all dangerous waste incinerators
except those operating under conditions of oxygen enrichment. For these
facilities, the department will select an appropriate correction procedure to
be specified in the facility permit.
(d) The emission standards specified in (c)
of this subsection must be met when no other more stringent standards exist.
Where a state or local air pollution control authority has jurisdiction and has
more stringent emission standards, an incinerator burning dangerous wastes must
comply with the applicable air pollution control authority's emission standards
(including limits based on best available control technology).
(e) For purposes of permit enforcement,
compliance with the operating requirements specified in the permit (under
subsection (6) of this section), will be regarded as compliance with subsection
(4) of this section. However, evidence that compliance with those permit
conditions is insufficient to ensure compliance with the performance
requirements of subsection (4) of this section, may be evidence justifying
modification, revocation, or reissuance of a permit under WAC
173-303-830.
(5) Trial burns and permit modifications.
(a) The owner or operator of a dangerous
waste incinerator may burn only wastes specified in his permit and only under
operating conditions specified for those wastes under subsection (6) of this
section, except:
(i) In approved trial burns
under WAC
173-303-807; or
(ii) Under exemptions created by WAC
173-303-670(1).
(b) New dangerous wastes may be
burned only after operating conditions have been specified in a trial burn
permit or a permit modification has been issued, as applicable. Operating
requirements for new wastes may be based on either trial burn results or
alternative data included with Part B of a permit application under WAC
173-303-806(4).
(c) The permit for a new dangerous waste
incinerator must establish appropriate conditions for each of the applicable
requirements of this section, including but not limited to allowable waste
feeds and operating conditions necessary to meet the requirements of subsection
(6) of this section, sufficient to comply with the following standards:
(i) For the period beginning with initial
introduction of dangerous waste to the incinerator and ending with initiation
of the trial burn, and only for the minimum time required to establish
operating conditions required in (c)(ii) of this subsection, not to exceed a
duration of seven hundred twenty hours operating time for treatment of
dangerous waste. The operating requirements must be those most likely to ensure
compliance with the performance standards of subsection (4) of this section,
based on the department's engineering judgment. The department may extend the
duration of this period once for up to seven hundred twenty additional hours
when good cause for the extension is demonstrated by the applicant;
(ii) For the duration of the trial burn, the
operating requirements must be sufficient to demonstrate compliance with the
performance standards of subsection (4) of this section, and must be in
accordance with the approved trial burn plan;
(iii) 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 department, the operating requirements must be
those most likely to ensure compliance with the performance standards of
subsection (4) of this section, based on the department's engineering
judgment;
(iv) For the remaining
duration of the permit, the operating requirements must be those demonstrated,
in a trial burn or by alternative data specified in WAC
173-303-806(4)(f)(iii)(G),
as sufficient to ensure compliance with the performance standards of subsection
(4) of this section.
(6) Operating requirements.
(a) An incinerator must be operated in
accordance with operating requirements specified in the permit. These will be
specified on a case-by-case basis as those demonstrated (in a trial burn or in
alternative data as specified in subsection (5)(b) of this section and included
with Part B of a facility's permit application) to be sufficient to comply with
the performance standards of subsection (4) of this section.
(b) Each set of operating requirements will
specify the composition of the waste feed (including acceptable variations in
the physical or chemical properties of the waste feed which will not affect
compliance with the performance requirement of subsection (4) of this section)
to which the operating requirements apply. For each such waste feed, the permit
will specify acceptable operating limits including the following conditions:
(i) Carbon monoxide (CO) level in the stack
exhaust gas;
(ii) Waste feed
rate;
(iii) Combustion
temperature;
(iv) An appropriate
indicator of combustion gas velocity;
(v) Allowable variations in incinerator
system design or operating procedures; and
(vi) Such other operating requirements as are
necessary to ensure that the performance standards of subsection (4) of this
section are met.
(c)
During startup and shutdown of an incinerator, dangerous waste (except waste
exempted in accordance with subsection (1)(b) of this section) must not be fed
into the incinerator unless the incinerator is operating within the conditions
of operation (temperature, air feed rate, etc.) specified in the
permit.
(d) Fugitive emissions from
the combustion zone must be controlled by:
(i)
Keeping the combustion zone totally sealed against fugitive
emissions;
(ii) Maintaining a
combustion zone pressure lower than atmospheric pressure; or
(iii) An alternate means of control
demonstrated (with Part B of the permit application) to provide fugitive
emissions control equivalent to maintenance of combustion zone pressure lower
than atmospheric pressure.
(e) An incinerator must be operated with a
functioning system to automatically cut off waste feed to the incinerator when
operating conditions deviate from limits established under (a) of this
subsection.
(f) An incinerator must
cease operation when changes in waste feed, incinerator design, or operating
conditions exceed limits designated in its permit.
(7) Monitoring and inspections.
(a) The owner or operator must conduct, as a
minimum, the following monitoring while incinerating dangerous waste:
(i) Combustion temperature, waste feed rate,
and the indicator of combustion gas velocity specified in the facility permit
must be monitored on a continuous basis;
(ii) Carbon monoxide (CO) must be monitored
on a continuous basis at a point in the incinerator downstream of the
combustion zone and prior to release to the atmosphere; and
(iii) As required by the department, sampling
and analysis of the waste and exhaust emissions must be conducted to verify
that the operating requirements established in the permit achieve the
performance standards of subsection (4) of this section.
(b) The incinerator and associated equipment
(pumps, valves, conveyors, pipes, etc.) must be completely inspected at least
daily for leaks, spills, fugitive emissions, and signs of tampering. All
emergency waste feed cutoff controls and system alarms must be tested at least
weekly to verify proper operation, unless the owner or operator demonstrates to
the department that weekly inspections will unduly restrict or upset operations
and that less frequent inspection will be adequate. At a minimum, emergency
cutoff and alarm systems must be tested at least monthly.
(c) This monitoring and inspection data must
be recorded and the records must be placed in the operating log required by WAC
173-303-380(1).
(8) Closure. At closure the owner
or operator must remove all dangerous waste and dangerous waste residues
(including, but not limited to, ash, scrubber waters, and scrubber sludges)
from the incinerator site. Remaining equipment, bases, liners, soil, and debris
containing or contaminated with dangerous waste or waste residues must be
decontaminated or removed.
Statutory Authority:
Chapters
70.105 and
70.105D RCW. 09-14-105 (Order
07-12), § 173-303-670, filed 6/30/09, effective 7/31/09. Statutory
Authority:
Chapters
70.105,
70.105D, and
15.54 RCW and
RCW
70.105.007. 04-24-065 (Order 03-10), §
173-303-670, filed 11/30/04, effective 1/1/05. Statutory Authority:
Chapters
70.105 and
70.105D RCW. 95-22-008 (Order
94-30), § 173-303-670, filed 10/19/95, effective 11/19/95; 94-01-060
(Order 92-33), § 173-303-670, filed 12/8/93, effective 1/8/94. Statutory
Authority:
Chapter
70.105 RCW. 86-12-057
(Order DE-85-10), § 173-303-670, filed 6/3/86; 84-09-088 (Order DE 83-36),
§ 173-303-670, filed 4/18/84. Statutory Authority:
Chapter
70.105 RCW and
RCW
70.95.260. 82-05-023 (Order DE 81-33), §
173-303-670, filed 2/10/82.