Current through Register Vol. 24-06, March 15, 2024
When an owner or operator of a dangerous waste incineration
unit becomes subject to dangerous waste permit requirements after October 12,
2005, or when an owner or operator of an existing dangerous waste incineration
unit demonstrates compliance with the air emission standards and limitations in
40 C.F.R. part 63, subpart EEE (that is, 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 of this section do not apply, except those
provisions the department determines are necessary to ensure compliance with
WAC 173-303-670(6)(a) and
(c) if you elect to comply with
40 C.F.R.
270.235(a)(1)(i), which is
incorporated by reference at WAC
173-303-841, to minimize
emissions of toxic compounds from startup, shutdown, and malfunction events.
Nevertheless, the department may apply the provisions of this section on a
case-by-case basis, for purposes of information collection in accordance with
WAC 173-303-800(11)
and 173-303-815(2)(b)(ii).
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.
(1)
Purpose and applicability. For purposes of determining operational readiness
and establishing conditions in final facility permits for dangerous waste
incinerators, the department may approve trial burns. Trial burns may not
exceed seven hundred twenty hours operating time, except that the department
may extend the duration of this operational period once, up to seven hundred
twenty additional hours, at the request of the owner/operator of the
incinerator when good cause is shown. The permit may be modified to reflect the
extension according to WAC
173-303-830(4).
The procedures for requesting and approving trial burns are described in:
(a) Subsection (11) of this section for
existing incinerators with interim status permits; and
(b) Subsection (13) of this section for new
incinerators and for incinerators with final facility permits in which the
owner/operator wishes to burn new wastes not currently included in the
permit.
(2) Trial burn
plan. The trial burn must be conducted in accordance with a trial burn plan
prepared by the applicant and approved by the department. The trial burn plan
will then become a condition of the permit and will include the following
information:
(a) An analysis of each waste or
mixture of waste to be burned which includes:
(i) Heating value of the waste in the form
and composition in which it will be burned;
(ii) Viscosity (if applicable), or
description of physical form of the waste, and specific gravity of the
waste;
(iii) An analysis
identifying any dangerous organic constituents listed in WAC
173-303-9905, and any other
dangerous constituents which, although not listed, caused the waste to be
regulated as a dangerous waste, which are reasonably expected to be present in
the waste to be burned. The constituents excluded from analysis must be
identified and the basis for their exclusion stated. The waste analysis must
rely on analytical techniques specified or referenced in WAC
173-303-110(3)(a),
or their equivalent as approved by the department;
(iv) An approximate quantification of the
dangerous constituents identified in the waste, within the precision produced
by the analytical methods specified or referenced in WAC
173-303-110(3)(a);
and
(v) A quantification of those
dangerous constituents in the waste which may be designated as principal
organic dangerous constituents (PODC) based on data submitted from other trial
or operational burns which demonstrate compliance with the performance standard
in WAC 173-303-670(4);
(b) A detailed engineering
description of the incinerator for which the trial burn permit is sought
including:
(i) Manufacturer's name and model
number of incinerator (if available);
(ii) Type of incinerator;
(iii) Linear dimensions of the incinerator
unit including the cross sectional area of the combustion chamber;
(iv) Description of the auxiliary fuel system
(type/feed);
(v) Capacity of the
prime air mover;
(vi) Description
of automatic waste feed cutoff system(s);
(vii) Stack gas monitoring and pollution
control equipment;
(viii) Nozzle
and burner design;
(ix)
Construction materials; and
(x)
Location and description of temperature, pressure, and flow indicating and
control devices;
(c) 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;
(d) 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's decision under subsection (5) of this section;
(e) A detailed test protocol, including, for
each waste identified, the ranges of temperature, waste feed rate, air feed
rate, use of auxiliary fuel, and other relevant parameters that will be varied
to affect the destruction and removal efficiency of the incinerator;
(f) A description of, and planned operating
conditions for, any emission control equipment which will be used;
(g) Procedures for rapidly stopping waste
feed, shutting down the incinerator, and controlling emissions in the event of
an equipment malfunction;
(h) A
detailed test protocol to sample and analyze the following for designation
under WAC
173-303-070:
(i) Any incinerator ash residue collected in
the incinerator; and
(ii) Any
residues collected in the air pollution control devices; and
(i) 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 section.
(3) Additional information required. The
department, in reviewing the trial burn plan, will evaluate the adequacy of the
information provided and may require the applicant to supplement this
information, if necessary, to achieve the purposes of this section.
(4) Trial PODCs. Based on the waste analysis
data in the trial burn plan, the department will specify as trial principal
organic dangerous constituents (trial PODCs) those constituents for which
destruction and removal efficiencies must be calculated during the trial burn.
These trial PODCs will be specified by the department based on its estimate of
the difficulty of incineration of the constituents identified in the waste
analysis, the concentration or mass in the waste feed, and the dangerous waste
constituent or constituents identified in WAC
173-303-9905, or identified as
causing the waste to be regulated as a dangerous waste.
(5) Approval of the plan. The department will
approve a trial burn plan if it finds that:
(a) The trial burn is likely to determine
whether the incinerator performance standard required by WAC
173-303-670(4)
can be met;
(b) The trial burn
itself will not present an imminent hazard to public health or the
environment;
(c) The trial burn
will help the department to determine operating requirements to be specified
under WAC
173-303-670(6);
and
(d) The information sought in
(a), (b), and (c) of this subsection 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 WAC
173-303-840(3)(e)(i)(D)
and to the appropriate units of state and
local government as set forth in WAC
173-303-840(3)(e)(i)(E)
announcing the scheduled beginning and
completion dates for the trial burn. The applicant may not begin the trial burn
until after the department has issued such notice.
(a) 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 department.
(b) This notice must contain:
(i) The name and telephone number of the
applicant's contact person;
(ii)
The name and telephone number of the department's contact office;
(iii) The location where the approved trial
burn plan and any supporting documents can be reviewed and copied;
and
(iv) An expected time period
for beginning and completion of the trial burn.
(7) Trial burns. During each approved trial
burn (or as soon after the burn as is practicable), the applicant must make the
following determinations:
(a) A quantitative
analysis of the trial PODCs in the waste feed to the incinerator;
(b) A quantitative analysis of the exhaust
gas for the concentration and mass emissions of the trial PODCs,
O2, hydrogen chloride (HC1 [HCl]), carbon monoxide (CO)
and dangerous combustion by-products, including the total mass emission rate of
by-products as a percent of the total mass feed rate of PODCs fed to the
incinerator;
(c) A quantitative
analysis of the scrubber water (if any), ash residues, and other residues, for
the purpose of estimating the fate of the trial PODCs and whether they are
designated according to WAC
173-303-070;
(d) A total mass balance of the trial PODCs
in the waste;
(e) A computation of
destruction and removal efficiency (DRE), in accordance with the DRE formula
specified in WAC
173-303-670(4)(a);
(f) 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 WAC
173-303-670(4)(c)(i);
(g) A computation of particulate emissions,
in accordance with WAC
173-303-670(4)(c)(ii);
(h) An identification of sources of fugitive
emissions and their means of control;
(i) A measurement of average, maximum, and
minimum temperatures, and combustion gas velocity;
(j) A continuous measurement of carbon
monoxide in the exhaust gas;
(k) An
identification of any existing air emission standards where a state or local
air pollution control authority has established emission standards and such
standards are applicable to the incinerator; and
(l) Such other information as the department
may specify as necessary to ensure that the trial burn will determine
compliance with the performance standard of WAC
173-303-670(4),
and to establish the operating conditions required by WAC
173-303-670(6).
(8) Certification. 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 determinations required by subsection (7) of this section.
This submission must be made within thirty days of the completion of the trial
burn, or later if approved by the department.
(9) Submission of data. All data collected
during any trial burn must be submitted to the department following the
completion of the trial burn.
(10)
Signatures required. All submissions required under this section must be
certified on behalf of the applicant by the signature of a person authorized to
sign a permit application under WAC
173-303-810(12).
(11) Based on the results of the trial burn,
the department will set the operating requirements in the final permit
according to WAC
173-303-670(6).
The permit modification will proceed according to WAC
173-303-830(4).
(12) Existing incinerators with interim
status permits.
(a) The owner/operator of an
existing incinerator currently operating under an interim status permit may,
when required by the department (or when he chooses) to apply for a final
facility permit, request the department to approve of a trial burn. The trial
burn may be requested for the purposes of determining feasibility of compliance
with the performance standards of WAC
173-303-670(4)
and the operating conditions of WAC
173-303-670(6).
If a trial burn is requested, the owner/operator must prepare and submit a
trial burn plan and, upon approval by the department, perform a trial burn in
accordance with subsections (2) through (10) of this section.
(b) If the department approves the trial
burn, it will issue a notice of interim status modification granting such
approval and specifying the conditions applicable to the trial burn. The notice
of modification will be a condition of the interim status permit. Note: The
national emission standards for hazardous air pollutants may require review for
a notice of construction. Owners and operators should consult chapter 173-400
WAC or local air pollution control agency regulations for
applicability.
(c) If the trial
burn is approved before submitting a final facility permit application, the
owner/operator must complete the trial burn and submit the information
described in subsection (7) of this section, with Part B of the permit
application. If completion of this process conflicts with the date set for
submission of Part B of the final facility permit application, the
owner/operator must contact the department to extend the date for submitting
the Part B or the trial burn results. If the applicant submits a trial burn
plan with Part B of the final facility permit application, the department will
specify in the notice of interim status modification issued under (b) of this
subsection, a time period for conducting the trial burn and submitting the
results. Trial burn results must be submitted prior to the issuance of the
permit.
(13) New
incinerators and new wastes.
(a)
(i) The owner/operator of a new incinerator
may submit with Part B of a final facility permit application a request for
approval of a trial burn. This request must include a statement of why the
trial burn is desirable, and a trial burn plan prepared in accordance with
subsection (2) of this section.
(ii) The department will proceed to issue a
final facility permit in accordance with WAC
173-303-806. The permit will
include the trial burn plan, and will establish operating conditions for the
trial burn including but not limited to those described in WAC
173-303-670(6).
The time period for conducting the trial burn and submitting the results will
also be specified in the permit.
(iii) After the trial burn has been completed
and the results submitted to the department, the final facility permit will be
modified in accordance with WAC
173-303-830(4)
to establish the final operating requirements and performance standards for the
incinerator.
(b) The
owner/operator of an incinerator with a final facility permit who wishes to
burn new wastes not currently included in his permit may request approval of a
trial burn for the new wastes. The request and approval will be handled in the
same way as described in (a) of this subsection, except that in lieu of issuing
an entirely new final facility permit the department will modify the existing
final facility permit in accordance with WAC
173-303-830.
(14) For the purpose of determining
feasibility of compliance with the performance standards of WAC
173-303-670(4)
and of determining adequate operating conditions under WAC
173-303-670(6),
the applicant for a permit for an existing dangerous waste incinerator must
prepare and submit a trial burn plan and perform a trial burn in accordance
with WAC 173-303-806(4)(f)
and subsections (2) through (5) and (7)
through (10) of this section or, instead, submit other information as specified
in WAC 173-303-806(4)(f)(iii).
The department must announce its intention to approve the trial burn plan in
accordance with the timing and distribution requirements of subsection (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 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 WAC
173-303-806(4)(f)(i)
are exempt from compliance with WAC
173-303-670(4) and
(6) 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 subsection (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.
Statutory Authority:
Chapters
70.105 and
70.105D RCW. 09-14-105 (Order
07-12), § 173-303-807, 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), §
173-303-807, filed 11/30/04, effective 1/1/05; 00-11-040 (Order 99-01), §
173-303-807, filed 5/10/00, effective 6/10/00. Statutory Authority:
Chapters
70.105 and
70.105D RCW. 98-03-018 (Order
97-03), § 173-303-807, filed 1/12/98, effective 2/12/98; 95-22-008 (Order
94-30), § 173-303-807, filed 10/19/95, effective 11/19/95; 94-01-060
(Order 92-33), § 173-303-807, filed 12/8/93, effective 1/8/94. Statutory
Authority:
Chapters
70.105 and
70.105D RCW, 40 C.F.R. Part 271.3
and RCRA § 3006 ( 42 U.S.C. 3251 ). 91-07-005 (Order 90-42), §
173-303-807, filed 3/7/91, effective 4/7/91. Statutory Authority:
Chapter
70.105 RCW. 84-09-088
(Order DE 83-36), § 173-303-807, filed
4/18/84.