These amendments to 6 CCR 1007-3, Parts 260, 261, 264, 265,
267, and 100 are made pursuant to the authority granted to the Hazardous Waste
Commission in §
25-15-302(2),
C.R.S.
AMENDED REGULATIONS FOR BURNING HAZARDOUS WASTE IN
INCINERATORS, BOILERS, AND INDUSTRIAL FURNACES
These amendments finalize the technical and procedural
standards related to permitting and operation of boilers and industrial
furnaces (BIFs) burning hazardous waste. In general, these amendments act to
incorporate the federal Resource Conservation and Recovery Act (RCRA)
requirements applicable to BIFs burning hazardous waste into the requirements
applicable to hazardous waste incinerators under the Colorado Hazardous Waste
Regulations (CHWRs). In addition, these amendments also modify the existing
health risk-based performance standard currently applicable to hazardous waste
incinerators, and through these amendments, BIFs burning hazardous
waste.
The Commission has incorporated the BIF requirements into
the incinerator requirements in the CHWRs rather than adopting the requirements
into a separate regulatory section as under the federal rule. Treatment of
hazardous waste in a BIF is similar to treatment of hazardous waste in an
incinerator. BIFs and incinerators both burn hazardous waste and both create
similar types of hazardous emissions. BIFs and incinerators are operated in
similar manners and share similar combustion systems designs. The similarities
in the operation and design of BIFs and incinerators are reflected in the
federal RCRA regulatory requirements. Although the Environmental Protection
Agency (EPA) organized incinerator and BIF requirements into separate sections
of the federal regulation, the operating standards, allowable hazardous waste
emission limits, and administrative permitting standards and requirements for
all of these devices are essentially equivalent. When Colorado revised it's
incinerator requirements in 1995, it incorporated many of the requirements of
the federal BIF regulations as they were considerably more stringent than
existing incinerator requirements at that time.
By making BIFs subject to the same rules as hazardous waste
incinerators, the Commission has determined that BIFs in Colorado should be
subject to more stringent requirements than they would be under existing
federal requirements. Incorporation of the BIF requirements into the
incinerator requirements under the CHWRs strengthens the standards applicable
to BIFs over those contained in the federal regulations. In addition to
requiring compliance with the current federal regulatory requirements for BIFs
burning hazardous waste, incorporation of the BIF requirements into the
incinerator requirements in the CHWRs necessitates compliance with the health
risk-based performance standard for hazardous waste air emissions, with
enhanced emission standards for dioxins and particulates, and with a number of
additional operating standards. The additional operating standards include
periodic sampling requirements for environmental media surrounding an
incineration facility, periodic stack emissions testing and reporting, compound
specific monitoring, remote data acquisition for continuously monitored
operating conditions and emissions, enhanced personnel training requirements,
and enhanced emergency planning and response requirements.
The Commission approved these additional regulatory
standards and requirements for incinerators in the 1995 rulemaking hearing. The
Commission considered a large amount of information regarding hazardous waste
combustion for both incinerators and BIFs during the 1995 rulemaking. Due to
the similarities in the operation and design of incinerators and BIFs, the
Commission believes that all the standards applicable to hazardous waste
incinerators in the CHWRs are also appropriately applicable to BIFs burning
hazardous waste. The rationale for each of the additional regulatory standards
applicable to hazardous waste incinerators and, through these amendments, BIFs
burning hazardous waste are described in the Statement of Basis and Purpose for
Amended Regulations for Incineration of Hazardous Waste, pages 1269 -1285 of
the CHWRs. Compliance with these additional regulatory standards and
requirements is deemed necessary and appropriate to protect public health and
the environment when hazardous waste is burned in these combustion
devices.
The Commission has also decided to not adopt certain
provisions of the federal RCRA BIF regulations into the CHWRs at this time.
These provisions include 40
CFR Section 266.101 -
Management
prior to burning
40 CFR Section
266.108 - Small quantity on-site
burner exemption
40 CFR Section
266.109 -Low risk waste
exemption
40
CFR Section 266.110 -
Waiver for
DRE trial burn for boilers, and the MACT delegation language
within 40 CFR Section
266.100 -
Applicability. Omission of these regulations from the
CHWRs does not result in regulations for BIFs burning hazardous waste that are
less protective then the federal regulation. The provisions of
40 CFR Sections
266.108,
266.109 and
266.110 are less stringent than
the requirements of these amendments and were not adopted so as to better
protect public health and the environment.
40 CFR
Section 266.101 requires owners or operators
of BIF facilities burning hazardous waste to manage the waste as hazardous
waste prior to being burned. In accordance with Section 266.101, a facility
that burns hazardous waste in a BIF must comply with the generator standards,
the transporter standards, and the standards for hazardous waste storage
facilities, Parts 262, 263, and 264, 265 and 270 of the 40 CFR respectively.
Under the federal regulation, the operating standard and emission limits for
BIFs burning hazardous waste are contained within Part 266 -
Standards for the Management of Specific Hazardous Wastes and
Specific Types of Hazardous Waste Management Facilities. Part 266
of the federal RCRA regulation generally describes standards applicable to
hazardous waste recyclers.
Adoption of Section 266.101 into the CHWRs is not necessary
since the BIF requirements are being adopted into Part 264 -
Standards for Owners or Operators of Treatment, Storage, or
Disposal Facilities rather than Part 267 of the CHWRs, the
regulatory equivalent of Part 266 in the federal regulation. While energy and
material recovery are legitimate benefits of burning hazardous waste in BIFs,
the primary purpose and economic driving force is hazardous waste treatment and
disposal. Facilities regulated under Part 264 of the CHWRs must already comply
with the requirements for generation, transportation, and storage of hazardous
waste prior to burning the waste, making adoption of Section 266.101
unnecessary.
40 CFR
Section 266.108 provides an exemption to the
federal RCRA BIF requirements for owners or operators of BIFs burning hazardous
waste in on-site burners. In accordance with Section 266.108, a BIF burning
small quantities of hazardous waste, as defined under the exemption, does not
have to comply with the BIF operating requirements or emission standards, and
does not have to obtain a RCRA permit. The Commission is not electing to adopt
this regulatory exemption at this time due to the complex and sensitive nature
of managing a hazardous waste in a BIF. The EPA small quantity on-site burner
exemption does not establish minimum specifications for the type of device that
may be used or it's destruction efficiency. It also does not significantly
restrict the types of hazardous wastes that may be burned in the device. The
Commission finds that facilities that burn hazardous waste in a BIF should be
subject to adequate operating, monitoring and testing procedures, waste
composition limits, and other applicable health and safety requirements to
ensure protection of the public and the environment. This exemption has not
been included in these amendments because the potential impacts of such an
exemption have not been evaluated by the Commission.
40 CFR
Section 266.109 allows for exemption of the
destruction removal efficiency (DRE) performance standard under the federal BIF
regulation. In accordance with
40 CFR Section
266.109, a BIF facility burning hazardous
waste does not have to comply with the DRE standard if the BIF is operated in
conformance with certain operating requirements. These operating requirements
include maximum allowable hazardous waste to fuel ratios, minimum heat values
for the waste/fuel mixture, waste feed location requirements, and compliance
with the carbon monoxide performance standard. In addition, a facility seeking
this exemption must also demonstrate, in accordance with Section 266.109, that
the hazardous waste burning will not pose an unacceptable adverse public health
effect. Evaluation of the potential for an adverse public health effect is
determined through a direct exposure risk assessment.
The Commission does not believe that exemption from the DRE
performance standard is appropriate even given the operating limitations and
direct exposure risk evaluation required under the federal exemption. Allowing
standardized exemption of the DRE performance standard for a BIF burning
hazardous waste is not appropriate given the variability in both the
concentrations and toxicities of hazardous constituents that may be present in
a particular hazardous waste being burned. The DRE performance standard,
defined in Section 264.342(b) of the CHWRs or Section 266.102(e) of the federal
regulation, is designed to control the emission of toxic organic compounds or
products of incomplete combustion (PICs). Under the CHWRs, the DRE performance
standard works in conjunction with the multi-pathway health risk assessment
(MPHRA) performance standard to ensure adequate control over the release of
organic compounds that may adversely affect human health or the environment.
Compliance with the DRE performance standard ensures that the combustion device
is providing effective destruction of hazardous constituents in the waste and
the MPHRA performance standard ensures that PICs, those hazardous constituents
that remain after adequate DRE, will be emitted at levels that do not pose a
significant threat to human health or the environment. The control of hazardous
emissions provided by the combined use of the DRE and the MPHRA performance
standards was considered necessary by the Commission in the 1995 incinerator
rulemaking.
40 CFR
Section 266.110 allows for exemption from the
trial burn requirement for specific types of boilers operating under certain
conditions. DRE trial burns are used to demonstrate compliance with the DRE
performance standard. The DRE trial burn provides for evaluation of compliance
with the DRE performance standard under operating conditions rather than
relying on theoretical or design calculations. The Commission is electing not
to adopt this regulatory exemption due to the importance of the DRE performance
standard described above regarding
40 CFR Section
266.109.
40 CFR
Section 266.100 describes the applicability
of the regulations for BIFs burning hazardous waste. Section 266.100(b) of the
federal regulation describes the integration of the Clean Air Act (CAA),
Maximum Achievable Control Technology (MACT) requirements, 40 CFR Part 63 ,
Subpart EEE, with the BIF requirements under RCRA. The MACT standards establish
emission limits and operational requirements for hazardous waste incinerators
and cement kilns and lightweight aggregate kilns burning hazardous waste. In
accordance with 40 CFR
Section 266.100(b), a
facility that demonstrates compliance with the MACT standards does not have to
comply with the RCRA permit emission standards or operating requirements
excepting certain sections. Certain emission standards and operating
requirements that are established in the RCRA permit may be more stringent than
the MACT standards due to site-specific considerations as necessary to protect
human health and the environment.
According to the EPA, delegation of authority of the
operating and emission standards for hazardous waste combustors from RCRA to
the CAA is necessary to avoid duplicative permitting, administrative
management, and enforcement of emission standards and operating requirements
for those combustion devices subject to the MACT Standards. The mechanism of
the MACT deferral results in some requirements remaining under a hazardous
waste permit while other requirements would be removed from the jurisdiction of
the permit (following the administrative process of modifying the permit).
EPA's deferral does not eliminate the need for intra-Departmental coordination
regarding dual regulation of the combustion facility.
EPA conducted a multi-pathway risk assessment to assess the
ecological and human health risks that are projected to occur under the MACT
standards and determined that "the MACT standards are generally protective of
human health and the environment and that separate RCRA emission standards are
not needed" (NESHAPS, pg. 52834). Importantly however, EPA's risk assessment
"did not quantitatively assess the proposed standards with respect to mercury
and non-dioxin products of incomplete combustion" (NESHAPS, pg. 52840), and
they therefore continue to recommend that site-specific risk assessments
(SSRAs) "be conducted as part of the permitting process" (NESHAPS, pg.
52841).
The Commission is electing not to incorporate the MACT
delegation provision, 40 CFR
Section 266.100(b), into the
CHWRs. A regulatory strategy that divides operating requirements and emission
standards between two different regulatory programs, and ultimately between two
different permits (RCRA Part B Permit and CAA Title V Permit), is a confusing
means by which to manage such a complex activity. Division of regulatory
authority may also lead to conflicting operational and emission standards for
these hazardous waste combustion facilities. The assorted operating
requirements and emission standards for incinerators or BIFs burning hazardous
waste all interplay with each other in a complex relationship. Maintaining one
consistent regulatory framework over the entire activity ensures that the
effects of changing one or more standard(s) do not significantly compromise or
adversely impact other standards resulting in a threat to human health and the
environment.
The Commission is electing to retain hazardous waste
permitting authority over the entire operation of these combustion sources when
burning hazardous waste because the emission standards may be more protective
then the MACT requirements due to the use of the site-specific risk assessment
and other more stringent requirements of the existing incinerator regulations.
"Section 112 of the CAA requires emissions standards for hazardous air
pollutants to be based on the performance of the Maximum Achievable Control
Technology (MACT)". "The MACT standards reflect the "maximum degree of
reduction in emissions of hazardous air pollutants" that the Administrator
determines is achievable, taking into account the cost of achieving such
emission reduction and any nonair quality health and environmental impacts and
energy requirements. Section 112(d)(2)." (NESHAPS, pg. 52832). Contrarily,
"RCRA Sections 3004(a) and (q) mandate that standards governing the operation
of hazardous waste combustion facilities be protective of human health and the
environment" (NESHAPS, pg. 52839). As mentioned, burning hazardous waste in a
BIF is done for the primary purpose of treatment and disposal of hazardous
waste, inherently creating an economic benefit for a facility. Maintaining
hazardous waste regulatory authority over the permitting and operation of these
devices ensures that protection of human health and the environment is of
primary concern and allowed to take precedent over cost and energy concerns
when these facilities elect to burn hazardous waste.
Failure to adopt the MACT delegation provision will not
result in regulations for cement kilns, light aggregate kilns, or incinerators
burning hazardous waste that are less protective then the MACT standards. Under
these amendments, the RCRA regulatory authority may require that the most
protective standards for the combustion facility become standards in the final
RCRA permit. Such standards may include but are not limited to any operating
requirement or emission standard derived from the MPHRA, the CAA (i.e. the MACT
Standards), or RCRA. Authority to require such protective permit conditions
exists in the "omnibus" provision of 6 CCR 1007-3, Section 100.43(a)(2). The
intent of the Commission to implement the most protective combustion standards
for these activities is reflected in both the MPHRA Performance Standard and
amended Section 264.346(c)(1) (see amendments for BIF incorporation below,
Revision (8) and Revision (3) for the changes to Part 264 and Part 100 of the
CHWRs). Since the operating requirements and emission standards in the RCRA
permit will be as protective if not more protective than the MACT standards, a
facility will very likely be in compliance with the CAA if they are in
compliance with the RCRA permit. In addition, problems related to dual
regulation and administrative permitting for a cement kiln, light aggregate
kiln, or incinerator burning hazardous waste will also be avoided through
coordination between the regulatory programs.
STATUS OF BIFS BURNING HAZARDOUS WASTE IN COLORADO
AND EFFECT OF AMENDMENTS
EPA currently retains enforcement authority over BIFs
burning hazardous waste in Colorado. Under the federal requirements, all BIFs
burning hazardous waste, regardless of whether or not they share a regulatory
exemption to the federal BIF requirements, must notify the EPA of their
existence. According to EPA Region VIII representatives, there are currently no
BIFs burning hazardous waste in Colorado or anywhere else in Region
VIII.
If a new BIF facility is proposed in Colorado, these
amendments act to increase the regulatory requirements for the facility beyond
those requirements specified under the federal regulations.
Currently, no hazardous waste incinerators operate in
Colorado. Amendment of the health-risk based standard for incinerators burning
hazardous waste, will not impact any existing facilities. Currently, hazardous
waste incinerators must comply with the health-risk based performance standard
6 CCR 1007-3, Section 264.342(a). Regulatory amendment of the health risk-based
standard as described in this Statement of Purpose and Basis results in only a
minor increase in the level of technical permitting effort and will probably
result in a more efficient permitting process for these facilities because the
amended standards clarify the expectations for facilities electing to burn
hazardous waste.
The Following Revisions Describe Incorporation of the
Federal BIF Requirements into the CHWRs
Part 260 of the CHWRs
(1) REVISION:
Addition of
definitions pertaining to boilers and industrial furnaces (6 CCR 1007-3.
Section 260.10): These amendments revise definitions for
"Incinerator" and "Industrial Furnace" and add definitions for "Carbon
regeneration unit", "Dioxins/Furans", "Halogen acid furnaces", "Infrared
incinerator", "Plasma arc incinerator", "Sludge dryer", and "TEQ" to CHWRs.
Definitions are equivalent with same definitions found in
40 CFR Section
260.10.
DISCUSSION: Federal regulation applicable to BIFs burning
hazardous waste.
Part 261 of the CHWRs
(1) REVISION:
Adoption of federal
regulation pertaining to secondary materials fed to a halogen acid furnace (6
CCR 1007-3. Section 261.2) This amendment adopts the equivalence
of 40 CFR Section
261.2 into Section 261.2 of the CHWRs
clarifying the regulatory classification of secondary materials fed to halogen
acid furnaces.
DISCUSSION: Federal regulation applicable to BIFs burning
hazardous waste.
(2)
REVISION:
Adoption of federal regulation pertaining to
classification of secondary wastes burned in a BIF (6 CCR 1007-3. Sections
261.4(b)(4) and (8)): This amendment revises 6
CCR 1007-3, Section
261.4(b)(4) and (8) by adopting the equivalence of
40 CFR Section
261.4(b)(4) and (8) to
clarify that certain secondary wastes generated from the burning of
hazardous
waste in BIFs do not share regulatory exemption from being a
hazardous waste
and must be managed in accordance with 6
CCR 1007-3, Section 264.347,
Regulation of residues (see amendments to Part 264 of CHWRs, Revision 6 below).
DISCUSSION: Federal regulation applicable to BIFs burning
hazardous waste.
(3)
REVISION:
Adoption of federal regulation pertaining to requirements
for recyclable materials burned in a BIF (6 CCR 1007-3, Section
261.6(a)(2)(ii)): This amendment revises 6
CCR 1007-3, Section
261.6(a)(2)(ii) by adopting reference to the interim status requirements for
BIFs burning
hazardous waste.
DISCUSSION: Federal regulation applicable to BIFs burning
hazardous waste.
Part 264 of the CHWRs
(1) REVISION:
Adoption of
reference pertaining to the applicability of Part 264 to BIFs
burning
hazardous waste and federal regulation
pertaining to notification of partial or final closure of a BIF (6 CCR 1007-3.
Sections 264.1 and 264.112(d)(1)): This amendment revises 6 CCR
1007-3, Sections 264. l(g)(2) and 264.112(d)(l) by adopting reference to BIFs
into the Part 264 applicability requirements and by adopting the equivalence of
40 CFR Section
264.112(d)(l) to require
Department notification 45 days prior to partial or final closure of a BIF
burning hazardous waste.
DISCUSSION: Federal regulation applicable to BIFs burning
hazardous waste.
(2)
REVISION:
Adoption of federal regulation pertaining to regulatory
applicability of BIF regulations (6 CCR 1007-3. Section 264.340):
This amendment revises 6
CCR 1007-3, Section 264.340 by adopting and
incorporating the equivalence of
40 CFR Section
266.100 to describe the applicability of the
BIF requirements.
DISCUSSION: Federal regulation applicable to BIFs burning
hazardous waste.
(3)
REVISION:
Adoption of federal regulation pertaining to waste
analysis requirement for BIFs burning hazardous waste (6 CCR 1007-3. Section
264.341): This amendment revises 6
CCR 1007-3, Section 264.341 by
adopting the equivalency of 40 CFR Section
266.102(b). Incorporation of
the federal BIF regulatory section requires
waste analysis and analysis of
industrial furnace feedstocks fired into BIFs burning
hazardous waste.
DISCUSSION: Federal regulation applicable to BIFs burning
hazardous waste.
(4)
REVISION:
Adoption of federal requirements pertaining to hazardous
waste emission performance standards for BIFs burning hazardous waste (6 CCR
1007-3. Sections 264.342, 264.343, 264.344 and 264.345): These
amendments revise 6
CCR 1007-3, Sections 264.342 through 264.345 by
incorporating reference to "boilers and industrial furnaces" into the emission
performance standards already applicable to
hazardous waste incinerators and by
incorporating
minor administrative changes necessary for consistency and
equivalence with the federal regulation.
DISCUSSION: With the exception of the risk-based
performance standard, 6 CCR 1007-3, Section 264.342(a), the current emission
performance standards applicable to hazardous waste incinerators defined in 6
CCR 1007-3, Sections 264.342, 264.343, 264.344, and 264.345 are generally
consistent with the federal BIF requirements,
40 CFR Sections
266.104,
266.105,
266.106, and
266.107 respectively. The emission
performance standards for BIFs burning hazardous waste in the federal RCRA
regulation were adopted into the CHWRs in a 1995 rulemaking hearing for
hazardous waste incinerators because the standards were the most protective
emission standards for hazardous waste combustors available at that time.
Reference to BIFs, including specific requirements applying only to BIFs, was
eliminated from the performance standards when they were adopted because the
standards were only being applied to hazardous waste incinerators at that
time.
These amendments act to re-incorporate reference to BIFs
back into the incinerator requirements in the CHWRs resulting in emission
performance standards that are applicable to BIFs burning hazardous waste and
hazardous waste incinerators. Re-incorporation of reference to BIFs involves
insertion of "boilers and industrial furnaces" into the performance standards
and adopting additional BIF specific requirements described by the regulatory
equivalencies of 40 CFR
Sections 266.104(c),
266.104(d), and
266.104(f). Minor
administrative revision of the performance standards in these sections is also
necessary to adjust the numerical format of the requirements and to ensure
equivalence with the federal BIF regulations.
The health risk-based performance standard, 6 CCR 1007-3,
Section 264.342(a), is amended under this revision through the insertion of
"boilers and industrial furnaces". This amendment results in requiring BIFs
burning hazardous waste to comply with the health risk-based performance
standard. Additional amendment of the health risk-based performance standards
for hazardous waste incinerators, and through this revision BIFs burning
hazardous waste, is also described in the revisions describing amendments to
the health risk-based performance standard (see below).
(5) REVISION:
Administrative
amendment of operating requirements and permit standards for BIFs and
Incinerators burning hazardous waste (6 CCR 1007-3. Sections 264.346 and
264.347): These amendments revise 264.346 and 264.347 of the CHWRs
by adopting the regulatory format (and equivalency) of
40 CFR Section
266.102,
Permit standards for BIFs burning
hazardous waste.
DISCUSSION: In 1983 when EPA promulgated the rule for
regulation of hazardous waste incinerators, the process for permitting these
types of RCRA units was not well defined. As a result, the incinerator rule, 40
CFR Part 264 , Subpart O did not include emission standards for a number of
hazardous waste constituents or a significant number of operating standards. In
1991, when EPA promulgated the BIF Rule, the requirements for BIFs burning
hazardous waste were based on the emission standards and operating requirements
for incinerators. The emission standards and operating requirements were
however also enhanced to provide for more protective standards, and to provide
for BIF specific detail relevant to the design and operation of BIFs. In
addition to enhancing the emission standards and operating requirements from
the Incinerator Rule, EPA also reformatted the relative location of the
operating standards and permit standards into one section entitled "Permit
Standard for Burners", 40
CFR Section 266.102. Reformatting of these
standards resulted in clarification of the requirements (general permit
standards and operating requirements) applicable to hazardous waste burning
BIFs.
Unfortunately, EPA did not, and has not, revised the
emission standards, operating requirements, and format of the incinerator
requirements in the federal hazardous waste incinerator regulations to make
them consistent with the same standards under the BIF Rule. In 1995, the
Division adopted the incinerator regulations with modification to include the
emission standards and operating requirements promulgated under the federal BIF
Rule. The general format of the federal incinerator regulations however was
retained as the base for the incinerator regulations in the CHWRs.
The Commission is therefore now amending the incinerator
regulations in the CHWRs to make the format of the requirements consistent with
the format for the same requirements under the federal BIF Rule. This
modification is being proposed to clarify the applicability of the requirements
for incinerators and BIFs and involves the relocation and incorporation of
Section 264.347 into Section 264.346 of the CHWRs. These amendments restructure
these sections to be consistent and equivalent with the same requirements and
structure of 40 CFR
266.102. The specific modifications to
Sections 264.346 and 264.347 of the CHWRs are described as follows:
1. Relocation of Section 264.347(a) of the
CHWRs to Section 264.346(b)(l1) of CHWRs; Create new Section 264.346(b) -
Permits;
2. Relocation of Sections
264.347(b) and (c)(1 - 4) of the CHWRs to Sections 264.346(b)(2) and (3)(i -
iv) of the CHWRs respectively;
3.
Create new Section 264.346(c) - Operating Requirements, and incorporate
operating requirements for emission standards described under Section 264.346;
relocation of Section 264.347(c)(5) of the CHWRs to Section 264.346(c)(1) of
the CHWRs;
4. Relocation of
Sections 264.347(d) - (i) of the CHWRs to Sections 264.346(i) - (n) of the
CHWRs respectively;
5. Renaming of
Section 264.346 of the CHWRs from "Operating Requirements" to "Permit Standards
for Burners"; reorganization and renumbering of remaining operating
requirements in Section 264.346 to allow incorporation of appropriate sections
from 264.347 of the CHWRs;
6.
Revision of requirements in Section 264.346 of the CHWRs (formerly within both
Sections 264.346 and 264.347 of the CHWRs) to include reference to the
state
analogs for the BIF specific operating or design requirements contained in
40 CFR
266.102.
(6) REVISION:
Adoption of federal
requirements pertaining to Standards for direct transfer and Regulation of
residues for BIFs burning hazardous waste (6 CCR 1007-3 Sections 264.346,
264.347:
These amendments adopt the equivalency of
40 CFR Sections
266.111 - Standards for direct transfer and
Section 266.112 - Regulation of residues into the CHWRs.
40 CFR Section
266.111 includes requirements for managing
hazardous waste that is transferred from a transport vehicle to a boiler or
industrial furnace without the use of a storage unit.
40 CFR
266.112 includes requirements for managing
residues derived from the burning or processing of hazardous waste in a boiler
or industrial furnace.
DISCUSSION:
40 CFR Section
266.111, Standards for direct transfer are
being adopted and incorporated into revised Section 264.346 of the CHWRs.
Insertion of these standards into revised Section 264.346 of the CHWRs requires
compliance with the standards for both incinerators and BIFs burning hazardous
waste if the waste is transferred directly from a transport vehicle to the
incinerator or BIF without the use of a storage unit. The standards for direct
transfer are applicable to BIFs burning hazardous waste under the federal
regulation. These standards are also appropriate for hazardous waste
incinerators because hazardous waste may be directly transferred to an
incinerator without the use of a storage unit. These standards outline
engineering and operational controls for the transfer activity that are
necessary to ensure adequate protection of human health and the
environment.
40 CFR
Section 266.112 - Regulation of residues is
being adopted into revised Section 264.347 of the CHWRs. Insertion of these
standards into revised Section 264.347 of the CHWRs requires compliance with
the standards for BIFs only. These standards are applicable to BIFs because the
residues generated from burning a hazardous waste in a BIF may also be
products. Hazardous waste incinerators need not comply with these standards
because the waste residue generated by an incinerator is a solid waste already
and not a product. While an incinerator does not have to comply with these
standards, a residue that is generated from a hazardous waste incinerator must
be adequately characterized in accordance with 6 CCR 1007-3, Section
262.11.
(7) REVISION:
Revision of regulatory provision allowing general exemption of the
hazardous waste combustion requirements for facilities conducting trial burns
of hazardous waste (6 CCR 1007-3 Sections 264.340(d) and
264.347(a)(1)): This amendment eliminates 6
CCR 1007-3, Sections
264.340(d) and 264.347(a)(1). Sections 264.340(d) and 264.347(a)(1) of the
CHWRs allow for exemption of the incinerator requirements if a
facility is
conducting a trial burn in compliance with the requirements of 6
CCR 1007-3,
Section 100.22(c).
DISCUSSION: See REVISION (2) under Part 100 Amendments
(below).
(8) REVISION:
Revise hazardous waste incinerator permit requirement for
implementation of operating standards not included under the CHWRs (6 CCR
1007-3 Section 264.346(c)(1)): This amendment revises former
Section 264.347(c)(5) of the CHWRs, Section 264.346(c)(1) of the CHWRs under
these proposed amendments (see Revision (5) above), to clarify that the
Director may develop any operating conditions or requirements in the
permit to
ensure compliance with the performance standards, Section 264.342 through
264.345 of the CHWRs.
DISCUSSION: Section 264.347(c)(5) of the CHWRs currently
allows the Director to develop additional permit conditions necessary to
protect human health and the environment if it is determined during the
permitting process that stack emissions from a facility exceed or may exceed
any performance standard under Part 264, Subpart O of the CHWRs. Under today's
proposed amendments, Section 264.347(c)(5) becomes Section 264.346(c)(1) (see
Revision (5) above). In addition to relocating this requirement, the Commission
is also electing to administratively amend this requirement to clarify the
regulatory authority of the Director to establish additional permit conditions
as necessary to protect human health and the environment This clarification is
necessary for consistency with the new location of the requirement in the
CHWRs, and does not add or take away any authority that is not already defined
by the requirement.
(9)
REVISION:
Adoption of BIF technical appendices associated with
operating requirements and performance standards (6 CCR 1007-3 Section
264.348): This amendment revises Section 264.348 of the CHWRs by
adopting the equivalent technical appendices, 40 CFR Part
266 Appendices I -
XIII. The appendices are used to reference technical information related to the
operating standards and emission performance standards under the BIF
regulations.
DISCUSSION: Adoption of Federal
Regulations pertaining to BIFs burning hazardous waste.
Part 265 of the CHWRs
(1) REVISION:
Adoption of
reference pertaining to the applicability of Part 265 of CHWRs to BIFs burning
hazardous waste and federal regulation pertaining to the closure plan for
interim status BIF facilities burning hazardous waste (6 CCR 1007-3 Sections
265.1(b)(6) and 265.112): This amendment revises 6
CCR 1007-3,
Sections 265.1(b)(6) and 265.112 by adopting reference to BIFs into Part 265 of
CHWRs applicability and by adopting the equivalence of
40 CFR Section
265.112 to require submission and
notification of
closure plans for interim status BIF facilities burning
hazardous waste.
DISCUSSION: Adoption of federal regulation applicable to
interim status BIF facilities burning hazardous waste.
(2) REVISION:
Adoption of federal
regulations pertaining to operating requirements for interim status BIF
facilities burning hazardous waste (6 CCR 1007-3 Sections 265.140, 265.340 and
265.370): This amendment creates new Part 265, Subpart H Section
265.140 of the CHWRs by adopting the equivalence of
40 CFR Section
266.103 to establish operating requirements
for interim status BIF facilities burning
hazardous waste. This amendment also
revises Sections 265.340 and 265.370 of the CHWRs by adopting the equivalence
of 40 CFR Sections
265.340 and
265.370 to incorporate reference
to the operating standards for interim status BIF facilities burning
hazardous
waste.
DISCUSSION: Adoption of federal regulation applicable to
interim status BIF facilities burning hazardous waste.
Part 267 of the CHWRs
(1) REVISION:
Elimination of
standards applicable to burners of hazardous waste fuel (6 CCR 1007-3 Section
267.35): This amendment revises Section 267.35 of the CHWRs by
eliminating the standards applicable to burners of
hazardous waste fuel, and
referencing to the requirements of Part 264, Subpart O for owners and operators
who burn or process
hazardous waste in boilers or industrial furnaces.
DISCUSSION: 6 CCR 1007-3, Section 267.35 describes
standards applicable to boilers and industrial furnaces that burn hazardous
fuel. These standards are being eliminated because BIFs burning hazardous
waste, including hazardous fuel, are subject to the revised requirements in the
CHWRs described in this statement of basis and purpose. Elimination of this
section is also necessary for consistency with the federal regulations.
Part 100 of the CHWRs
(1) REVISION:
Adoption of federal
regulations pertaining to financial assurance for interim status facilities
that have changed ownership (6 CCR 1007-3 Section 100.20(b)(5)):
This amendment adopts the equivalence of
40 CFR Section
270.72(a)(4) requiring
owners or operators of
hazardous waste management facilities to demonstrate
compliance with RCRA financial assurance requirements within six months of the
dates of the change in ownership or operation control of the
facility.
DISCUSSION: Adoption of federal regulation applicable to
interim status hazardous waste management facilities.
(2) REVISION:
Relocation and
revision of requirements pertaining to administrative permitting procedures
related to the trial burn for hazardous waste incinerators, and through these
amendments BIFs burning hazardous waste (6 CCR 1007-3 Section
100.28): These amendments relocate Section 100.22(c) of the CHWRs
to new Section 100.28 of the CHWRs and revise these requirements by adopting
the equivalency of 40 CFR
Section
270.66. These requirements outline
the permitting phases, the trial burn requirements, and the pre-trial burn,
post-trial burn multi-pathway health risk assessment standards for incinerators
and BIFs burning
hazardous waste.
DISCUSSION: Current Section 100.22 of the CHWRs describes
RCRA short-term permits. In 1995, Subsection 100.22(c) was adopted into the
CHWRs to describe the special requirements for Hazardous Waste Incinerator
Permits. The Commission is electing to relocate subsection 100.22(c) to a new
Section 100.28 of the CHWRs. This proposed amendment moves the standards that
describe the individual phases involved in the permitting process, the
requirements for conducting trial burns, and the pre-trial burn, post-trial
burn MPHRA requirements for hazardous waste incinerators (and through these
amendments BIFs burning hazardous waste) to Section 100.28, Special forms of
RCRA permits. Relocation of these standards to Section 100.28 is necessary for
consistency with the federal regulations (see
40 CFR Sections
270.62 and
270.66).
40 CFR Sections
270.62 - Hazardous waste incinerator permits,
and Section 270.66 - Permits for boilers and industrial furnaces burning
hazardous waste, are included in Subpart F to Part 270 of the federal
regulations - Special Forms of Permits.
Hazardous waste incinerator and BIF permits are not
considered short-term permits; rather they are considered special forms of RCRA
Permits. At the time that the incinerator regulations were adopted, placement
of the Hazardous waste incinerator permits section into Section 100.22(c) of
the CHWRs seemed appropriate, because a provision in the federal incinerator
regulations indicated that a facility could theoretically obtain a short-term
RCRA permit to conduct a trial burn of hazardous waste without complying with
the general requirements applicable to all facilities under a hazardous waste
permit (a facility would be subject to only the operating requirements and
trial burn requirements of Sections 264.346 and 100.22(c) of CHWRs or Sections
264.345 and 270.62 of 40 CFR respectively). This provision is described under
Sections 264.340(d) and 264.347(a)(1) of the CHWRs (40 CFR Section
264.340(d) and
264.344(a)(1)
respectively).
In practice, RCRA permits are not issued for short-term
trial burns. Hazardous waste incinerator and BIF facilities must comply with
all the applicable permit requirements (emission standards and operating
requirements) in the regulations and be issued a permit prior to conducting a
trial burn of hazardous waste. All requirements applicable to hazardous waste
incinerators or BIFs, including but not limited to contingency planning,
personnel training, waste analysis, and record keeping requirements are
necessary to ensure that these facilities safely manage hazardous waste during
the trial burn. Relocation of Section 100.22(c) - Hazardous Waste Permits, to
Section 100.28 of the CHWRs clarifies the permitting requirements for a trial
burn. In conjunction with this amendment Sections 264.340(d), 264.347(a)(1),
and Section 100.22(c)(8) of the CHWRs will be eliminated, and Section 100.22 is
numerically reformatted.
Revision of Sections 100.22(c)(1 - 4) of CHWRs (new Section
100.28(a - g) of CHWRs under this amendment) is also necessary to incorporate
detailed language describing the trial burn process and requirements for
conducting trial burns, and to restructure the regulation consistent with the
federal BIF Rule. Revision of Section 100.22(c) per this amendment results in
clarification of the permit requirements associated with the trial burn for
incinerators and BIF facilities burning hazardous waste.
(3) REVISION:
Revision of
pre-trial burn MPHRA requirement pertaining to the comparison of the predicted
ambient air concentration results from expected facility emissions with MACT
emission standards (6 CCR 1007-3 Section 100.28(h)(5)): This
amendment revises Section 100.28(h), formerly Section 100.22(c)(5) of the CHWRs
(see Revision (2) above), to include a comparison of the predicted ambient air
concentrations from the expected emissions of a incinerator or BIF burning
hazardous waste with the MACT Standards, 40 CFR Part
63 , Subpart EEE.
DISCUSSION: These amendments require an owner or operator
of a proposed incinerator or BIF facility to compare the expected emissions
from the facility with the MACT Standards. Expected emissions are based on the
hazardous wastes to be burned at a facility, the proposed engineering controls
and design of the BIF or incinerator, and site-specific risk assessment and
dispersion modeling. This amendment also clarifies that the Director may deny a
permit for the active life of the facility if an approach cannot be provided by
a facility to demonstrate that the standards in Subpart O to Part 264 of the
CHWRs or MACT Standard cannot be met. Compliance with the Subpart O or MACT
Standards is necessary to ensure that the permitted facility will be operated
in a manner that is protective of human health and the environment. A facility
that cannot demonstrate minimal compliance with these standards should not be
issued a RCRA permit by the State.
(4) REVISION:
Revision of
post-trial burn MPHRA requirement pertaining to the comparison of measured
emissions during a trial burn with the emission standards in the permit (6 CCR
1007-3 Section l00.28(i)(4)): This amendment combines former
Sections 100.22(c)(6) and (7) into one section which has been relocated to
Section 100.28(i)(4) of the CHWRs (see also Revision (2) above). This section
requires comparison of the measured emissions during the trial burn for the
facility with the trial burn emission standards in the
permit.
DISCUSSION: This amendment requires an owner or operator of
an incinerator or BIF facility to compare the results of measured emissions
collected during the trial burn with the trial burn emission standards in the
permit. If the expected emissions comply with the applicable trial burn
standards in the permit then the trial burn standards in the permit become the
final emission permit standards. If the trial burn standards are exceeded
during the trial burn, then the owner or operator of the facility may be
required to repeal the trial burn or modify the permit standards in accordance
with 6 CCR 1007-3, Section 100.63.
(5) REVISION:
Revision of
requirement pertaining to information contents of the RCRA Part A Permit
Application (6 CCR 1007-3 Section 100.40(b)): This amendment adds
reference to BIFs into the additional information requirements for RCRA Part A
Permit Applications.
DISCUSSION: 6 CCR 1007-3, Section 100.40 identifies the
information that must be submitted with the RCRA Part A permit application for
all hazardous waste management facilities. Section 100.40(b) of the CHWRs lists
additional information requirements for hazardous waste incinerators. These
requirements include corporate partnership and key personnel identification,
technical qualification for key personnel, and information concerning historic
facility compliance with federal, state, or local regulation. The Commission
has elected to require BIFs burning hazardous waste to also meet the additional
information requirements listed in 6 CCR 1007-3, Section 100.40(b) due to the
similarities of BIFs burning hazardous waste with hazardous waste
incinerators.
(6) REVISION:
Revision of requirements pertaining to information contents of the
RCRA Part B Permit Application (6 CCR 1007-3 Section
100.41(b)(6)): This amendment revises 6
CCR 1007-3, Section
100.41(b)(5) by adopting the equivalency of
40 CFR Section
270.22 - Specific Part B information
requirements for boilers or industrial furnaces burning
hazardous waste. These
requirements are incorporated into the Specific Part B information requirements
applicable to
hazardous waste incinerators.
DISCUSSION: Adoption and incorporation of federal
regulation applicable to BIFs burning hazardous waste.
(7) REVISION:
Revision of
requirements pertaining to public notice of permit actions and public comment
period for facilities with BIFs burning hazardous waste (6 CCR 1007-3 Section
100.506): This amendment adopts reference to BIFs into the
requirements for public notice notification of
permit actions.
DISCUSSION: The Commission is electing to incorporate the
same requirements regarding public notification of permit actions for BIFs as
incinerators due to the similarities between BIFs and incinerators burning
hazardous waste. Revision of these requirements to include reference to BIFs
incorporates the applicability of these requirements to BIFs burning hazardous
waste.
(8) REVISION:
Revision of requirements pertaining to RCRA permit modifications
for BIFs burning hazardous waste (6 CCR 1007-3. Section 100.63):
This amendment adopts the equivalency of
40 CFR Section
270.42 regarding RCRA
permit modifications
for BIFs burning
hazardous waste.
DISCUSSION: Adoption and incorporation of federal
regulation applicable to BIFs burning hazardous waste.
The Following Revisions Describe Amendments to the
Health Risk Based Performance Standard Applicable to Hazardous Waste
Incinerators and BIFs Burning Hazardous Waste (through these
Amendments)
Part 264 of the CHWRs
(1) REVISION:
Revision of the
MPHRA scope to include evaluation of acute inhalation exposure resulting from
facility short-term emissions (6 CCR 1007-3 Section
264.342(a)(1)):
This amendment revises Section 264.342(a)(1) of the CHWRs
with the addition of Section, 264.342(a)(1)(iii), to include evaluation of
acute inhalation exposure resulting from facility short-term emissions under
the scope of the MPHRA.
DISCUSSION: This amendment requires hazardous waste
incineration facilities, and through these amendments, BIF facilities burning
hazardous waste to evaluate acute inhalation exposures to hazardous
constituents that may occur during system startup or shut down procedures, or
other operational upset conditions. In general, the MPHRA evaluates the
long-term or chronic effects of exposure to facility emissions that occur
during the operational life of the facility. However, "In addition to long-term
chronic effects, short-term or acute effects should be considered from direct
inhalation of vapor phase and particle phase COPCs." (EPA, 7-9) Short-term
emissions may not have a significant effect on the end estimation of risk
calculated during a MPHRA because that estimation considers operation over the
life of the facility. "It is assumed that short-term emissions will not have a
significant impact through the indirect exposure pathways (as compared to
impacts from long-term emissions)." (EPA, 7-9)
This amendment is intended to assist the Department in
establishing short-term emission rates for a facility that will be applicable
to the facility during start-up and shut down operations involving the
combustion of hazardous waste. In addition, evaluation of the acute effects
during the MPHRA will allow the Department to better understand the significant
short-term risks and constituent concentrations associated with those risks in
the event of an emergency or other unexpected release of emissions.
Understanding these emissions is essential to ensuring "that the risk
assessment evaluates all receptors that may be significantly exposed to
emissions from facility sources," (EPA 4-11), that facility workers will be
adequately protected in the event of an emergency, and that proper contingency
procedures can be planned for responding to an emergency or other unexpected
event involving the release of hazardous constituents.
(2) REVISION:
Replacement of the
Level II Standards (6 CCR 1007-3 Section 264.342(a)(2)): This
amendment replaces the Level II Standards in 6
CCR 1007-3, Section
264.342(a)(2) with
permit constituent specific emission standards. The
standards are used during the operational period of a incinerator or BIF
burning
hazardous waste to determine compliance with the comprehensive MPHRA
performance standard, 6
CCR 1007-3, Section 264.342(a).
DISCUSSION: This amendment is intended to provide the
Department and regulated facility with a more straightforward method of
determining facility compliance with the comprehensive MPHRA standard. The
Commission is electing to replace the Level II Standards, currently defined
under Section 264.342(a)(2) of the CHWRs with constituent-specific standards
that are defined in the final RCRA operating permit. Compliance with the MPHRA
Performance Standard will be determined by comparing the measured emissions
from the facility directly to applicable permit standards in the final permit.
During the permitting process, permit emission standards and relevant operating
parameters and conditions will be designed to reflect the allowable level of
health risk estimated under the MPHRA. If a facility is in compliance with the
applicable numerical emission standards and operating requirements in the final
permit, the facility will inherently also comply with the MPHRA Performance
Standard. If it is determined that any of the measured constituent emissions
exceed the applicable constituent emission standards in the final permit, then
it will be considered a violation of the facility permit.
This amendment is also intended to clarify the regulatory
procedures for modification of an emission standard in the final permit (see 6
CCR 1007-3, Section 264.342(a)(2)(i)). Under this proposed amendment, the
Permittee may modify a permit emission standard at any time during the
operating period for the facility. The Permittee must follow the administrative
procedures for modification of a State RCRA Permit in Section 100.60 of the
CHWRs. Modification of a State RCRA Permit to change a permit emission standard
is considered a Class 3 Modification under the CHWRs requiring a public notice
and hearing if necessary to discuss the proposed change. The RCRA regulatory
authority will evaluate and make a decision to approve, not approve, or approve
the modification with changes in accordance with the procedures described in 6
CCR 1007-3, Sections 100.60 and 100.63. These procedures are currently
applicable to all RCRA permit modifications. The Commission is not adopting any
changes to the permit modification procedures with this regulatory
amendment.
In evaluating a proposed modification to an emission
standard in the final permit, the MPHRA and a trial-burn may have to be
repeated to demonstrate that the new emission standard(s), and all the
remaining emission standards, comply with the estimated level of health risk
allowed under the MPHRA Performance Standard. This regulatory amendment also
clarifies that the MPHRA and/or a trial-burn may need to be repeated at any
time a permit emission standard is proposed for modification.
Amendment of the Level II Standards is being adopted
because the Level II Standards may not be adequate to measure compliance with
the comprehensive MPHRA Standard in all instances. The Level II Standards do
not reflect a health risk level that is as protective as the comprehensive
MPHRA performance standard because the Level II Standards do not evaluate the
health risk resulting from indirect exposure to emission contaminates. In
instances where a significant amount of health risk results from indirect
exposure to emission contaminates, a facility may be in compliance with the
Level II Standards but not be in compliance with the comprehensive MPHRA
Performance Standard. Since compliance with the comprehensive MPHRA Performance
Standard is not revisited unless the Level II Standards are exceeded during a
periodic monitoring event, a facility could theoretically be emitting hazardous
constituents at levels that have not been demonstrated to be protective of
human health and the environment.
Amendment of the Level II Standards may also result in
permit standards for additional constituents (in addition to those defined
under the current Level II Standards) and more protective emission levels
depending on the types and levels of hazardous constituents in the waste
burned. Amendment of the Level II Standards allows the Department to develop
those emission standards in the permit at levels that demonstrate adequate
protection of human health and the environment as evaluated through the
MPHRA.
The Commission believes that compliance with permit
constituent specific emission standards as described under this amendment will
provide a better method by which to determine facility compliance with the
comprehensive MPHRA standard. The regulatory amendment will result in a more
definitive understanding of the standards necessary to ensure protection of
human health and the environment. This definitive understanding will benefit
the facility, the Department, and the public, because ambiguity in measuring
facility compliance with the MPHRA Performance Standard will be
eliminated.
(3) REVISION:
Administrative Revision of the Level I Standard (6 CCR 1007-3
Section 264.342(a)): This amendment revises the former Level I
Standard, the comprehensive MPHRA standard described in 6
CCR 1007-3, Section
264.342(a) for clarification purposes.
DISCUSSION: Administrative revision of the former Level I
Standard is necessary to clarify the requirements for conducting either the
pre-trial burn or post-trial burn MPHRA, to reflect replacement of the Level II
Standards with permit specific emission standards (see Revision (2) above), and
to reflect the addition of the requirement to evaluate acute inhalation
exposure resulting from facility short-term emissions (see Revision (1) above).
This proposed amendment essentially restructures the current Level I standard
into one section with three separate subsections, and eliminates nomenclature
reference to the standard as the "Level I Standard" throughout Parts 264 and
100 of the CHWRs. The functional aspect of the MPHRA standard remains
unaffected by this proposed amendment.
Part 100 of the CHWRs
(1) REVISION:
Revision of
requirement pertaining to the evaluation of risk posed to children under the
scope of the MPHRA (6 CCR 1007-3 Section 100.22(h) and (i): This
amendment revises 6
CCR 1007-3, Section 100.28(h) and (i) by clarifying that
the MPHRA must include
examination of health risk posed to both children and
adults.
DISCUSSION: Sections 100.28(h) and (i), formerly Section
100.22(c)(5) and (6) of the CHWRs (see amendments for incorporation of BIF
regulations, Revision (2) to Part 100) describe the specific procedures for
conducting the Pre-trial Burn and Post-trial Burn MPHRAs. The Commission is
adopting regulatory language to these sections to clarify that the MPHRAs must
examine not only health risk posed to adults but also health risk posed to
children. Evaluation of health risk posed to children during the MPHRA is
important because children are considered a part of the sensitive subpopulation
that the risk assessment must examine to ensure adequate protection. Moreover,
children have a greater quantifiable exposure through direct inhalation and
indirect (ingestion and dermal contact) pathways when expressed as the dose
rate per body weight because children have lower body weights. Therefore,
children are at a greater risk than adults. Examination of the risk posed to
both adults and children under a MPHRA is consistent with EPA Combustion Risk
Assessment Guidance and application of risk assessment under the RCRA
Corrective Action Program.
Incorporation of EPA Preamble Language By
Reference
Applicable portions of the preamble language from the
following Environmental Protection Agency final rules published in the Federal
Register are hereby incorporated by reference:
1) Burning of
Hazardous Waste in Boilers and
Industrial Furnaces, 56 Fed. Reg.
7134-
7240 (February 21, 1991).
2) Burning of Hazardous Waste in Boilers and
Industrial Furnaces; Corrections and Technical Amendments, 56 Fed. Reg.
32688-32886 (July 17, 1991).
3)
Burning of
Hazardous Waste in Boilers and Industrial Furnaces; Technical
Amendments, 56 Fed. Reg.
42504-
42517 (August 27, 1991).
4) Burning of
Hazardous Waste in Boilers and
Industrial Furnaces; Technical Amendments, 57 Fed. Reg.
38558-
38566 (August 25,
1992).
5) Burning of Hazardous
Waste in Boilers and Industrial Furnaces; Technical Amendments, 57 Fed. Reg.
44999-45001 (September 30, 1992).
6) Requirements for Preparation, Adoption,
and Submittal of Implementation Plans, 58 Fed. Reg.
38816-
38884 (July 20,
1993).
7) Burning of Hazardous
Waste in Boilers and Industrial Furnaces; Interim Final Rule, 58 Fed. Reg.
59598-59603 (November 9, 1993).
8)
Land Disposal Restrictions Phase II - Universal Treatment Standards, and
Treatment Standards for Organic Toxicity Characteristic Wastes and Newly Listed
Wastes, 59 Fed. Reg.
47982-
48109 (September 19, 1994).
9) Final Standards for Hazardous Air
Pollutants for
Hazardous Waste Combustors, 64 Fed. Reg.
52828-
53077 (September
30, 1999).
10) Final Standards for
Hazardous Air Pollutants for
Hazardous Waste Combustors; Technical Correction,
64 Fed. Reg.
63209-
63213 (November 19, 1999).
11) Standards for Hazardous Air Pollutants
for
Hazardous Waste Combustors; Final Amendments Rule, 67 Fed. Reg.
6968-
6996
(February 14, 2002).
References
1. EPA. "Human Health Risk
Assessment Protocol for Hazardous Waste Combustion Facilities".
Volume I, United States Environmental Protection Agency Region 6, July,
1998.
2. CDPHE,
"Statement of Basis and Purpose for Amended Regulations for
Incineration of Hazardous Waste", Rule Making Hearings, October
18, 1994, November 15, 1994, January 17, 1995, February 21, 1995, April 18,
1995, and May 16, 1995
3. NESHAPS,
"Final Standards for Hazardous Waste Air Pollutants for Hazardous
Waste Combustors: Final Rule". 64 Fed. Reg.
52828 et seq.,
September 30, 1999, United States Environmental Protection Agency
Statement of Basis and Purpose - Rulemaking Hearing
of August 12, 2003
