Haw. Code R. § 11-266-103 - Interim status standards for burners
(a) Purpose, scope,
applicability.--
(1) General.
(i) The purpose of this section is to
establish minimum State standards for owners and operators of "existing"
boilers and industrial furnaces that have achieved RCRA interim status on the
effective date of this chapter and burn hazardous waste, where such standards
define the acceptable management of hazardous waste during the period of
interim status. The standards of this section apply to owners and operators of
existing facilities that have achieved RCRA interim status on the effective
date of this chapter until either a permit is issued under subsection
11-266-102(d) or until closure responsibilities identified in this section are
fulfilled.
(ii) Existing or in
existence means a boiler or industrial furnace that on or before August 21,
1991 is either in operation burning or processing hazardous waste or for which
construction (including the ancillary facilities to burn or to process the
hazardous waste) has commenced. A facility has commenced construction if the
owner or operator has obtained the Federal, State, and county approvals or
permits necessary to begin physical construction; and either:
(A) A continuous on-site, physical
construction program has begun; or
(B) The owner or operator has entered into
contractual obligations -- which cannot be canceled or modified without
substantial loss -- for physical construction of the facility to be completed
within a reasonable time.
(2)
Exemptions. The requirements of this section do not apply to hazardous waste
and facilities exempt under subsection 11-266-100(b), or section
11-266-108.
(3) Prohibition on
burning dioxin-listed wastes. The following hazardous waste listed for dioxin
and hazardous waste derived from any of these wastes may not be burned in a
boiler or industrial furnace operating under interim status: F020, F021, F022,
F023, F026, and F027.
(4)
Applicability of chapter 11-265 standards. Owners and operators of boilers and
industrial furnaces that burn hazardous waste and are operating under interim
status are subject to the following provisions of chapter 11-265, except as
provided otherwise by this section:
(i) In
subchapter A (General), section 11-265-4;
(iv) In subchapter D (Contingency plan and
emergency procedures), sections 11-265-51 through 11-265-56;
(v) In subchapter E (Manifest system,
recordkeeping, and reporting), sections 11-265-71 through 11-265-77, except
that sections 11-265-71, 11-265-72, and 11-265-76 do not apply to owners and
operators of on-site facilities that do not receive any hazardous waste from
off-site sources;
(vii) In subchapter H
(Financial requirements), sections 11-265-141, 11-265-142, 11-265-143, and
11-265-147 through 11-265-151, except that the State and the federal government
are exempt from the requirements of subchapter H; and
(viii) Subchapter BB (Air emission standards
for equipment leaks), except subsection 11-265-1050(a).
(5) Special requirements for furnaces. The
following controls apply during interim status to industrial furnaces (e.g.,
kilns, cupolas) that feed hazardous waste for a purpose other than solely as an
ingredient (see subparagraph 11-266-103(a) (5) (ii)) at any location other than
the hot end where products are normally discharged or where fuels are normally
fired:
(i) Controls.
(A) The hazardous waste shall be fed at a
location where combustion gas temperatures are at least one-thousand eight
hundred degrees fahrenheit;
(B) The
owner or operator must determine that adequate oxygen is present in combustion
gases to combust organic constituents in the waste and retain documentation of
such determination in the facility record;
(C) For cement kiln systems, the hazardous
waste shall be fed into the kiln; and
(D) The hydrocarbon controls of subsection
11-266-104(c) or paragraph (c)(5) of this section apply upon certification of
compliance under paragraph (c) of this section irrespective of the CO level
achieved during the compliance test.
(ii) Burning hazardous waste solely as an
ingredient. A hazardous waste is burned for a purpose other than solely as an
ingredient if it meets either of these criteria:
(A) The hazardous waste has a total
concentration of nonmetal compounds listed in chapter 11-261, appendix VIII,
exceeding five-hundred ppm by weight, as-fired, and so is considered to be
burned for destruction. The concentration of nonmetal compounds in a waste
as-generated may be reduced to the five-hundred ppm limit by bona fide
treatment that removes or destroys nonmetal constituents. Blending for dilution
to meet the five-hundred ppm limit is prohibited and documentation that the
waste has not been impermissibly diluted must be retained in the facility
record; or
(B) The hazardous waste
has a heating value of five-thousand Btu/lb or more, as-fired, and so is
considered to be burned as fuel. The heating value of a waste as-generated may
be reduced to below the five-thousand Btu/lb limit by bona fide treatment that
removes or destroys organic constituents. Blending to augment the heating value
to meet the five-thousand Btu/lb limit is prohibited and documentation that the
waste has not been impermissibly blended must be retained in the facility
record.
(6)
Restrictions on burning hazardous waste that is not a fuel. Prior to
certification of compliance under subsection (c), owners and operators shall
not feed hazardous waste that has a heating value less than five-thousand
Btu/lb, as-generated, (except that the heating value of a waste as-generated
may be increased to above the five-thousand Btu/lb limit by bona fide
treatment; however, blending to augment the heating value to meet the
five-thousand Btu/lb limit is prohibited and records must be kept to document
that impermissible blending has not occurred) in a boiler or industrial
furnace, except that:
(i) Hazardous waste may
be burned solely as an ingredient; or
(ii) Hazardous waste may be burned for
purposes of compliance testing (or testing prior to compliance testing) for a
total period of time not to exceed seven-hundred and twenty hours; or
(iii) Such waste may be burned if the
director has documentation to show that, prior to August 21, 1991:
(A) The boiler or industrial furnace is
operating under the interim status standards for incinerators provided by
Subchapter O of chapter 11-265 or Subpart O of 40 C.F.R. Part 265, or the
interim status standards for thermal treatment units provided by subchapter P
of chapter 11-265 or subpart P of 40 C.F.R. Part 265; and
(B) The boiler or industrial furnace met the
interim status eligibility requirements under section 11-270-70 or
40 C.F.R
270.70 for Subchapter O or subchapter P of
chapter 11-265, or Subpart O or subpart P of 40 C.F.R Part 265; and
(C) Hazardous waste with a heating value less
than five-thousand Btu/lb was burned prior to that date; or
(7) Direct transfer to the burner.
If hazardous waste is directly transferred from a transport vehicle to a boiler
or industrial furnace without the use of a storage unit, the owner and operator
must comply with section 11-266-111.
(b) Certification of precompliance:
(1) General. The owner or operator must
provide complete and accurate information specified in paragraph (b)(2) to the
director and must establish limits for the operating parameters specified in
paragraph (b)(3). Such information is termed a "certification of precompliance"
and constitutes a certification that the owner or operator has determined that,
when the facility is operated within the limits specified in paragraph (b)(3),
the owner or operator believes that, using best engineering judgment, emissions
of particulate matter, metals, and HCl and Cl2 are not
likely to exceed the limits provided by sections 11-266-105, 11-266-106 and
11-266-107. The facility may burn hazardous waste only under the operating
conditions that the owner or operator establishes under paragraph (b)(3) until
the owner or operator submits a revised certification of precompliance under
paragraph (b) (8) or a certification of compliance under subsection (c), or
until a permit is issued.
(2)
Information required. The following information must be submitted with the
certification of precompliance to support the determination that the limits
established for the operating parameters identified in paragraph (b)(3) are not
likely to result in an exceedance of the allowable emission rates for
particulate matter, metals, and HCl and Cl2:
(i) General facility information:
(A) EPA facility identification
number;
(B) Facility name, contact
person, telephone number, and address;
(C) Description of boilers and industrial
furnaces burning hazardous waste, including type and capacity of
device;
(D) A scaled plot plan
showing the entire facility and location of the boilers and industrial furnaces
burning hazardous waste; and
(E) A
description of the air pollution control system on each device burning
hazardous waste, including the temperature of the flue gas at the inlet to the
particulate matter control system.
(ii) Except for facilities complying with the
Tier I or Adjusted Tier I feed rate screening limits for metals or total
chlorine and chloride provided by subsection 11-266-106(b) or (e) and paragraph
11-266-107(b) (1) or subsection 11-266-107(e), respectively, the estimated
uncontrolled (at the inlet to the air pollution control system) emissions of
particulate matter, each metal controlled by section 11-266-106, and hydrogen
chloride and chlorine, and the following information to support such
determinations:
(A) The feed rate (lb/hr) of
ash, chlorine, antimony, arsenic, barium, beryllium, cadmium, chromium, lead,
mercury, silver, and thallium in each feedstream (hazardous waste, other fuels,
industrial furnace feedstocks);
(B)
The estimated partitioning factor to the combustion gas for the materials
identified in clause (b)(2)(ii)(A) and the basis for the estimate and an
estimate of the partitioning to HCl and Cl2 of total
chloride and chlorine in feed materials. To estimate the partitioning factor,
the owner or operator must use either best engineering judgment or the
procedures specified in appendix IX.
(C) For industrial furnaces that recycle
collected particulate matter (PM) back into the furnace and that will certify
compliance with the metals emissions standards under clause (c)(3)(ii)(A), the
estimated enrichment factor for each metal. To estimate the enrichment factor,
the owner or operator must use either best engineering judgment or the
procedures specified in "Alternative Methodology for Implementing Metals
Controls" in appendix IX.
(D) If
best engineering judgment is used to estimate partitioning factors or
enrichment factors under clause (b)(2)(ii)(B) or (b)(2)(ii)(C) respectively,
the basis for the judgment. When best engineering judgment is used to develop
or evaluate data or information and make determinations under this section, the
determinations must be made by a qualified, registered professional engineer
and a certification of his/her determinations in accordance with subsection
11-270-11(d) must be provided in the certification of precompliance.
(iii) For facilities complying
with the Tier I or Adjusted Tier I feed rate screening limits for metals or
total chlorine and chloride provided by subsection 11-266-106(b) or (e) and
paragraph 11-266-107(b) (1) or subsection 11-266-107(e), the feed rate (lb/hr)
of total chloride and chlorine, antimony, arsenic, barium, beryllium, cadmium,
chromium, lead, mercury, silver, and thallium in each feed stream (hazardous
waste, other fuels, industrial furnace feedstocks).
(iv) For facilities complying with the Tier
II or Tier III emission limits for metals or HCl and Cl2
(under subsection 11-266-106(c) or 11-266-106(d) or paragraph
11-266-107(b)(2) or subsection 11-266-107(c)), the estimated controlled (outlet
of the air pollution control system) emissions rates of particulate matter,
each metal controlled by section 11-266-106, and HCl and
Cl2, and the following information to support such
determinations:
(A) The estimated air
pollution control system (APCS) removal efficiency for particulate matter, HCl,
Cl2, antimony, arsenic, barium, beryllium, cadmium,
chromium, lead, mercury, silver, and thallium.
(B) To estimate APCS removal efficiency, the
owner or operator must use either best engineering judgment or the procedures
prescribed in appendix IX.
(C) If
best engineering judgment is used to estimate APCS removal efficiency, the
basis for the judgment. Use of best engineering judgment must be in conformance
with provisions of clause (b)(2)(ii)(D).
(v) Determination of allowable emissions
rates for HCl, Cl2, antimony, arsenic, barium,
beryllium, cadmium, chromium, lead, mercury, silver, and thallium, and the
following information to support such determinations:
(A) For all facilities:
(1) Physical stack height;
(2) Good engineering practice stack height as
defined by
40
CFR 51.100(ii);
(3) Maximum flue gas flow rate;
(4) Maximum flue gas temperature;
(5) Attach a US Geological Service
topographic map (or equivalent) showing the facility location and surrounding
land within five km of the facility;
(6) Identify terrain type: complex or
noncomplex; and
(7) Identify land
use: urban or rural.
(B)
For owners and operators using Tier III site specific dispersion modeling to
determine allowable levels under subsection 11-266-106(d) or 11-266-107(c), or
adjusted Tier I feed rate screening limits under subsection ll-266-106(e) or
11-266-107(e):
(1) Dispersion model and
version used;
(2) Source of
meteorological data;
(3) The
dilution factor in micrograms per cubic meter per gram per second of emissions
for the maximum annual average off-site (unless on-site is required) ground
level concentration (MEI location); and
(4) Indicate the MEI location on the map
required under subclause (b) (2) (v) (A) (5);
(vi) For facilities complying with the Tier
II or III emissions rate controls for metals or HCl and
Cl2, a comparison of the estimated controlled emissions
rates determined under subparagraph (b)(2)(iv) with the allowable emission
rates determined under subparagraph (b)(2)(v);
(vii) For facilities complying with the Tier
I (or adjusted Tier I) feed rate screening limits for metals or total chloride
and chlorine, a comparison of actual feed rates of each metal and total
chlorine and chloride determined under subparagraph (b) (2) (iii) to the Tier I
allowable feed rates; and
(viii)
For industrial furnaces that feed hazardous waste for any purpose other than
solely as an ingredient (as defined by subparagraph (a) (5) (ii)) at any
location other than the product discharge end of the device, documentation of
compliance with the requirements of clauses (a)(5)(i)(A), (a) (5) (i) (B), and
(a) (5) (i) (C).
(ix) For
industrial furnaces that recycle collected particulate matter (PM) back into
the furnace and that will certify compliance with the metals emissions
standards under clause (c) (3) (ii) (A):
(A)
The applicable particulate matter standard in lb/hr; and
(B) The precompliance limit on the
concentration of each metal in collected PM.
(3) Limits on operating conditions. The owner
and operator shall establish limits on the following parameters consistent with
the determinations made under paragraph (b)(2) and certify (under provisions of
paragraph (b)(9)) to the director that the facility will operate within the
limits during interim status when there is hazardous waste in the unit until
revised certification of precompliance under paragraph (b)(8) or certification
of compliance under subsection (c):
(i) Feed
rate of total hazardous waste and (unless complying with the Tier I or adjusted
Tier I metals feed rate screening limits under subsection 11-266-106(b) or
11-266-106(e)) pumpable hazardous waste;
(ii) Feed rate of each metal in the following
feed streams:
(A) Total feed streams, except
that industrial furnaces that comply with the alternative metals implementation
approach under paragraph (b)(4) must specify limits on the concentration of
each metal in collected particulate matter in lieu of feed rate limits for
total feedstreams;
(B) Total
hazardous waste feed, unless complying with the Tier I or Adjusted Tier I
metals feed rate screening limits under subsection 11-266-106(b) or (e);
and
(C) Total pumpable hazardous
waste feed, unless complying with the Tier I or adjusted Tier I metals feed
rate screening limits under subsection 11-266-106(b) or
11-266-106(e);
(iii)
Total feed rate of chlorine and chloride in total feed streams;
(iv) Total feed rate of ash in total feed
streams, except that the ash feed rate for cement kilns and light-weight
aggregate kilns is not limited; and
(v) Maximum production rate of the device in
appropriate units when producing normal product, unless complying with the Tier
I or Adjusted Tier I feed rate screening limits for chlorine under paragraph
11-266-107(b)(1) or subsection 11-266-107(e) and for all metals under
subsection 11-266-106(b) or (e), and the uncontrolled particulate emissions do
not exceed the standard under section 11-266-105.
(4) Operating requirements for furnaces that
recycle PM. Owners and operators of furnaces that recycle collected particulate
matter (PM) back into the furnace and that will certify compliance with the
metals emissions controls under clause (c)(3)(ii)(A) must comply with the
special operating requirements provided in "Alternative Methodology for
Implementing Metals Controls" in Appendix IX.
(5) Measurement of feed rates and production
rate.
(i) General requirements. Limits on
each of the parameters specified in paragraph (b)(3) (except for limits on
metals concentrations in collected particulate matter (PM) for industrial
furnaces that recycle collected PM) shall be established and continuously
monitored under either of the following methods:
(A) Instantaneous limits. A limit for a
parameter may be established and continuously monitored and recorded on an
instantaneous basis (i.e., the value that occurs at any time) not to be
exceeded at any time; or
(B) Hourly
rolling average limits. A limit for a parameter may be established and
continuously monitored on an hourly rolling average basis defined as follows:
(1) A continuous monitor is one which
continuously samples the regulated parameter without interruption, and
evaluates the detector response at least once each fifteen seconds, and
computes and records the average value at least every sixty seconds.
(2) An hourly rolling average is the
arithmetic mean of the sixty most recent 1-minute average values recorded by
the continuous monitoring system.
(ii) Rolling average limits for carcinogenic
metals and lead. Feed rate limits for the carcinogenic metals (arsenic,
beryllium, cadmium, and chromium) and lead may be established either on an
hourly rolling average basis as prescribed by clause (b)(5)(i)(B) or on (up to)
a twenty-four hour rolling average basis. If the owner or operator elects to
use an averaging period from two to twenty-four hours:
(A) The feed rate of each metal shall be
limited at any time to ten times the feed rate that would be allowed on a
hourly rolling average basis;
(B)
The continuous monitor shall meet the following specifications:
(1) A continuous monitor is one which
continuously samples the regulated parameter without interruption, and
evaluates the detector response at least once each fifteen seconds, and
computes and records the average value at least every sixty seconds.
(2) The rolling average for the selected
averaging period is defined as the arithmetic mean of one hour block averages
for the averaging period. A one hour block average is the arithmetic mean of
the one minute averages recorded during the sixty-minute period beginning at
one minute after the beginning of the preceding clock hour.
(iii) Feed rate limits
for metals, total chloride and chlorine, and ash. Feed rate limits for metals,
total chlorine and chloride, and ash are established and monitored by knowing
the concentration of the substance (i.e., metals, chloride/chlorine, and ash)
in each feedstream and the flow rate of the feedstream. To monitor the feed
rate of these substances, the flow rate of each feedstream must be monitored
under the continuous monitoring requirements of subparagraphs (b) (5) (i) and
(b) (5) (ii).
(6)
[Reserved]
(7) Monitoring other
operating parameters. When the monitoring systems for the operating parameters
listed in subparagraphs (c)(1)(v) through (c)(1)(xiii) are installed and
operating in conformance with vendor specifications or (for CO, HC, and oxygen)
specifications provided by appendix IX, as appropriate, the parameters shall be
continuously monitored and records shall be maintained in the operating
record.
(8) Revised certification
of precompliance. The owner or operator may revise at any time the information
and operating conditions documented under paragraphs (b)(2) and (b)(3) in the
certification of precompliance by submitting a revised certification of
precompliance under procedures provided by those paragraphs.
(i) The public notice requirements of
paragraph (b)(6) do not apply to recertifications.
(ii) The owner and operator must operate the
facility within the limits established for the operating parameters under
paragraph (b)(3) until a revised certification is submitted under this
paragraph or a certification of compliance is submitted under subsection
(c).
(9) Certification
of precompliance statement. The owner or operator must include the following
signed statement with the certification of precompliance submitted to the
director:
"I certify under penalty of law that this information was prepared under my direction or supervision in accordance with a system designed to ensure that qualified personnel properly gathered and evaluated the information and supporting documentation. Copies of all emissions tests, dispersion modeling results and other information used to determine conformance with the requirements of subsection 11-266-103(b) of the Hawaii Administrative Rules are available at the facility and can be obtained from the facility contact person listed above. Based on my inquiry of the person or persons who manages the facility, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. I also acknowledge that the operating limits established in this certification pursuant to paragraphs 11-266-103(b)(3) and 11-266-103(b)(4) of the Hawaii Administrative Rules are enforceable limits at which the facility can legally operate during interim status until:
(1) A revised
certification of precompliance is submitted,
(2) a certification of compliance is
submitted, or
(3) an operating
permit is issued."
(c) Certification of compliance. The owner or
operator shall conduct emissions testing to document compliance with the
emissions standards of subsections 11-266-104(b) through 11-266-104(e);
sections 11-266-105, 11-266-106, 11-266-107, and clause (a) (5) (i) (D) of this
section, under the procedures prescribed by this subsection, except under
extensions of time provided by paragraph (c)(7). Based on the compliance test,
the owner or operator shall submit to the director a complete and accurate
"certification of compliance" (under paragraph (c)(4)) with those emission
standards establishing limits on the operating parameters specified in
paragraph (c)(1).
(1) Limits on operating
conditions. The owner or operator shall establish limits on the following
parameters based on operations during the compliance test (under procedures
prescribed in paragraph (c)(4)(iv) of this section) or as otherwise specified
and include these limits with the certification of compliance. The boiler or
industrial furnace must be operated in accordance with these operating limits
and the applicable emissions standards of subsections 11-266-104(b) through
(e), sections 11-266-105, 11-266-106, and 11-266-107, and clause
11-266-103(a)(5)(i)(D) at all times when there is hazardous waste in the unit.
(i) Feed rate of total hazardous waste and
(unless complying with the Tier I or adjusted Tier I metals feed rate screening
limits under subsection 11-266-106(b) or (e) and the total chlorine and
chloride feed rates screening limits under section 11-266-107(b) or (e)),
pumpable hazardous waste;
(ii) Feed
rate of each metal in the following feedstreams:
(A) Total feedstreams, except that:
(1) Facilities that comply with Tier I or
Adjusted Tier I metals feed rate screening limits may set their operating
limits at the metals feed rate screening limits determined under subsection
11-266-106(b) or (e); and
(2)
Industrial furnaces that must comply with the alternative metals implementation
approach under paragraph (c)(3)(ii) of this section must specify limits on the
concentration of each metal in the collected particulate matter in lieu of feed
rate limits for total feed steams;
(B) Total hazardous waste feed (unless
complying with the Tier I or Adjusted Tier I metals feed rate screening limits
under subsection 11-266-106(b) or (e)); and
(C) Total pumpable hazardous waste feed
(unless complying with the Tier I or Adjusted Tier I metals feed rate screening
limits under subsection 11-266-106(b) or (e));
(iii) Total feed rate of chlorine and
chloride in total feed streams, except that facilities that comply with Tier I
or Adjusted Tier I feed rate screening limits may set their operating limits at
the total chlorine and chloride feed rate screening limits determined under
paragraph 11-266-107(b) (1) or subsection 11-266-107(e);
(iv) Total feed rate of ash in total feed
streams, except that the ash feed rate for cement kilns and light-weight
aggregate kilns is not limited;
(v)
Carbon monoxide concentration, and where required, hydrocarbon concentration in
stack gas. When complying with the CO controls of subsection 11-266-104(b), the
CO limit is 100 ppmv, and when complying with the HC controls of subsection
11-266-104(c), the HC limit is 20 ppmv. When complying with the CO controls of
subsection 11-266-104(c), the CO limit is established based on the compliance
test;
(vi) Maximum production rate
of the device in appropriate units when producing normal product, unless
complying with the Tier I or Adjusted Tier I feed rate screening limits for
chlorine under paragraph 11-266-107(b) (1) or subsection 11-266-107(e) and for
all metals under subsection 11-266-106(b) or (e), and the uncontrolled
particulate emissions do not exceed the standard under section
11-266-105;
(vii) Maximum
combustion chamber temperature where the temperature measurement is as close to
the combustion zone as possible and is upstream of any quench water injection
(unless complying with the Tier I or Adjusted Tier I metals feed rate screening
limits under subsection 11-266-106(b) or (e));
(viii) Maximum flue gas temperature entering
a particulate matter control device (unless complying with Tier I or Adjusted
Tier I metals feed rate screening limits under subsection 11-266-106(b) or (e)
and the total chlorine and chloride feed rate screening limits under subsection
11-266-107(b) or (e));
(ix) For
systems using wet scrubbers, including wet ionizing scrubbers (unless complying
with Tier I or Adjusted Tier I metals feed rate screening limits under section
11-266-106(b)(1) or (e)):
(A) Minimum liquid
to flue gas ration;
(B) Minimum
scrubber blowdown from the system or maximum suspended solids content of
scrubber water; and
(C) Minimum pH
level of the scrubber water;
(x) For systems using venturi scrubbers, the
minimum differential gas pressure across the venturi (unless complying with the
Tier I or Adjusted Tier I metals feed rate screening limits under subsection
11-266-106(b) or (e) and the total chlorine and chloride feed rate screening
limits under paragraph 11-266-107(b)(1) or subsection 11-266-107(e)
);
(xi) For systems using dry
scrubbers (unless complying with the Tier I or Adjusted Tier I metals feed rate
screening limits under subsection 11-266-106(b) or (e) and the total chlorine
and chloride feed rate screening limits under paragraph 11-266-107(b)(1) or
subsection 11-266-107(e)):
(A) Minimum
caustic feed rate; and
(B) Maximum
flue gas flow rate;
(xii) For systems using wet ionizing
scrubbers or electrostatic precipitators (unless complying with the Tier I or
Adjusted Tier I metals feed rate screening limits under subsection
11-266-106(b) or (e) and the total chlorine and chloride feed rate screening
limits under paragraph 11-266-107(b)(1) or subsection 11-266-107(e)):
(A) Minimum electrical power in kilovolt
amperes (kVA) to the precipitator plates; and
(B) Maximum flue gas flow rate;
(xiii) For systems using fabric
filters (baghouses), the minimum pressure drop (unless complying with the Tier
I or Adjusted Tier I metal feed rate screening limits under subsection
11-266-106(b) or (e) and the total chlorine and chloride feed rate screening
limits under paragraph 11-266-107(b)(1) or subsection 11-266-107(e))
(2) Prior notice of compliance
testing. At least thirty days prior to the compliance testing required by
paragraph (c)(3), the owner or operator shall notify the director and submit
the following information:
(i) General
facility information including:
(A) EPA
facility identification number;
(B)
Facility name, contact person, telephone number, and address;
(C) Person responsible for conducting
compliance test, including company name, address, and telephone number, and a
statement of qualifications;
(D)
Planned date of the compliance test;
(ii) Specific information on each device to
be tested including:
(A) Description of
boiler or industrial furnace;
(B) A
scaled plot plan showing the entire facility and location of the boiler or
industrial furnace;
(C) A
description of the air pollution control system;
(D) Identification of the continuous emission
monitors that are installed, including:
(1)
Carbon monoxide monitor;
(2) Oxygen
monitor;
(3) Hydrocarbon monitor,
specifying the minimum temperature of the system and, if the temperature is
less than one-hundred and fifty degrees Celsius, an explanation of why a heated
system is not used (see paragraph (c)(5)) and a brief description of the sample
gas conditioning system;
(E) Indication of whether the stack is shared
with another device that will be in operation during the compliance
test;
(F) Other information useful
to an understanding of the system design or operation.
(iii) Information on the testing planned,
including a complete copy of the test protocol and Quality Assurance/Quality
Control (QA/QC) plan, and a summary description for each test providing the
following information at a minimum:
(A)
Purpose of the test (e.g., demonstrate compliance with emissions of particulate
matter); and
(B) Planned operating
conditions, including levels for each pertinent parameter specified in
paragraph (c) (1).
(3) Compliance testing.-
(i) General. Compliance testing must be
conducted under conditions for which the owner or operator has submitted a
certification of precompliance under subsection (b) of this section and under
conditions established in the notification of compliance testing required by
paragraph (c)(2) of this section. The owner or operator may seek approval on a
case-by-case basis to use compliance test data from one unit in lieu of testing
a similar onsite unit. To support the request, the owner or operator must
provide a comparison of the hazardous waste burned and other feedstreams, and
the design, operation, and maintenance of both the tested unit and the similar
unit. The director shall provide a written approval to use compliance test data
in lieu of testing a similar unit if he or she finds that the hazardous wastes,
the devices, and the operating conditions are sufficiently similar, and the
data from the other compliance test is adequate to meet the requirements of
subsection 11-266-103(c).
(ii)
Special requirements for industrial furnaces that recycle collected PM. Owners
and operators of industrial furnaces that recycle back into the furnace
particulate matter (PM) from the air pollution control system must comply with
one of the following procedures for testing to determine compliance with the
metals standards of subsection ll-266-106(c) or (d):
(A) The special testing requirements
prescribed in "Alternative Method for Implementing Metals Controls" in appendix
IX of this chapter; or
(B) Stack
emissions testing for a minimum of 6 hours each day while hazardous waste is
burned during interim status. The testing must be conducted when burning normal
hazardous waste for that day at normal feed rates for that day and when the air
pollution control system is operated under normal conditions. During interim
status, hazardous waste analysis for metals content must be sufficient for the
owner or operator to determine if changes in metals content may affect the
ability of the facility to meet the metals emissions standards established
under subsection 11-266-106(c) or (d). Under this option, operating limits
(under paragraph (c)(1) of this section) must be established during compliance
testing under paragraph (c)(3) of this section only on the following
parameters:
(1) Feed rate of total hazardous
waste;
(2) Total feed rate of
chlorine and chloride in total feed streams;
(3) Total feed rate of ash in total feed
streams, except that the ash feed rate for cement kilns and light-weight
aggregate kilns is not limited;
(4)
Carbon monoxide concentration, and where required, hydrocarbon concentration in
stack gas;
(5) Maximum production
rate of the device in appropriate units when producing normal product;
or
(C) Conduct
compliance testing to determine compliance with the metals standards to
establish limits on the operating parameters of paragraph (c)(1) of this
section only after the kiln system has been conditioned to enable it to reach
equilibrium with respect to metals fed into the system and metals emissions.
During conditioning, hazardous waste and raw materials having the same metals
content as will be fed during the compliance test must be fed at the feed rates
that will be fed during the compliance test.
(iii) Conduct of compliance testing.
(A) If compliance with all applicable
emissions standards of sections 11-266-104 through 11-266-107 is not
demonstrated simultaneously during a set of test runs, the operating conditions
of additional test runs required to demonstrate compliance with remaining
emissions standards must be as close as possible to the original operating
conditions.
(B) Prior to obtaining
test data for purposes of demonstrating compliance with the applicable
emissions standards of sections 11-266-104 through 11-266-107 or establishing
limits on operating parameters under this section, the facility must operate
under compliance test conditions for a sufficient period to reach steady-state
operations. Industrial furnaces that recycle collected particulate matter back
into the furnace and that comply with paragraph (c)(3)(ii)(A) or (B) of this
section, however, need not reach steady-state conditions with respect to the
flow of metals in the system prior to beginning compliance testing for
metals.
(C) Compliance test data on
the level of an operating parameter for which a limit must be established in
the certification of compliance must be obtained during emissions sampling for
the pollutant(s) (i.e., metals, PM, HCl/Cl2, organic
compounds) for which the parameter must be established as specified by
paragraph (c)(1) of this section.
(4) Certification of compliance. Within
ninety days of completing compliance testing, the owner or operator must
certify to the director compliance with the emissions standards of subsections
11-266-104(b), 11-266-104(c),and 11-266-104(e), sections 11-266-105,
11-266-106, 11-266-107, and clause (a)(5)(i)(D) of this section. The
certification of compliance must include the following information:
(i) General facility and testing information
including:
(A) EPA facility identification
number;
(B) Facility name, contact
person, telephone number, and address;
(C) Person responsible for conducting
compliance testing, including company name, address, and telephone number, and
a statement of qualifications;
(D)
Date(s) of each compliance test;
(E) Description of boiler or industrial
furnace tested;
(F) Person
responsible for quality assurance/quality control (QA/QC), title, and telephone
number, and statement that the procedures prescribed in the QA/QC plan
submitted under subparagraph (c) (2) (iii) have been followed, or a description
of any changes and an explanation of why changes were necessary;
(G) Description of any changes in the unit
configuration prior to or during testing that would alter any of the
information submitted in the prior notice of compliance testing under paragraph
(c)(2), and an explanation of why the changes were necessary;
(H) Description of any changes in the planned
test conditions prior to or during the testing that alter any of the
information submitted in the prior notice of compliance testing under paragraph
(c)(2), and an explanation of why the changes were necessary; and
(I) The complete report on results of
emissions testing,
(ii)
Specific information on each test including:
(A) Purpose(s) of test (e.g., demonstrate
conformance with the emissions limits for particulate matter, metals, HCl,
Cl2, and CO)
(B) Summary of test results for each run and
for each test including the following information:
(1) Date of run;
(2) Duration of run;
(3) Time-weighted average and highest hourly
rolling average CO level for each run and for the test;
(4) Highest hourly rolling average HC level,
if HC monitoring is required for each run and for the test;
(5) If dioxin and furan testing is required
under subsection 11-266-104(e), time-weighted average emissions for each run
and for the test of chlorinated dioxin and furan emissions, and the predicted
maximum annual average ground level concentration of the toxicity equivalency
factor;
(6) Time-weighted average
particulate matter emissions for each run and for the test;
(7) Time-weighted average HCl and
Cl2 emissions for each run and for the test;
(8) Time-weighted average emissions for the
metals subject to regulation under section 11-266-106 for each run and for the
test; and
(9) QA/QC
results,
(iii) Comparison of the actual emissions
during each test with the emissions limits prescribed by subsections
11-266-104(b), 11-266-104(c), and 11-266-104(e), sections 11-266-105,
11-266-106 and 11-266-107 and established for the facility in the certification
of precompliance under subsection (b).
(iv) Determination of operating limits based
on all valid runs of the compliance test for each applicable parameter listed
in paragraph (c)(1) using either of the following procedures:
(A) Instantaneous limits. A parameter may be
measured and recorded on an instantaneous basis (i.e., the value that occurs at
any time) and the operating limit specified as the time-weighted average during
all runs of the compliance test; or
(B) Hourly rolling average basis.
(1) The limit for a parameter may be
established and continuously monitored on an hourly rolling average basis
defined as follows:
(i) A continuous monitor
is one which continuously samples the regulated parameter without interruption,
and evaluates the detector response at least once each fifteen seconds, and
computes and records the average value at least every sixty seconds.
(ii) An hourly rolling average is the
arithmetic mean of the sixty most recent one-minute average values recorded by
the continuous monitoring system.
(2) The operating limit for the parameter
shall be established based on compliance test data as the average over all test
runs of the highest hourly rolling average value for each run.
(C) Rolling average limits for
carcinogenic metals and lead. Feed rate limits for the carcinogenic metals
(i.e., arsenic, beryllium, cadmium, and chromium) and lead may be established
either on an hourly rolling average basis as prescribed by clause (c)(4)(iv)(B)
or on (up to) a twenty four hour rolling average basis. If the owner or
operator elects to use an averaging period from two to twenty four hours:
(1) The feed rate of each metal shall be
limited at any time to ten times the feed rate that would be allowed on a
hourly rolling average basis;
(2)
The continuous monitor shall meet the following specifications:
(i) A continuous monitor is one which
continuously samples the regulated parameter without interruption, and
evaluates the detector response at least once each fifteen seconds, and
computes and records the average value at least every sixty seconds.
(ii) The rolling average for the selected
averaging period is defined as the arithmetic mean of one hour block averages
for the averaging period. A one hour block average is the arithmetic mean of
the one minute averages recorded during the sixty-minute period beginning at
one minute after the beginning of the preceding clock hour; and
(3) The operating limit for the
feed rate of each metal shall be established based on compliance test data as
the average over all test runs of the highest hourly rolling average feed rate
for each run.
(D) Feed
rate limits for metals, total chloride and chlorine, and ash. Feed rate limits
for metals, total chlorine and chloride, and ash are established and monitored
by knowing the concentration of the substance (i.e., metals, chloride/chlorine,
and ash) in each feedstream and the flow rate of the feedstream. To monitor the
feed rate of these substances, the flow rate of each feedstream must be
monitored under the continuous monitoring requirements of clauses (c) (4) (iv)
(A) through (c) (4) (iv) (C).
(v) Certification of compliance statement.
The following statement shall accompany the certification of compliance:
"I certify under penalty of law that this information was prepared under my direction or supervision in accordance with a system designed to ensure that qualified personnel properly gathered and evaluated the information and supporting documentation. Copies of all emissions tests, dispersion modeling results and other information used to determine conformance with the requirements of subsection 11-266-103(c) of the Hawaii Administrative Rules are available at the facility and can be obtained from the facility contact person listed above. Based on my inquiry of the person or persons who manages the facility, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.
I also acknowledge that the operating conditions established in this certification pursuant to subparagraph 11-266-103(c) (4) (iv) of the Hawaii Administrative Rules are enforceable limits at which the facility can legally operate during interim status until a revised certification of compliance is submitted."
(5) Special requirements for HC monitoring
systems. When an owner or operator is required to comply with the hydrocarbon
(HC) controls provided by subsection 11-266-104(c) or paragraph (a)(5)(i)(D) of
this section, a conditioned gas monitoring system may be used in conformance
with specifications provided in appendix IX of this chapter provided that the
owner or operator submits a certification of compliance without using
extensions of time provided by paragraph (c)(7) of this section.
(6) Special operating requirements for
industrial furnaces that recycle collected PM. Owners and operators of
industrial furnaces that recycle back into the furnace particulate matter (PM)
from the air pollution control system must:
(i) When complying with the requirements of
clause (c)(3)(ii)(A), comply with the operating requirements prescribed in
"Alternative Method to Implement the Metals Controls" in appendix IX;
and
(ii) When complying with the
requirements of clause (c)(3)(ii)(B), comply with the operating requirements
prescribed by that clause.
(7) Extensions of time.
(i) If the owner or operator does not submit
a complete certification of compliance for all of the applicable emissions
standards of sections 11-266-104, 11-266-105, 11-266-106, and 11-266-107,
he/she must either:
(A) Stop burning
hazardous waste and begin closure activities under subsection (1) for the
hazardous waste portion of the facility; or
(B) [Reserved]; or
(C) Obtain a case-by-case extension of time
under subparagraph (c)(7)(ii).
(ii) The owner or operator may request a
case-by-case extension of time to extend any time limit provided by subsection
(c) if compliance with the time limit is not practicable for reasons beyond the
control of the owner or operator.
(A) In
granting an extension, the director may apply conditions as the facts warrant
to ensure timely compliance with the requirements of this section and that the
facility operates in a manner that does not pose a hazard to human health and
the environment;
(B) When an owner
or operator requests an extension of time to enable the facility to comply with
the alternative hydrocarbon provisions of subsection 11-266-104(f) and obtain a
hazardous waste management permit because the facility cannot meet the HC limit
of subsection 11-266-104(c):
(1) The director
shall, in considering whether to grant the extension:
(i) Determine whether the owner and operator
have submitted in a timely manner a complete Part B permit application that
includes information required under subsection 11-270-22(b); and
(ii) Consider whether the owner and operator
have made a good faith effort to certify compliance with all other emission
controls, including the controls on dioxins and furans of subsection
11-266-104(e) and the controls on PM, metals, and
HCl/Cl2.
(2) If an extension is granted, the director
shall, as a condition of the extension, require the facility to operate under
flue gas concentration limits on CO and HC that, based on available
information, including information in the Part B permit application, are
baseline CO and HC levels as defined by paragraph 11-266-104(f)(1).
(8) Revised
certification of compliance. The owner or operator may submit at any time a
revised certification of compliance (recertification of compliance) under the
following procedures:
(i) Prior to submittal
of a revised certification of compliance, hazardous waste may not be burned for
more than a total of seven-hundred and twenty hours under operating conditions
that exceed those established under a current certification of compliance, and
such burning may be conducted only for purposes of determining whether the
facility can operate under revised conditions and continue to meet the
applicable emissions standards of sections 11-266-104, 11-266-105, 11-266-106,
and 11-266-107;
(ii) At least
thirty days prior to first burning hazardous waste under operating conditions
that exceed those established under a current certification of compliance, the
owner or operator shall notify the director and submit the following
information:
(A) EPA facility identification
number, and facility name, contact person, telephone number, and
address;
(B) Operating conditions
that the owner or operator is seeking to revise and description of the changes
in facility design or operation that prompted the need to seek to revise the
operating conditions;
(C) A
determination that when operating under the revised operating conditions, the
applicable emissions standards of sections 11-266-104, 11-266-105, 11-266-106,
and 11-266-107 are not likely to be exceeded. To document this determination,
the owner or operator shall submit the applicable information required under
paragraph (b)(2); and
(D) Complete
emissions testing protocol for any pretesting and for a new compliance test to
determine compliance with the applicable emissions standards of sections
11-266-104, 11-266-105, 11-266-106, and 11-266-107 when operating under revised
operating conditions. The protocol shall include a schedule of pre- testing and
compliance testing. If the owner and operator revises the scheduled date for
the compliance test, he/she shall notify the director in writing at least
thirty days prior to the revised date of the compliance test;
(iii) Conduct a compliance test
under the revised operating conditions and the protocol submitted to the
director to determine compliance with the applicable emissions standards of
sections 11-266-104, 11-266-105, 11-266-106, and 11-266-107; and
(iv) Submit a revised certification of
compliance under paragraph (c)(4).
(d) Periodic recertifications. The owner or
operator must conduct compliance testing and submit to the director a
recertification of compliance under provisions of subsection (c) within three
years from submitting the previous certification or recertification. If the
owner or operator seeks to recertify compliance under new operating conditions,
he/she must comply with the requirements of paragraph (c)(8).
(e) Noncompliance with certification
schedule. If the owner or operator does not comply with the interim status
compliance schedule provided by subsections (b), (c), and (d), hazardous waste
burning must terminate on the date that the deadline is missed, closure
activities must begin under subsection (1), and hazardous waste burning may not
resume except under an operating permit issued under section 11-270-66. For
purposes of compliance with the closure provisions of subsection (1) and
paragraph 1-265-112(d)(2) and section 11-265-113 the boiler or industrial
furnace has received "the known final volume of hazardous waste" on the date
that the deadline is missed.
(f)
Start-up and shut-down. Hazardous waste (except waste fed solely as an
ingredient under the Tier I (or adjusted Tier I) feed rate screening limits for
metals and chloride/chlorine) must not be fed into the device during start-up
and shut-down of the boiler or industrial furnace, unless the device is
operating within the conditions of operation specified in the certification of
compliance.
(g) Automatic waste
feed cutoff. During the compliance test required by paragraph (c)(3), and upon
certification of compliance under subsection (c), a boiler or industrial
furnace must be operated with a functioning system that automatically cuts off
the hazardous waste feed when the applicable operating conditions specified in
subparagraphs (c)(1)(i) and (c)(1)(v) through (c)(1)(xiii) deviate from those
established in the certification of compliance. In addition:
(1) To minimize emissions of organic
compounds, the minimum combustion chamber temperature (or the indicator of
combustion chamber temperature) that occurred during the compliance test must
be maintained while hazardous waste or hazardous waste residues remain in the
combustion chamber, with the minimum temperature during the compliance test
defined as either:
(i) If compliance with the
combustion chamber temperature limit is based on a hourly rolling average, the
minimum temperature during the compliance test is considered to be the average
over all runs of the lowest hourly rolling average for each run; or
(ii) If compliance with the combustion
chamber temperature limit is based on an instantaneous temperature measurement,
the minimum temperature during the compliance test is considered to be the
time-weighted average temperature during all runs of the test; and
(2) Operating parameters limited
by the certification of compliance must continue to be monitored during the
cutoff, and the hazardous waste feed shall not be restarted until the levels of
those parameters comply with the limits established in the certification of
compliance.
(h) Fugitive
emissions. Fugitive emissions must be controlled by:
(1) Keeping the combustion zone totally
sealed against fugitive emissions; or
(2) Maintaining the combustion zone pressure
lower than atmospheric pressure; or
(3) An alternate means of control that the
owner or operator can demonstrate provide fugitive emissions control equivalent
to maintenance of combustion zone pressure lower than atmospheric pressure.
Support for such demonstration shall be included in the operating
record.
(i) Changes. A
boiler or industrial furnace must cease burning hazardous waste when changes in
combustion properties, or feed rates of the hazardous waste, other fuels, or
industrial furnace feedstocks, or changes in the boiler or industrial furnace
design or operating conditions deviate from the limits specified in the
certification of compliance,
(j)
Monitoring and Inspections.
(1) The owner or
operator must monitor and record the following, at a minimum, while burning
hazardous waste:
(i) Feed rates and
composition of hazardous waste, other fuels, and industrial furnace feed
stocks, and feed rates of ash, metals, and total chloride and chlorine as
necessary to ensure conformance with the certification of precompliance or
certification of compliance;
(ii)
Carbon monoxide (CO), oxygen, and if applicable, hydrocarbons (HC), on a
continuous basis at a common point in the boiler or industrial furnace
downstream of the combustion zone and prior to release of stack gases to the
atmosphere in accordance with the operating limits specified in the
certification of compliance. CO, HC, and oxygen monitors must be installed,
operated, and maintained in accordance with the methods specified in Appendix
IX.
(iii) Upon the request of the
director, sampling and analysis of the hazardous waste (and other fuels and
industrial furnace feed stocks as appropriate) and the stack gas emissions must
be conducted to verify that the operating conditions established in the
certification of precompliance or certification of compliance achieve the
applicable standards of sections 11-266-104, 11-266-105, 11-266-106, and
11-266-107.
(2) The
boiler or industrial furnace and associated equipment (pumps, valves, pipes,
fuel storage tanks, etc.) must be subjected to thorough visual inspection when
they contain hazardous waste, at least daily for leaks, spills, fugitive
emissions, and signs of tampering.
(3) The automatic hazardous waste feed cutoff
system and associated alarms must be tested at least once every seven days when
hazardous waste is burned to verify operability, unless the owner or operator
can demonstrate that weekly inspections will unduly restrict or upset
operations and that less frequent inspections will be adequate. Support for
such demonstration shall be included in the operating record. At a minimum,
operational testing must be conducted at least once every thirty
days.
(4) These monitoring and
inspection data must be recorded and the records must be placed in the
operating log.
(k)
Recordkeeping. The owner or operator must keep in the operating record of the
facility all information and data required by this section until closure of the
boiler or industrial furnace unit.
(l) Closure. At closure, the owner or
operator must remove all hazardous waste and hazardous waste residues
(including, but not limited to, ash, scrubber waters, and scrubber sludges)
from the boiler or industrial furnace and must comply with sections 11-265-111 through 11-265-115.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.