Haw. Code R. § 11-266-109 - Low risk waste exemption
(a) Waiver of DRE
standard. The DRE standard of subsection 11-266-104(a) does not apply if the
boiler or industrial furnace is operated in conformance with paragraph (a)(1)
of this section and the owner or operator demonstrates by procedures prescribed
in paragraph (a)(2) of this section that the burning will not result in
unacceptable adverse health effects.
(1) The
device shall be operated as follows:
(i) A
minimum of fifty percent of fuel fired to the device shall be fossil fuel,
fuels derived from fossil fuel, tall oil, or, if approved by the director on a
case-by-case basis, other nonhazardous fuel with combustion characteristics
comparable to fossil fuel. Such fuels are termed "primary fuel" for purposes of
this section. (Tall oil is a fuel derived from vegetable and rosin fatty
acids.) The fifty percent primary fuel firing rate shall be determined on a
total heat or mass input basis, whichever results in the greater mass feed rate
of primary fuel fired;
(ii) Primary
fuels and hazardous waste fuels shall have a minimum as-fired heating value of
eight thousand Btu/lb;
(iii) The
hazardous waste is fired directly into the primary fuel flame zone of the
combustion chamber; and
(iv) The
device operates in conformance with the carbon monoxide controls provided by
paragraph 11-266-104(b)(1). Devices subject to the exemption provided by this
section are not eligible for the alternative carbon monoxide controls provided
by subsection 11-266-104(c).
(2) Procedures to demonstrate that the
hazardous waste burning will not pose unacceptable adverse public health
effects are as follows:
(i) Identify and
quantify those nonmetal compounds listed in appendix VIII of chapter 11-261
that could reasonably be expected to be present in the hazardous waste. The
constituents excluded from analysis must be identified and the basis for their
exclusion explained;
(ii) Calculate
reasonable, worst case emission rates for each constituent identified in
subparagraph (a)(2)(i) by assuming the device achieves 99.9 percent destruction
and removal efficiency. That is, assume that 0.1 percent of the mass weight of
each constituent fed to the device is emitted.
(iii) For each constituent identified in
subparagraph (a)(2)(i), use emissions dispersion modeling to predict the
maximum annual average ground level concentration of the constituent.
(A) Dispersion modeling shall be conducted
using methods specified in subsection 11-266-106(h).
(B) Owners and operators of facilities with
more than one on-site stack from a boiler or industrial furnace that is exempt
under this section must conduct dispersion modeling of emissions from all
stacks exempt under this section to predict ambient levels prescribed by this
subsection.
(iv) Ground
level concentrations of constituents predicted under subparagraph (a)(2)(iii)
must not exceed the following levels:
(A) For
the noncarcinogenic compounds listed in appendix IV of this chapter, the levels
established in appendix IV;
(B) For
the carcinogenic compounds listed in appendix V of this chapter, the sum for
all constituents of the ratios of the actual ground level concentration to the
level established in appendix V cannot exceed 1.0; and
(C) For constituents not listed in appendix
IV or V, 0.1 micrograms per cubic meter.
(b) Waiver of particulate matter
standard. The particulate matter standard of section 11-266-105 does not apply
if:
(1) The DRE standard is waived under
subsection (a) of this section; and
(2) The owner or operator complies with the
Tier I or adjusted Tier I metals feed rate screening limits provided by
subsection 11-266-106(b) or 11-266-106(e).
Notes
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