a) Subpart H
applies to hazardous waste burned or processed in a boiler or industrial
furnace (BIF) (as defined in 35 Ill. Adm. Code
720.110) irrespective of the
purpose of burning or processing, except as provided by subsections (b), (c),
(d), (g), and (h). In Subpart H, the term "burn" means burning for energy
recovery or destruction or processing for materials recovery or as an
ingredient. The emissions standards of Sections
726.204,
726.205,
726.206, and
726.207 apply to facilities
operating under interim status or under a RCRA permit, as specified in Sections
726.202 and
726.203.
b) Integration of the MACT Standards
1) Except as provided by subsections(b)(2),
(b)(3), and (b)(4), the standards of this Part do not apply to a new hazardous
waste boiler or industrial furnace unit that becomes subject to RCRA permit
requirements after October 12, 2005; or no longer apply when an owner or
operator of an existing hazardous waste boiler or industrial furnace unit
demonstrates compliance with the maximum achievable control technology (MACT)
requirements of federal subpart EEE of 40 CFR
63 (National Emission Standards
for Hazardous Air Pollutants from Hazardous Waste Combustors), incorporated by
reference in 35 Ill. Adm. Code
720.111(b), by
conducting a comprehensive performance test and submitting to the Agency a
Notification of Compliance, under
40 CFR
63.1207(j) (What are the
performance testing requirements?) and 63.1210(d) (What are the notification
requirements?), documenting compliance with the requirements of federal subpart
EEE of 40 CFR
63 . Nevertheless, even after this demonstration of compliance
with the MACT standards, RCRA permit conditions that were based on the
standards of this Part will continue to be in effect until they are removed
from the permit or the permit is terminated or revoked, unless the permit
expressly provides otherwise.
2)
The following standards continue to apply:
A)
If an owner or
operator elects to comply with 35 Ill. Adm. Code
703.320(a)(1)(A)
to minimize emissions of toxic compounds from startup, shutdown, and
malfunction events, Section
726.202(e)(1),
requiring operations in compliance with the operating requirements specified in
the permit at all times that hazardous waste is in the unit, and Section
726.202(e)(2)(C),
requiring compliance with the emission standards and operating requirements,
during startup and shutdown if hazardous waste is in the combustion chamber,
except for particular hazardous wastes. These provisions apply only during
startup, shutdown, and malfunction events;
C) The standards for direct transfer of
Section
726.211;
D) The standards for regulation of residues
of Section
726.212; and
E) The applicable requirements of Subparts A
through H, BB, and CC of 35 Ill. Adm. Code
724 and
725.
3) The owner or
operator of a boiler or
hydrochloric acid production furnace that is an area source under
40 CFR
63.2, incorporated by reference in 35 Ill.
Adm. Code
720.111(b) (as
40 CFR
63 ), that has not elected to comply with the emission standards of
40 CFR
63.1216,
63.1217, and
63.1218, incorporated by reference
in 35 Ill. Adm. Code
720.111(b) (as
subpart EEE of 40 CFR
63 ), for particulate matter, semivolatile and low
volatile metals, and total chlorine, also remains subject to the following
requirements of this Part:
A) Section
726.205 (Standards to Control
PM);
B) Section
726.206 (Standards to Control
Metals Emissions); and
C) Section
726.207 (Standards to Control
HCl and Chlorine Gas Emissions).
4) The particulate matter standard of Section
726.205 remains in effect for a
boiler that elects to comply with the alternative to the particulate matter
standard under 40 CFR
63.1216(e) and
63.1217(e), each
incorporated by reference in 35 Ill. Adm. Code
720.111(b) (as
subpart EEE of 40 CFR
63 ).
BOARD NOTE: Sections 9.1 and 39.5 of the Environmental
Protection Act make the federal MACT standards directly applicable to entities
in Illinois and authorize the Agency to issue permits based on the federal
standards. In adopting this subsection (b), USEPA stated as follows (at 64 Fed
Reg. 52828, 52975 (November 30, 1999)):
Under [the approach adopted by USEPA as a] final rule, MACT
air emissions and related operating requirements are to be included in title V
permits; RCRA permits will continue to be required for all other aspects of the
combustion unit and the facility that are governed by RCRA (e.g., corrective
action, general facility standards, other combustor-specific concerns such as
materials handling, risk-based emissions limits and operating requirements, as
appropriate, and other hazardous waste management units).
c) The following hazardous wastes
and facilities are not subject to regulation under Subpart H:
1) Used oil burned for energy recovery that
is also a hazardous waste solely because it exhibits a characteristic of
hazardous waste identified in Subpart C of 35 Ill. Adm. Code
721. The used oil
is subject to regulation under 35 Ill. Adm. Code
739, rather than this Subpart
H;
2) Gas recovered from hazardous
or solid waste landfills, when the gas is burned for energy recovery;
3) Hazardous wastes that are exempt from
regulation under 35 Ill. Adm. Code
721.104 and
721.106(a)(3)(C) and (a)(3)(D)
and hazardous wastes that are subject to the
special requirements for VSQGs under 35 Ill. Adm. Code
722.114; and
4) Coke ovens, if the only hazardous waste
burned is USEPA hazardous waste no. K087 decanter tank tar sludge from coking
operations.
d) Owners and
operators of smelting, melting, and refining furnaces (including
pyrometallurgical devices, such as cupolas, sintering machines, roasters, and
foundry furnaces, but not including cement kilns, aggregate kilns, or halogen
acid furnaces burning hazardous waste) that process hazardous waste solely for
metal recovery are conditionally exempt from regulation under Subpart H, except
for Sections
726.201 and 726.212.
1) To be exempt from Sections
726.202 through 726.211, an
owner or
operator of a metal recovery furnace or mercury recovery furnace must
comply with the following requirements, except that an owner or
operator of a
lead or a nickel-chromium recovery furnace or a metal recovery furnace that
burns baghouse bags used to capture metallic dust emitted by steel
manufacturing must comply with the requirements of subsection (d)(3), and an
owner or
operator of a lead recovery furnace that is subject to regulation
under the Secondary Lead Smelting NESHAP of federal subpart X of 40 CFR
63
(National Emission Standards for Hazardous Air Pollutants from Secondary Lead
Smelting) must comply with the requirements of subsection (h):
A) Provide a one-time written notice to the
Agency indicating the following:
i) The owner
or operator claims exemption under subsection (d);
ii) The hazardous waste is burned solely for
metal recovery consistent with the provisions of subsection (d)(2);
iii) The hazardous waste contains recoverable
levels of metals; and
iv) The owner
or operator will comply with the sampling and analysis and recordkeeping
requirements of subsection (d);
B) Sample and analyze the hazardous waste and
other feedstocks as necessary to comply with the requirements of subsection (d)
by using appropriate methods; and
C) Maintain at the facility for at least
three years records to document compliance with the provisions of this
subsection (d), including limits on levels of toxic organic constituents and
Btu value of the waste and levels of recoverable metals in the hazardous waste
compared to normal non-hazardous waste feedstocks.
2) A hazardous waste meeting either of the
following criteria is not processed solely for metal recovery:
A) The hazardous waste has a total
concentration of organic compounds listed in Appendix H to 35 Ill. Adm. Code
721 exceeding 500 ppm by weight, as fired, and is considered to be burned for
destruction. The concentration of organic compounds in a waste as-generated may
be reduced to the 500 ppm limit by bona fide treatment that removes or destroys
organic constituents. Blending for dilution to meet the 500 ppm limit is
prohibited, and documentation that the waste has not been impermissibly diluted
must be retained in the records required by subsection (d)(1)(C); or
B) The hazardous waste has a heating value of
5,000 Btu/lb or more, as-fired, and is considered to be burned as fuel. The
heating value of a waste as-generated may be reduced to below the 5,000 Btu/lb
limit by bona fide treatment that removes or destroys organic constituents.
Blending for dilution to meet the 5,000 Btu/lb limit is prohibited and
documentation that the waste has not been impermissibly diluted must be
retained in the records required by subsection (d)(1)(C).
3) To be exempt from Sections
726.202 through 726.211, an
owner or
operator of a lead, nickel-chromium, or mercury recovery furnace,
except for an owner or
operator of a lead recovery furnace that is subject to
regulation under the Secondary Lead Smelting NESHAP of subpart X of 40 CFR
63,
or a metal recovery furnace that burns baghouse bags used to capture metallic
dusts emitted by steel manufacturing must provide a one-time written notice to
the Agency identifying each hazardous waste burned and specifying whether the
owner or
operator claims an exemption for each waste under subsection (d)(3) or
subsection (d)(1). The owner or
operator must comply with the requirements of
subsection (d)(1) for those wastes claimed to be exempt under that subsection
and must comply with the following requirements for those wastes claimed to be
exempt under subsection (d)(3):
A) The
hazardous wastes listed in Appendices K, L, and M and baghouse bags used to
capture metallic dusts emitted by steel manufacturing are exempt from the
requirements of subsection (d)(1), provided the following are true:
i) A waste listed in Appendix K must contain
recoverable levels of lead, a waste listed in Appendix L must contain
recoverable levels of nickel or chromium, a waste listed in Appendix M must
contain recoverable levels of mercury and contain less than 500 ppm of Appendix
H to 35 Ill. Adm. Code
721 organic constituents, and baghouse bags used to
capture metallic dusts emitted by steel manufacturing must contain recoverable
levels of metal;
ii) The waste does
not exhibit the toxicity characteristic of 35 Ill. Adm. Code
721.124 for an organic
constituent;
iii) The waste is not
a hazardous waste listed in Subpart D of 35 Ill. Adm. Code
721 because it is
listed for an organic constituent, as identified in Appendix G of 35 Ill. Adm.
Code
721; and
iv) The owner or
operator certifies in the one-time notice that hazardous waste is burned in
compliance with the provisions of subsection (d)(3) and that sampling and
analysis will be conducted or other information will be obtained as necessary
to ensure continued compliance with these requirements. Sampling and analysis
must be conducted according to subsection (d)(1)(B), and records to document
compliance with subsection (d)(3) must be kept for at least three
years.
B) The Agency may
decide, on a case-by-case basis, that the toxic organic constituents in a
material listed in Appendix K, Appendix L, or Appendix M that contains a total
concentration of more than 500 ppm toxic organic compounds listed in Appendix H
of 35 Ill. Adm. Code
721 may pose a hazard to human health and the environment
when burned in a metal recovery furnace exempt from the requirements of Subpart
H. Under these circumstances, after adequate notice and opportunity for
comment, the metal recovery furnace will become subject to the requirements of
Subpart H when burning that material. In making the hazard determination, the
Agency must consider the following factors:
i)
The concentration and toxicity of organic constituents in the
material;
ii) The level of
destruction of toxic organic constituents provided by the furnace;
and
iii) Whether the acceptable
ambient levels established in Appendix D or E will be exceeded for any toxic
organic compound that may be emitted based on dispersion modeling to predict
the maximum annual average off-site ground level
concentration.
e) The standards for direct transfer
operations under Section
726.211 apply only to facilities
subject to the permit standards of Section
726.202 or the interim status
standards of Section 726.203.
f)
The management standards for residues under Section
726.212 apply to any BIF burning
hazardous waste.
g) Owners and
operators of smelting, melting, and refining furnaces (including
pyrometallurgical devices such as cupolas, sintering machines, roasters, and
foundry furnaces) that process hazardous waste for recovery of economically
significant amounts of the precious metals gold, silver, platinum, palladium,
iridium, osmium, rhodium, ruthenium, or any combination of these metals are
conditionally exempt from regulation under Subpart H, except for Section
726.212. To be exempt from Sections
726.202 through 726.211, an
owner or
operator must do the following:
1)
Provide a one-time written notice to the Agency indicating the following:
A) The owner or operator claims exemption
under this Section,
B) The
hazardous waste is burned for legitimate recovery of precious metal,
and
C) The owner or operator will
comply with the sampling and analysis and recordkeeping requirements of this
Section;
2) Sample and
analyze the hazardous waste, as necessary, to document that the waste is burned
for recovery of economically significant amounts of the metals and that the
treatment recovers economically significant amounts of precious metal;
and
3) Maintain, at the facility
for at least three years, records to document that all hazardous wastes burned
are burned for recovery of economically significant amounts of precious
metal.
h) An owner or
operator of a lead recovery furnace that processes hazardous waste for recovery
of lead and which is subject to regulation under the Secondary Lead Smelting
NESHAP of subpart X of 40 CFR
63, is conditionally exempt from regulation under
Subpart H, except for Section 726.201. To become exempt, an owner or
operator
must provide a one-time notice to the Agency identifying each hazardous waste
burned and specifying that the owner or
operator claims an exemption under
subsection (h). The notice also must state that the waste burned has a total
concentration of non-metal compounds listed in Appendix H of 35 Ill. Adm. Code
721 of less than 500 ppm by weight, as fired and as provided in subsection
(d)(2)(A), or is listed in Appendix K.
i) Abbreviations and Definitions. The
following definitions and abbreviations are used in Subpart H:
"APCS" means air pollution control system.
"BIF" means boiler or industrial furnace.
"Carcinogenic metals" means arsenic, beryllium, cadmium, and
chromium.
"CO" means carbon monoxide.
"Continuous monitor" is a monitor that continuously samples
the regulated parameter without interruption, that evaluates the detector
response at least once each 15 seconds, and that computes and records the
average value at least every 60 seconds.
BOARD NOTE: Derived from
40 CFR
266.100(e)(6)(i)(B)
(1)(i) and
(e)(6)(ii)(B)(1).
"DRE" means destruction or removal efficiency.
"cu m" or "m3" means cubic
meters.
"E" means "ten to the power". For example, "XE-Y" means "X
times ten to the -Y power".
"Feed rates" are measured as specified in Section
726.202(e)(6).
"Good engineering practice stack height" is as defined by
federal 40 CFR
51.100(ii) (Definitions),
incorporated by reference in 35 Ill. Adm. Code
720.111(b).
"HC" means hydrocarbon.
"HCl" means hydrogen chloride gas.
"Hourly rolling average" means the arithmetic mean of the 60
most recent one-minute average values recorded by the continuous monitoring
system.
BOARD NOTE: Derived from
40 CFR
266.100(e)(6)(i)(B)
(1)(ii).
"K" means Kelvin.
"kVA" means kilovolt amperes.
"MEI" means maximum exposed individual.
"MEI location" means the point with the maximum annual
average off-site (unless on-site is required) ground level
concentration.
"Noncarcinogenic metals" means antimony, barium, lead,
mercury, thallium, and silver.
"One hour block average" means the arithmetic mean of the one
minute averages recorded during the 60-minute period beginning at one minute
after the beginning of the preceding clock hour.
BOARD NOTE: Derived from
40 CFR
266.100(e)(6)(ii)(B)
(2).
"PIC" means product of incomplete combustion.
"PM" means particulate matter.
"POHC" means principal organic hazardous constituent.
"ppmv" means parts per million by volume.
"QA/QC" means quality assurance and quality control.
"Rolling average for the selected averaging period" means the
arithmetic mean of one hour block averages for the averaging period.
BOARD NOTE: Derived from
40 CFR
266.100(e)(6)(ii)(B)
(2).
"RAC" means reference air concentration, the acceptable
ambient level for the noncarcinogenic metals for this Subpart. RACs are
specified in Appendix D.
"RSD" means risk-specific dose, the acceptable ambient level
for the carcinogenic metals for this Subpart. RSDs are specified in Appendix
E.
"SSU" means "Saybolt Seconds Universal," a unit of viscosity
measured by ASTM D 88-87 (Standard Test Method for Saybolt Viscosity) or D
2161-87 (Standard Practice for Conversion of Kinematic Viscosity to Saybolt
Universal or to Saybolt Furol Viscosity), each incorporated by reference in 35
Ill. Adm. Code 720.111(a).
"TCLP test" means Method 1311 (Toxicity Characteristic
Leaching Procedure) in "Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods," USEPA publication number EPA-530/SW-846,
incorporated by reference in 35 Ill. Adm. Code
720.111(a), as
used for 35 Ill. Adm. Code 721.124.
"TESH" means terrain-adjusted effective stack height (in
meters).
"Tier I". See Section
726.206(b).
"Tier II". See Section
726.206(c).
"Tier III". See Section
726.206(d).
"Toxicity equivalence" is estimated, under Section
726.204(e),
using section 4.0 (Procedures for Estimating the Toxicity Equivalence of
Chlorinated Dibenzo-p-Dioxin and Dibenzofuran Congeners) in appendix IX to 40
CFR 266 (Methods Manual for Compliance with the BIF Regulations), incorporated
by reference in 35 Ill. Adm. Code
720.111(b) (see
Appendix I).
"µg" means microgram.
