Ohio Admin. Code 3745-266-103 - Interim standards for burners
(A) Purpose, scope, and applicability.
(1) General.
(a) The purpose of this rule is to establish
minimum standards for owners and operators of "existing" boilers and industrial
furnaces that burn hazardous waste where such standards define the acceptable
management of hazardous waste until final administrative disposition of the
owner's or operator's permit application is made pursuant to section
3734.05 of the Revised Code. The
standards of this rule apply to owners and operators of existing facilities
until either a permit is issued under paragraph (D) of
rule 3745-266-102 of the
Administrative Code , or until closure
responsibilities identified in this rule are
fulfilled. However, when the owner and operator of an existing boiler or
industrial furnace that burns hazardous waste has obtained interim status or
received a permit from U.S. EPA, the director may apply this rule on a
case-by-case basis.
(b) "Existing"
or "in existence" means a boiler or industrial furnace that on or before
December 7, 2004, or the effective date of any new, amended, or rescinded rule
or statute that renders the owner or operator of the boiler or industrial
furnace subject to this rule, was either in operation burning or processing
hazardous waste or for which construction (including the ancillary facilities
to burn or to process the hazardous waste) had commenced. A facility has
commenced construction if the owner or operator has obtained the federal,
state, and local approvals or permits necessary to begin physical
construction,
; and either:
(i) A
continuous on-site, physical construction program has begun.
; or
(ii) 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.
(c) If a boiler or industrial furnace is
located at a facility that already has a permit or permit by rule, the owner or
operator of the facility shall comply with the applicable requirements for
permit modifications in rule
3745-50-51 of the Administrative
Code.
(2) Exemptions.
This rule does not apply to hazardous waste and facilities exempt under rule
3745-266-108 or paragraph (B) of
rule 3745-266-100 of the
Administrative Code.
(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 permit by rule:
F020, F021, F022, F023, F026, and F027.
(4) Applicability of standards in Chapters
3745-65 to 3745-69 and 3745-256 of the Administrative Code. Owners and
operators of boilers and industrial furnaces that burn hazardous waste and are
operating under permit by rule are subject to the following provisions of
Chapters 3745-65 to 3745-69 and 3745-256 of the Administrative Code, except as
provided otherwise by this rule:
(a)
[Reserved.
; ]
(d)
Rules 3745-65-51 to
3745-65-56 of the Administrative
Code (contingency plan and emergency procedures).
;
(e) Rules
3745-65-71 to
3745-65-77 of the Administrative
Code, except that rules
3745-65-71,
3745-65-72, and
3745-65-76 of the Administrative
Code do not apply to owners and operators of on-site facilities that do not
receive any hazardous waste from off-site sources (manifest system,
recordkeeping, and reporting).
;
(g)
Rules 3745-66-41,
3745-66-42,
3745-66-43, and
3745-66-47 to
3745-66-48 of the Administrative
Code, except that states and the federal government are exempt from rules
3745-66-40 to
3745-66-48 of the Administrative
Code (financial requirements).
; and
(h)
[Reserved.]
Rules
3745-256-50 to
3745-256-64 of the
Administrative Code (air emission standards for equipment leaks), except as
provided in paragraph (A) of rule
3745-256-50 of the
Administrative Code.
(5) Special requirements for furnaces. The
following controls apply during permit by rule to industrial furnaces (e.g.,
kilns, cupolas) that feed hazardous waste for a purpose other than solely as an
ingredient [see paragraph (A)(5)(b) of this rule] at any location other than
the hot end where products are normally discharged or where fuels are normally
fired:
(a) Controls.
(i) The hazardous waste shall be fed at a
location where combustion gas temperatures are at least eighteen hundred
degrees Fahrenheit.
;
(ii) The
owner or operator shall determine that adequate oxygen is present in combustion
gases to combust organic constituents in the waste and shall retain
documentation of such determination in the facility record.
;
(iii) For cement kiln systems, the hazardous
waste shall be fed into the kiln.
; and
(iv)
The hydrocarbon controls in paragraph (C) of rule
3745-266-104 of the
Administrative Code or paragraph (C)(5) of this rule apply upon certification
of compliance under paragraph (C) of this rule irrespective of the carbon
monoxide level achieved during the compliance test.
(b) Burning hazardous waste solely as an
ingredient. A hazardous waste is burned for a purpose other than solely as an
ingredient if the hazardous waste meets either of the following criteria:
(i) The hazardous waste has a total
concentration of nonmetal compounds listed in the appendix to rule
3745-51-11 of the Administrative
Code exceeding five hundred parts per million (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 shall be
retained in the facility record.
; or
(ii)
The hazardous waste has a heating value of five thousand British thermal units
(Btu) per pound 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 per pound limit by bona fide treatment that removes or destroys
organic constituents. Blending to augment the heating value to meet the five
thousand Btu per pound limit is prohibited, and documentation that the waste
has not been impermissibly blended shall be retained in the facility
record.
(6)
Restrictions on burning hazardous waste that is not a fuel. Prior to
certification of compliance under paragraph (C) of this rule, owners and
operators shall not feed hazardous waste that has a heating value less than
five thousand Btu per pound, as-generated, (except that the heating value of a
waste as-generated may be increased to above the five thousand Btu per pound
limit by bona fide treatment; however, blending to augment the heating value to
meet the five thousand Btu per pound limit is prohibited, and records shall be
kept to document that impermissible blending has not occurred) in a boiler or
industrial furnace, except that:
(a) Hazardous
waste may be burned solely as an ingredient; or
(b) 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 twenty hours; or
(c) Such waste may be burned if the director
has documentation to show that, prior to December 7, 2004, or prior to the
effective date of any new, amended, or rescinded rule or statute that renders
the owner or operator of the boiler or industrial furnace subject to this rule:
(i) The boiler or industrial furnace is
operating under the standards for incinerators in rules
3745-68-40 to
3745-68-52 of the Administrative
Code, or the standards for thermal treatment units provided by rules
3745-68-70 to
3745-68-83 of the Administrative
Code; and
(ii) The boiler or
industrial furnace met the permit by rule eligibility requirements under rule
3745-50-40 of the Administrative
Code for rules
3745-68-40 to
3745-68-52 or rules
3745-68-70 to
3745-68-83 of the Administrative
Code; and
(iii) Hazardous waste
with a heating value less than five thousand Btu per pound was burned prior to
December 7, 2004, or prior to the effective date of any new, amended, or
rescinded rule or statute that renders the owner or operator of the boiler or
industrial furnace subject to this rule; or
(d) Such waste may be burned in a halogen
acid furnace if the waste was burned as an excluded ingredient under paragraph
(E) of rule
3745-51-02 of the Administrative
Code prior to December 7, 2004, or prior to the effective date of any new,
amended, or rescinded rule or statute that renders the owner or operator of the
boiler or industrial furnace subject to this rule, and documentation is kept on
file supporting this claim.
(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 or operator
shall comply with rule
3745-266-111 of the
Administrative Code.
(B)
Certification of precompliance.
(1) General.
The owner or operator shall provide complete and accurate information specified
in paragraph (B)(2) of this rule to the director within thirty days after
December 7, 2004, or within thirty days after the effective date of any new,
amended, or rescinded rule or statute that renders the owner or operator of the
boiler or industrial furnace subject to this rule, and shall establish limits
for the operating parameters specified in paragraph (B)(3) of this rule. 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) of this rule, the
owner or operator believes that, using best engineering judgment, emissions of
particulate matter, metals, hydrogen chloride, and chlorine gas are not likely
to exceed the limits in rules
3745-266-105,
3745-266-106, and
3745-266-107 of the
Administrative Code. The facility may burn hazardous waste only under the
operating conditions that the owner or operator establishes under paragraph
(B)(3) of this rule until the owner or operator submits a revised certification
of precompliance under paragraph (B)(8) of this rule or a certification of
compliance under paragraph (C) of this rule, or until a permit is
issued.
(2) Information required.
The following information shall be submitted with the certification of
precompliance to support the determination that the limits established for the
operating parameters identified in paragraph (B)(3) of this rule are not likely
to result in an exceedance of the allowable emission rates for particulate
matter, metals, hydrogen chloride, and chlorine gas:
(a) General facility information:
(i) U.S. EPA identification number.
;
(ii) Facility name, contact person, telephone
number, and address.
;
(iii)
Description of boilers and industrial furnaces burning hazardous waste,
including type and capacity of device.
;
(iv) A
scaled plot plan showing the entire facility and location of the boilers and
industrial furnaces burning hazardous waste.
; and
(v) 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.
(b) Except for
facilities complying with the "Tier I" or "Adjusted Tier I" feed rate screening
limits for metals or total chlorine and chloride in paragraph (B) or (E) of
rule 3745-266-106 and paragraph
(B)(1) or (E) of rule
3745-266-107 of the
Administrative Code, respectively, the estimated uncontrolled (at the inlet to
the air pollution control system) emissions of particulate matter, each metal
controlled by rule
3745-266-106 of the
Administrative Code, hydrogen chloride, and chlorine, and the following
information to support such determinations:
(i) The feed rate (pounds per hour) of ash,
chlorine, antimony, arsenic, barium, beryllium, cadmium, chromium, lead,
mercury, silver, and thallium in each feedstream (hazardous waste, other fuels,
industrial furnace feedstocks).
(ii) For industrial furnaces that
recycle collected particulate matter back into the furnace and that will
certify compliance with the metals emissions standards under paragraph
(C)(3)(b)(i) of this rule, the estimated enrichment factor for each metal. To
estimate the enrichment factor, the owner or operator shall use either best
engineering judgment or the procedures specified in "Alternative Methodology
for Implementing Metals Controls" in the appendix to this rule.
(ii)
The
estimated partitioning factor to the combustion gas for the materials
identified in paragraph (B)(2)(b)(i) of this rule 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 shall use either best engineering judgment or the procedures
specified in the appendix to this rule.
(iii) For industrial furnaces that recycle
collected particulate matter back into the furnace and that will certify
compliance with the metals emissions standards under paragraph (C)(3)(b)(i) of
this rule, the estimated enrichment factor for each metal. To estimate the
enrichment factor, the owner or operator shall use either best engineering
judgment or the procedures specified in "Alternative Methodology for
Implementing Metals Controls" in the appendix to this rule.
(iv) If best engineering judgment is used to
estimate partitioning factors or enrichment factors under paragraph
(B)(2)(b)(ii) or (B)(2)(b)(iii) of this rule, respectively, the basis for the
judgment. When best engineering judgment is used to develop or evaluate data or
information and make determinations under this rule, the determinations shall
be made by a qualified professional engineer and a certification of such
engineer's determinations in accordance with paragraph (D) of rule
3745-50-42 of the Administrative
Code shall be provided in the certification of precompliance.
(c) For facilities complying with
the "Tier I" or "Adjusted Tier I" feed rate screening limits for metals or
total chlorine and chloride in paragraph (B) or (E) of rule
3745-266-106 and paragraph
(B)(1) or (E) of rule
3745-266-107 of the
Administrative Code, the feed rate (pounds per hour) of total chloride and
chlorine, antimony, arsenic, barium, beryllium, cadmium, chromium, lead,
mercury, silver, and thallium in each feedstream (hazardous waste, other fuels,
industrial furnace feedstocks).
(d)
For facilities complying with the "Tier II" or "Tier III" emission limits for
metals or hydrogen chloride and chlorine gas [under paragraph (C) or (D) of
rule 3745-266-106 or paragraph (B)(2)
or (C) of rule
3745-266-107 of the
Administrative Code], the estimated controlled (outlet of the air pollution
control system) emissions rates of particulate matter, each metal controlled by
rule 3745-266-106 of the
Administrative Code, hydrogen chloride, and chlorine gas, and the following
information to support such determinations:
(i) The estimated air pollution control
system removal efficiency for particulate matter, hydrogen chloride, chlorine
gas, antimony, arsenic, barium, beryllium, cadmium, chromium, lead, mercury,
silver, and thallium.
(ii) To
estimate air pollution control system removal efficiency, the owner or operator
shall use either best engineering judgment or the procedures prescribed in the
appendix to this rule.
(iii) If
best engineering judgment is used to estimate air pollution control system
removal efficiency, the basis for the judgment. Use of best engineering
judgment shall be in conformance with provisions of paragraph (B)(2)(b)(iv) of
this rule.
(e)
Determination of allowable emissions rates for hydrogen chloride, chlorine gas,
antimony, arsenic, barium, beryllium, cadmium, chromium, lead, mercury, silver,
and thallium, and the following information to support such determinations:
(i) For all facilities:
(a) Physical stack height.
;
(c) Maximum flue gas flow rate.
;
(d) Maximum flue gas temperature.
;
(e) Attach a U.S. geological service
topographic map (or equivalent) showing the facility location and surrounding
land within five kilometers of the facility.
;
(f) Identify terrain type: complex or
noncomplex.
;
and
(g) Identify land use:
urban or rural.
(ii) For
owners and operators using "Tier III" site-specific dispersion modeling to
determine allowable levels under paragraph (D) of rule
3745-266-106 or paragraph (C) of
rule 3745-266-107 of the
Administrative Code, or "Adjusted Tier I" feed rate screening limits under
paragraph (E) of rule
3745-266-106 or paragraph (E) of
rule 3745-266-107 of the
Administrative Code, by providing the following:
(a) Dispersion model and version used.
;
(b) Source of meteorological data.
;
(c) 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
(d) Indicate the MEI
location on the map required under paragraph (B)(2)(e)(i)(e) of this
rule.
(f) For facilities complying
with the "Tier II" or "Tier III" emissions rate controls for metals or hydrogen
chloride and chlorine gas, a comparison of the estimated controlled emissions
rates determined under paragraph (B)(2)(d) of this rule with the allowable
emission rates determined under paragraph (B)(2)(e) of this rule.
;
(g) 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 paragraph (B)(2)(c) of this rule
to the "Tier I" allowable feed rates.
; and
(h)
For industrial furnaces that feed hazardous waste for any purpose other than
solely as an ingredient [as determined by paragraph (A)(5)(b) of this rule] at
any location other than the product discharge end of the device, documentation
of compliance with paragraphs (A)(5)(a)(i), (A)(5)(a)(ii), and (A)(5)(a)(iii)
of this rule.
(i) For industrial
furnaces that recycle collected particulate matter back into the furnace and
that will certify compliance with the metals emissions standards under
paragraph (C)(3)(b)(i) of this rule:
(i) The
applicable particulate matter standard in rule
3745-266-105 of the
Administrative Code in pounds per hour.
; and
(ii)
The precompliance limit on the concentration of each metal in collected
particulate matter.
(3) Limits on operating conditions. The owner
or operator shall establish limits on the following parameters consistent with
the determinations made under paragraph (B)(2) of this rule and certify [under
provisions of paragraph (B)(9) of this rule] to the director that the facility
will operate within these limits when there is hazardous waste in the unit
until revised certification of precompliance under paragraph (B)(8) of this
rule or certification of compliance under paragraph (C) of this rule:
(a) Feed rate of total hazardous waste and
[unless complying with the "Tier I" or "Adjusted Tier I" metals feed rate
screening limits under paragraph (B) or (E) of rule
3745-266-106 of the
Administrative Code] pumpable hazardous waste.
;
(b) Feed rate of each metal in the following
feedstreams:
(i) Total feedstreams, except
that industrial furnaces that comply with the alternative metals implementation
approach under paragraph (B)(4) of this rule shall specify limits on the
concentration of each metal in collected particulate matter in lieu of feed
rate limits for total feedstreams.
;
(ii)
Total hazardous waste feed, unless complying with the "Tier I" or "Adjusted
Tier I" metals feed rate screening limits under paragraph (B) or (E) of rule
3745-266-106 of the
Administrative Code.
; and
(iii) Total pumpable hazardous waste feed,
unless complying with the "Tier I" or "Adjusted Tier I" metals feed rate
screening limits under paragraph (B) or (E) of rule
3745-266-106 of the
Administrative Code.
;
(c) Total feed rate of chlorine and chloride
in total feedstreams.
;
(d)
Total feed rate of ash in total feedstreams, except that the ash feed rate for
cement kilns and light-weight aggregate kilns is not limited.
; and
(e)
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 rule paragraph (B)(1) or (E) of rule
3745-266-107 of the
Administrative Code and for all metals under paragraph (B) or (E) of rule
3745-266-106 of the
Administrative Code, and the uncontrolled particulate emissions do not exceed
the standard under rule 3745-266-105 of the Administrative Code.
(4) Operating requirements for
furnaces that recycle particulate matter. Owners and operators of furnaces that
recycle collected particulate matter back into the furnace and that will
certify compliance with the metals emissions controls under paragraph
(C)(3)(b)(i) of this rule shall comply with the special operating requirements
in "Alternative Methodology for Implementing Metals Controls" in the appendix
to this rule.
(5) Measurement of
feed rates and production rate.
(a) General
requirements. Limits on each of the parameters specified in paragraph (B)(3) of
this rule (except for limits on metals concentrations in collected particulate
matter for industrial furnaces that recycle collected particulate matter) shall
be established and continuously monitored under either of the following
methods:
(i) 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
(ii)
Hourly rolling average limits. A limit for a parameter may be established and
"continuously monitored" on an "hourly rolling average" basis defined as
follows:
(a) 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.
(b) An "hourly rolling average" is the
arithmetic mean of the sixty most recent one-minute average values recorded by
the continuous monitoring system.
(b) 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 paragraph (B)(5)(a)(ii) of this
rule 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:
(i) The feed rate of each metal shall be
limited at any time to ten times the feed rate that would be allowed on an
hourly rolling average basis.
;
(ii) The
continuous monitor shall meet the following specifications:
(a) 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.
(b) The "rolling average" for the selected
averaging period is 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 preceding clock hour.
(c) 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 or 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 shall be monitored under the
continuous monitoring requirements of paragraphs (B)(5)(a) and (B)(5)(b) of
this rule.
(6) Public
notice requirements at precompliance. Within thirty days after December 7,
2004, or within thirty days after the effective date of any new, amended, or
rescinded rule or statute that renders the owner or operator of the boiler or
industrial furnace subject to this rule, the owner or operator shall submit a
notice with the following information for publication in a major local
newspaper of general circulation and send a copy of the notice to the
appropriate units of state and local government. The owner or operator shall
provide to the director with the certification of precompliance evidence of
submitting the notice for publication.
(a) The
notice, which shall be entitled "Notice of Certification of Precompliance with
Hazardous Waste Burning Requirements of Paragraph (B) of Rule
3745-266-103 of the
Administrative Code," shall include:
(i) Name
and address of the owner and operator of the facility as well as the location
of the device burning hazardous waste.
;
(ii)
Date that the certification of precompliance is submitted to Ohio EPA.
;
(iii) Brief description of the regulatory
process required to comply with this rule including required emissions testing
to demonstrate conformance with emissions standards for organic compounds,
particulate matter, metals, hydrogen chloride, and chlorine gas.
;
(iv) Types and quantities of hazardous waste
burned including, but not limited to, source, whether solids or liquids, as
well as an appropriate description of the waste.
;
(v) Type of devices in which the hazardous
waste is burned including a physical description and maximum production rate of
each device.
;
(vi)
Types and quantities of other fuels and industrial furnace feedstocks fed to
each unit.
;
(vii)
Brief description of the basis for this certification of precompliance as
specified in paragraph (B)(2) of this rule.
;
(viii) Locations where the record for the
facility can be viewed and copied by interested parties:
(a) The administrative record kept by Ohio
EPA where the supporting documentation was submitted or another location
designated by the director.
; and
(b) The boiler and industrial furnace
correspondence file kept at the facility site where the device is located. The
correspondence file shall include all correspondence between the facility and
the director, state and local regulatory officials, including copies of all
certifications and notifications, such as the precomplicance certification,
precompliance public notice, notice of compliance testing, compliance test
report, compliance certification, time extension requests and approvals or
denials, enforcement notifications of violations, and copies of U.S. EPA and
Ohio EPA site visit reports submitted to the owner or operator.
(ix) Notification of the
establishment of a facility mailing list whereby interested parties may notify
Ohio EPA that such interested parties wish to be placed on the mailing list to
receive future information and notices about this facility.
; and
(x) Location (mailing address) of the
applicable Ohio EPA office, hazardous waste division, where further information
can be obtained on Ohio EPA regulation of hazardous waste burning.
(b) At a minimum, these records
and locations shall include:
(i) The
administrative record kept by the Ohio EPA office where the supporting
documentation was submitted or another location designated by Ohio EPA;
and
(ii) Files kept at the facility
site where the device is located. The files shall include all correspondence
between the facility and the U.S. EPA, state and local regulatory officials,
including copies of all certifications and notifications, such as the
precompliance certification, precompliance public notice, notice of compliance
testing, compliance test report, compliance certification, time extension
requests and approvals or denials, enforcement notifications of violations, and
copies of U.S. EPA and Ohio EPA site visit reports submitted to the owner or
operator.
(c)
Notification of the establishment of a facility mailing list whereby interested
parties shall notify Ohio EPA that such interested parties wish to be placed on
the mailing list to receive future information and notices about this
facility.
(d) Location (mailing
address) of the applicable U.S. EPA regional office, hazardous waste division,
where further information can be obtained on regulation of hazardous waste
burning.
(7) Monitoring
other operating parameters. When the monitoring systems for the operating
parameters listed in paragraphs (C)(1)(e) to (C)(1)(m) of this rule are
installed and operating in conformance with vendor specifications or (for
carbon monoxide, hydrocarbon, and oxygen) specifications in the appendix to
this rule, 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) of this rule in the
certification of precompliance by submitting a revised certification of
precompliance under procedures in those paragraphs.
(a) The public notice requirements of
paragraph (B)(6) of this rule do not apply to recertifications.
(b) The owner and operator shall operate the
facility within the limits established for the operating parameters under
paragraph (B)(3) of this rule until a revised certification is submitted under
paragraph (B)(8) of this rule or a certification of compliance is submitted
under paragraph (C) of this rule.
(9) Certification of precompliance statement.
The owner or operator shall 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 paragraphs (B)(3) and (B)(4) of rule 3745-266-103 of the Administrative Code 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 (B)(3) and (B)(4) of rule 3745-266-103 of the Administrative Code are enforceable limits at which the facility can legally operate during interim status until a revised certification of precompliance is submitted, a certification of compliance is submitted, or 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 rules
3745-266-105,
3745-266-106,
3745-266-107, and paragraphs (B)
to (E) of rule
3745-266-104 of the
Administrative Code, and paragraph (A)(5)(a)(iv) of this rule, under the
procedures in paragraph (C) of this rule, except under extensions of time in
paragraph (C)(7) of this rule. Based on the compliance test, the owner or
operator shall submit to the director within thirty days after December 7,
2004, or within thirty days after the effective date of any new, amended, or
rescinded rule or statute that renders the owner or operator of the boiler or
industrial furnace subject to this rule, a complete and accurate "certification
of compliance" [under paragraph (C)(4) of this rule] with those emission
standards establishing limits on the operating parameters specified in
paragraph (C)(1) of this rule.
For purposes of compliance with this rule, all owners and operators who have submitted a certification of compliance to U.S. EPA, in accordance with 40 CFR 266.103(c), may submit a copy of the certification of compliance to the director within thirty days after December 7, 2004, or within thirty days after the effective date of any new, amended, or rescinded rule or statute that renders the owner or operator of the boiler or industrial furnace subject to this rule. The copy of the certification of compliance that is submitted to the director shall be submitted with the "Part A" application required by rule 3745-50-40 of the Administrative Code, and shall be considered part of such application.
(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)(d) of this rule] or as otherwise specified and include these limits with
the certification of compliance. The boiler or industrial furnace shall be
operated in accordance with these operating limits and the applicable emissions
standards of rules
3745-266-105,
3745-266-106,
3745-266-107, and paragraphs (B)
to (E) of rule
3745-266-104 of the
Administrative Code and paragraph (A)(5)(a)(iv) of this rule at all times when
there is hazardous waste in the unit.
(a)
Feed rate of total hazardous waste and [unless complying with the "Tier I" or
"Adjusted Tier I" metals feed rate screening limits under paragraph (B) or (E)
of rule 3745-266-106 of the
Administrative Code], pumpable hazardous waste.
;
(b) Feed rate of each metal in the following
feedstreams:
(i) Total feedstreams, except
that:
(a) Facilities that comply with "Tier I"
or "Adjusted Tier I" metals feed rate screening limits may set facility
operating limits at the metals feed rate screening limits determined under
paragraph (B) or (E) of rule
3745-266-106 of the
Administrative Code.
; and
(b)
Industrial furnaces that shall comply with the alternative metals
implementation approach under paragraph (C)(3)(b) of this rule shall specify
limits on the concentration of each metal in the collected particulate matter
in lieu of feed rate limits for total feedstreams.
(ii) Total hazardous waste feed [unless
complying with the "Tier I" or "Adjusted Tier I" metals feed rate screening
limits under paragraph (B) or (E) of rule
3745-266-106 of the
Administrative Code].
; and
(iii) Total pumpable hazardous waste feed
[unless complying with the "Tier I" or "Adjusted Tier I" metals feed rate
screening limits under paragraph (B) or (E) of rule
3745-266-106 of the
Administrative Code].
;
(c) Total feed rate of chlorine and chloride
in total feedstreams, except that facilities that comply with "Tier I" or
"Adjusted Tier I" feed rate screening limits may set facility operating limits
at the total chlorine and chloride feed rate screening limits determined under
paragraph (B)(1) or (E) of rule
3745-266-107 of the
Administrative Code.
;
(d)
Total feed rate of ash in total feedstreams, except that the ash feed rate for
cement kilns and light-weight aggregate kilns is not limited.
;
(e)
Carbon monoxide concentration, and where required, hydrocarbon concentration in
stack gas. When complying with the carbon monoxide controls of paragraph (B) of
rule 3745-266-104 of the
Administrative Code, the carbon monoxide limit is one hundred parts per million
by volume (ppmv), and when complying with the hydrocarbon controls of paragraph
(C) of rule
3745-266-104 of the
Administrative Code, the hydrocarbon limit is twenty ppmv. When complying with
the carbon monoxide controls of paragraph (C) rule
3745-266-104 of the
Administrative Code, the carbon monoxide limit is established based on the
compliance test.
;
(f)
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 (B)(1) or (E) of rule
3745-266-107 of the
Administrative Code and for all metals under paragraph (B) or (E) of rule
3745-266-106 of the
Administrative Code, and the uncontrolled particulate emissions do not exceed
the standard under rule 3745-266-105 of the Administrative Code.
;
(g) 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
paragraph (B) or (E) of rule
3745-266-106 of the
Administrative Code].
;
(h)
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 paragraph (B) or (E) of rule
3745-266-106 of the
Administrative Code and the total chlorine and chloride feed rate screening
limits under paragraph (B) or (E) of rule
3745-266-107 of the
Administrative Code].
;
(i) For
systems using wet scrubbers, including wet ionizing scrubbers [unless complying
with "Tier I" or "Adjusted Tier I" metals feed rate screening limits under
paragraph (B) or (E) of rule
3745-266-106 of the
Administrative Code and the total chlorine and chloride feed rate screening
limits under paragraph (B)(1) or (E) of rule
3745-266-107 of the
Administrative Code], the following:
(i)
Minimum liquid to flue gas ratio.
;
(ii)
Minimum scrubber blowdown from the system or maximum suspended solids content
of scrubber water.
;
and
(iii) Minimum pH level of
the scrubber water.
;
(j) 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 paragraph
(B) or (E) of rule
3745-266-106 of the
Administrative Code and the total chlorine and chloride feed rate screening
limits under paragraph (B)(1) or (E) of rule 3745-266-107 of the Administrative
Code].
(k) For systems using dry
scrubbers [unless complying with the "Tier I" or "Adjusted Tier I" metals feed
rate screening limits under paragraph (B) or (E) of rule
3745-266-106 of the
Administrative Code and the total chlorine and chloride feed rate screening
limits under paragraph (B)(1) or (E) of rule
3745-266-107 of the
Administrative Code]:
(i) Minimum caustic feed
rate.
;
and
(ii) Maximum flue gas
flow rate.
;
(l) 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 paragraph (B) or (E) of rule
3745-266-106 of the
Administrative Code and the total chlorine and chloride feed rate screening
limits under paragraph (B)(1) or (E) of rule
3745-266-107 of the
Administrative Code]:
(i) Minimum electrical
power in kilovolt amperes (kVA) to the precipitator plates.
; and
(ii) Maximum flue gas flow rate.
;
(m) 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 paragraph (B) or
(E) of rule
3745-266-106 of the
Administrative Code and the total chlorine and chloride feed rate screening
limits under paragraph (B)(1) or (E) of rule
3745-266-107 of the
Administrative Code].
(2) Prior notice of compliance testing. At
least thirty days prior to the compliance testing required by paragraph (C)(3)
of this rule, the owner or operator shall notify the director and submit the
following information:
(a) General facility
information including:
(i) U.S. EPA
identification number.
;
(ii)
Facility name, contact person, telephone number, and address.
;
(iii)
Person responsible for conducting compliance test, including company name,
address, and telephone number, and a statement of qualifications.
;
(iv) Planned date of the compliance
test.
;
(b) Specific information on each device to be
tested including:
(i) Description of boiler or
industrial furnace.
;
(ii) A
scaled plot plan showing the entire facility and location of the boiler or
industrial furnace.
;
(iii) A
description of the air pollution control system.
;
(iv) Identification of the continuous
emission monitors that are installed, including:
(a) Carbon monoxide monitor.
;
(b) Oxygen monitor.
;
(c) Hydrocarbon monitor, specifying the
minimum temperature of the system and, if the temperature is less than one
hundred fifty degrees Celsius, an explanation of why a heated system is not
used [see paragraph (C)(5) of this rule] and a brief description of the sample
gas conditioning system.
;
(v) Indication of whether the stack is shared
with another device that will be in operation during the compliance test.
;
(vi) Other information useful to an
understanding of the system design or operation.
(c) Information on the testing planned,
including a complete copy of the test protocol and quality assurance or quality
control plan, and a summary description for each test providing, at a minimum,
the following information:
(i) Purpose of the
test (e.g., demonstrate compliance with emissions of particulate matter).
; and
(ii) Planned operating conditions, including
levels for each pertinent parameter specified in paragraph (C)(1) of this
rule.
(3)
Compliance testing.
(a) General. Compliance
testing shall be conducted under conditions for which the owner or operator has
submitted a certification of precompliance under paragraph (B) of this rule and
under conditions established in the notification of compliance testing required
by paragraph (C)(2) of this rule. 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 shall
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 the director 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
paragraph (C) of this rule.
(b)
Special requirements for industrial furnaces that recycle collected particulate
matter. Owners and operators of industrial furnaces that recycle back into the
furnace particulate matter from the air pollution control system shall comply
with one of the following procedures for testing to determine compliance with
the metals standards of paragraph (C) or (D) of rule
3745-266-106 of the
Administrative Code:
(i) The special testing
requirements prescribed in "Alternative Method for Implementing Metals
Controls" in the appendix to this rule.
; or
(ii)
Stack emissions testing for a minimum of six hours each day while hazardous
waste is burned during permit by rule. The testing shall 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 permit by rule, hazardous waste analysis for metals content shall 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 paragraph (C) or (D) of rule
3745-266-106 of the
Administrative Code. Under this option, operating limits [under paragraph
(C)(1) of this rule] shall be established during compliance testing under
paragraph (C)(3) of this rule on the following parameters:
(a) Feed rate of total hazardous waste.
;
(b) Total feed rate of chlorine and chloride
in total feedstreams.
;
(c)
Total feed rate of ash in total feedstreams, except that the ash feed rate for
cement kilns and light-weight aggregate kilns is not limited.
;
(d)
Carbon monoxide concentration, and where required, hydrocarbon concentration in
stack gas.
;
(e)
Maximum production rate of the device in appropriate units when producing
normal product.
;
or
(iii) Conduct
compliance testing to determine compliance with the metals standards to
establish limits on the operating parameters of paragraph (C)(1) of this rule
only after the kiln system has been conditioned to enable the kiln system 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 shall be fed at
the feed rates that will be fed during the compliance test.
(c) Conduct of compliance testing.
(i) If compliance with all applicable
emissions standards of rules
3745-266-104 to
3745-266-107 of the
Administrative Code 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 shall be as close as possible to
the original operating conditions.
(ii) Prior to obtaining test data for
purposes of demonstrating compliance with the applicable emissions standards of
rules 3745-266-104 to
3745-266-107 of the
Administrative Code or establishing limits on operating parameters under this
rule, the facility shall operate under compliance test conditions for a
sufficient period to reach steady-state operations. However, industrial
furnaces that recycle collected particulate matter back into the furnace and
that comply with paragraph (C)(3)(b)(i) or (C)(3)(b)(ii) of this rule need not
reach steady state conditions with respect to the flow of metals in the system
prior to beginning compliance testing for metals.
(iii) Compliance test data on the level of an
operating parameter for which a limit shall be established in the certification
of compliance shall be obtained during emissions sampling for the pollutants
(i.e., metals, particulate matter, hydrogen chloride or chlorine gas, organic
compounds) for which the parameter shall be established as specified by
paragraph (C)(1) of this rule.
(4) Certification of compliance. Within
ninety days after completing compliance testing, the owner or operator shall
certify to the director compliance with the emissions standards of rules
3745-266-105,
3745-266-106,
3745-266-107, and paragraphs
(B), (C), and (E) of rule
3745-266-104 of the
Administrative Code and paragraph (A)(5)(a)(iv) of this rule. The certification
of compliance shall include the following information:
(a) General facility and testing information
including:
(i) U.S. EPA identification
number.
;
(ii)
Facility name, contact person, telephone number, and address.
;
(iii)
Person responsible for conducting compliance testing, including company name,
address, and telephone number, and a statement of qualifications.
;
(iv) Dates of each compliance test.
;
(v) Description of boiler or industrial
furnace tested.
;
(vi)
Person responsible for quality assurance or quality control, title, and
telephone number, and statement that procedures prescribed in the quality
assurance or quality control plan submitted under paragraph (C)(2)(c) of this
rule have been followed, or a description of any changes and an explanation of
why changes were necessary.
;
(vii) 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) of this rule, and an explanation of why the changes were
necessary.
;
(viii)
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) of this rule, and an explanation of
why the changes were necessary.
; and
(ix)
The complete report on results of emissions testing.
(b) Specific information on each test
including:
(i) Purposes of test (e.g.,
demonstrate conformance with the emissions limits for particulate matter,
metals, hydrogen chloride, chlorine gas, and carbon monoxide).
(ii) Summary of test results for each run and
for each test including the following information:
(a) Date of run.
;
(b) Duration of run.
;
(c) Time-weighted average and highest hourly
rolling average carbon monoxide level for each run and for the test.
;
(d) Highest hourly rolling average
hydrocarbon level, if hydrocarbon monitoring is required for each run and for
the test.
;
(e) If
dioxin and furan testing is required under paragraph (E) of rule
3745-266-104 of the
Administrative Code, 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.
;
(f)
Time-weighted average particulate matter emissions for each run and for the
test.
;
(g)
Time-weighted average hydrogen chloride and chlorine gas emissions for each run
and for the test.
;
(h)
Time-weighted average emissions for the metals subject to regulation under rule
3745-266-106 of the
Administrative Code for each run and for the test.
;
(i) Quality assurance or quality control
results.
(c)
Comparison of the actual emissions during each test with the emissions limits
prescribed by rules
3745-266-105,
3745-266-106,
3745-266-107, and paragraphs
(B), (C), and (E) of rule
3745-266-104 of the
Administrative Code and established for the facility in the certification of
precompliance under paragraph (B) of this rule.
(d) Determination of operating limits based
on all valid runs of the compliance test for each applicable parameter listed
in paragraph (C)(1) of this rule using any of the following procedures:
(i) 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
(ii)
Hourly rolling average basis.
(a) 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.
(b) 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.
(iii) 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 paragraph (C)(4)(d)(ii) of this
rule 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, the
owner or operator shall include the following in determining those limits:
(a) The feed rate of each metal shall be
limited at any time to ten times the feed rate that would be allowed on an
hourly rolling average basis.
;
(b) 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 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 preceding clock hour.
(c) 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.
(iv) 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 or 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 shall be
monitored under the continuous monitoring requirements of paragraph (C)(4)(d)
of this rule.
(e)
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 paragraph (C) of rule 3745-266-103 of the Administrative Code 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 paragraph (C)(4)(d) of rule 3745-266-103 of the Administrative Code are enforceable limits at which the facility can legally operate during permit by rule until a revised certification of compliance is submitted."
(5)
Special requirements for hydrocarbon monitoring systems. When an owner or
operator is required to comply with the hydrocarbon controls in paragraph (C)
of rule 3745-266-104 of the
Administrative Code or paragraph (A)(5)(a)(iv) of this rule, a conditioned gas
monitoring system may be used in conformance with specifications in the
appendix to this rule provided that the owner or operator submits a
certification of compliance without using extensions of time in paragraph
(C)(7) of this rule.
(6) Special
operating requirements for industrial furnaces that recycle collected
particulate matter. Owners and operators of industrial furnaces that recycle
back into the furnace particulate matter from the air pollution control system
shall:
(a) When complying with paragraph
(C)(3)(b)(i) of this rule, comply with the operating requirements prescribed in
"Alternative Method to Implement the Metals Controls" in the appendix to this
rule.
;
and
(b) When complying with
paragraph (C)(3)(b)(ii) of this rule, comply with the operating requirements
prescribed by paragraph (C)(3)(b)(ii) of this rule.
(7) Extensions of time.
(a) If the owner or operator does not submit
a complete certification of compliance for all of the applicable emissions
standards of rules
3745-266-104,
3745-266-105,
3745-266-106, and
3745-266-107 of the
Administrative Code on or before thirty days after December 7, 2004, or on or
before thirty days after the effective date of any new, amended, or rescinded
rule or statute that renders the owner or operator of the boiler or industrial
furnace subject to this rule, the owner or operator shall do any of the
following:
(i) Stop burning hazardous waste
and begin closure activities under paragraph (L) of this rule for the hazardous
waste portion of the facility.
; or
(ii)
Limit hazardous waste burning only for purposes of compliance testing (and
pretesting to prepare for compliance testing) for a total period of seven
hundred twenty hours for the period of time beginning on December 7, 2004, or
on the effective date of any new, amended, or rescinded rule or statute that
renders the owner or operator of the boiler or industrial furnace subject to
this rule, submitted a notification to the director by thirty days after
December 7, 2004, or by thirty days after the effective date of any new,
amended, or rescinded rule or statute that renders the owner or operator of the
boiler or industrial furnace subject to this rule, stating that the facility is
operating under restricted permit by rule and intends to resume burning
hazardous waste, and submitted a complete certification of compliance within
two years of December 7, 2004, or within two years after the effective date of
any new, amended, or rescinded rule or statute that renders the owner or
operator of the boiler or industrial furnace subject to this rule.
; or
(iii) Obtain a case-by-case extension of time
under paragraph (C)(7)(b) of this rule.
(b) The owner or operator may request a
case-by-case extension of time to extend any time limit in paragraph (C) of
this rule if compliance with the time limit is not practicable for reasons
beyond the control of the owner or operator.
(i) In granting an extension, the director
may apply conditions as the facts warrant to ensure timely compliance with this
rule and that the facility operates in a manner that does not pose a hazard to
human health and the environment.
;
(ii)
When an owner or operator requests an extension of time to enable the facility
to comply with the alternative hydrocarbon provisions of paragraph (F) of rule
3745-266-104 of the
Administrative Code and obtain an installation and operation permit because the
facility cannot meet the hydrocarbon limit of paragraph (C) of rule
3745-266-104 of the
Administrative Code:
(a) In considering
whether to grant the extension, the director shall both:
(i) Determine whether the owner or operator
has submitted in a timely manner a complete "Part B" permit application that
includes information required under paragraph (C)(9)(b) of rule
3745-50-44 of the Administrative
Code; and
(ii) Consider whether the
owner or operator has made a good faith effort to certify compliance with all
other emission controls, including the controls on dioxins and furans of
paragraph (E) of rule
3745-266-104 of the
Administrative Code and the controls on particulate matter, metals, and
hydrogen chloride or chlorine gas.
(b) If an extension is granted, as a
condition of the extension, the director shall require the facility to operate
under flue gas concentration limits on carbon monoxide and hydrocarbon that,
based on available information, including information in the "Part B" permit
application, are baseline carbon monoxide and hydrocarbon levels as determined
by paragraph (F) of rule
3745-266-104 of the
Administrative Code.
(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:
(a) Prior to submittal of a revised
certification of compliance, hazardous waste may not be burned for more than a
total of seven hundred 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 rules
3745-266-104,
3745-266-105,
3745-266-106, and
3745-266-107 of the
Administrative Code.
(b) 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:
(i) U.S. EPA identification
number, and facility name, contact person, telephone number, and address.
;
(ii) 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.
;
(iii) A
determination that when operating under the revised operating conditions, the
applicable emissions standards of rules
3745-266-104,
3745-266-105,
3745-266-106, and
3745-266-107 of the
Administrative Code are not likely to be exceeded. To document this
determination, the owner or operator shall submit the applicable information
required under paragraph (B)(2) of this rule.
;
(iv) Complete emissions testing protocol for
any pretesting and for a new compliance test to determine compliance with the
applicable emissions standards of rules
3745-266-104,
3745-266-105,
3745-266-106, and
3745-266-107 of the
Administrative Code when operating under revised operating conditions. The
protocol shall include a schedule of pre-testing and compliance testing. If the
owner or operator revises the scheduled date for the compliance test, the owner
or operator shall notify the director in writing at least thirty days prior to
the revised date of the compliance test.
;
(c) 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
rules 3745-266-104,
3745-266-105,
3745-266-106, and
3745-266-107 of the
Administrative Code.
; and
(d)
Submit a revised certification of compliance under paragraph (C)(4) of this
rule.
(D)
Periodic recertifications. The owner or operator shall conduct compliance
testing and submit to the director a recertification of compliance under
provisions of paragraph (C) of this rule within five years from submitting the
previous certification or recertification. If the owner or operator seeks to
recertify compliance under new operating conditions, the owner or operator
shall comply with paragraph (C)(8) of this rule.
(E) Noncompliance with certification
schedule. If the owner or operator does not comply with the compliance schedule
in paragraphs (B), (C), and (D) of this rule, hazardous waste burning shall
terminate on the date that the deadline is missed, closure activities shall
begin under paragraph (L) of this rule, and hazardous waste burning may not
resume except under an operating permit issued under rule
3745-50-66 of the Administrative
Code. For purposes of compliance with the closure provisions of paragraph (L)
of this rule, paragraph (D)(2) of rule
3745-66-12, and rule
3745-66-13 of the Administrative
Code, 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 or chlorine] shall 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) of this rule, and upon
certification of compliance under paragraph (C) of this rule, a boiler or
industrial furnace shall be operated with a functioning system that
automatically cuts off the hazardous waste feed when the applicable operating
conditions specified in paragraphs (C)(1)(a) and (C)(1)(e) to (C)(1)(m) of this
rule deviate from those established in the certification of compliance. In
addition, the boiler or industrial furnace shall be operated as follows:
(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 shall
be maintained while hazardous waste or hazardous waste residues remain in the
combustion chamber, with the minimum temperature during the compliance test
determined to be either:
(a) If compliance
with the combustion chamber temperature limit is based on an 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
(b) 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 shall 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
shall be controlled by any of the following:
(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 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 shall 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) At a minimum,
the owner or operator shall monitor and record the following while burning
hazardous waste:
(a) Feed rates and
composition of hazardous waste, other fuels, and industrial furnace feedstocks,
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.
;
(b)
Carbon monoxide, oxygen, and if applicable, hydrocarbons, 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. Carbon monoxide, hydrocarbon, and oxygen monitors shall be
installed, operated, and maintained in accordance with methods specified in the
appendix to this rule.
(c) Upon the
request of the director, sampling and analysis of the hazardous waste (and
other fuels and industrial furnace feedstocks as appropriate) and the stack gas
emissions shall be conducted to verify that the operating conditions
established in the certification of precompliance or certification of
compliance achieve the applicable standards of rules
3745-266-104,
3745-266-105,
3745-266-106, and
3745-266-107 of the
Administrative Code.
(2)
The boiler or industrial furnace and associated equipment (pumps, valves,
pipes, fuel storage tanks, etc.) shall be subjected to thorough visual
inspection when such equipment contains 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 shall 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 testing 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 shall be conducted at least once every thirty
days.
(4) These monitoring and
inspection data shall be recorded and the records shall be placed in the
operating log.
(K)
Recordkeeping. The owner or operator shall keep in the operating record of the
facility all information and data required by this rule for five
years.
(L) Closure. At closure, the
owner or operator shall 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 shall comply with rules
3745-66-11 to
3745-66-15 of the Administrative
Code.
[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see rule 3745-50-11 of the Administrative Code titled "Incorporated by reference."]
Notes
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 12/07/2004, 02/16/2009, 09/05/2010, 03/24/2017, 09/29/2021
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