When an owner or operator of a hazardous waste incineration
unit becomes subject to hazardous waste permit requirements after February 16,
2009 or when an owner or operator of a hazardous waste incineration unit
demonstrates compliance with the air emission standards and limitations in 40
CFR Part 63 subpart EEE [i.e., by conducting a comprehensive performance test
and submitting a notification of compliance under
40 CFR
63.1207(j) and 40 CFR
63.1210(d) documenting compliance with all applicable requirements of 40 CFR
Part 63 subpart EEE], this rule does not apply, except those provisions the
director determines are necessary to ensure compliance with paragraphs (A) and
(C) of rule
3745-57-45
of the Administrative Code if the owner or operator elects to comply with
paragraph (A)(1)(a) of rule
3745-50-235
of the Administrative Code to minimize emissions of toxic compounds from
startup, shutdown, and malfunction events. Nevertheless, the director may apply
the provisions of this rule, on a case-by-case basis,
for purposes of
to
collect information collection in
accordance with paragraphs (A)(5), (D)(6), (H), and (I)
to (I)(2) of rule
3745-50-40
of the Administrative Code and paragraphs (D)(3) (b) and (D)(4)(a)(v) of rule
3745-50-51
of the Administrative Code.
(A)
For the purposes of determining
To determine operational readiness
following
after completion of physical construction, the permit
for a new hazardous waste incinerator shall contain conditions including but
not limited to allowable waste feeds and operating conditions. These permit
conditions will be effective for the minimum time required to bring the
incinerator to a point of operational readiness to conduct a trial burn, not to
exceed seven hundred twenty hours operating time for treatment of hazardous
waste. This operational period may be extended once, for up to seven hundred
twenty additional hours, at the request of the applicant when good cause is
shown. The permit may be modified to reflect the extension according to rule
3745-50-51
of the Administrative Code.
(1) Applicants
shall submit a statement, with "Part B" of the permit application, which
suggests the conditions necessary to operate in compliance with rule
3745-57-43
of the Administrative Code during this period.
This
At a minimum,
this statement should include
, at a
minimum, restrictions on waste constituents, waste feed rates, and the
operating parameters identified in rule
3745-57-45
of the Administrative Code.
(2) The
director will review this statement and any other relevant information
submitted with "Part B" of the permit application. The permit shall specify
requirements for this period sufficient to comply with rule
3745-57-43
of the Administrative Code.
(B)
For the
purposes of determining
To determine the
feasibility of compliance with rule
3745-57-43
of the Administrative Code and
of
determining adequate operating conditions under rule
3745-57-45
of the Administrative Code, the permit for a new hazardous waste incinerator
shall contain conditions to be effective during the trial burn.
(1) Applicants shall propose a trial burn
plan, prepared under paragraph (B)(2) of this rule with "Part B" of the permit
application.
(2) The trial burn
plan shall include all of the following
information:
(a)
An analysis of each waste or mixture of wastes to be burned which includes:
(i) Heat value of the waste in the form and
composition in which
it
the waste will be burned.
(ii) Viscosity (if applicable), or
description of the physical form of the waste.
(iii) An identification of any hazardous
organic constituents listed in the appendix to rule
3745-51-11
of the Administrative Code, which are present in the waste to be burned, except
that the applicant need not analyze for constituents listed in the appendix to
rule
3745-51-11
of the Administrative Code which would reasonably not be expected to be found
in the waste. The constituents excluded from analysis shall be identified, and
the basis for the exclusion stated. The waste analysis shall rely on
appropriate analytical techniques.
(iv) An approximate quantification of the
hazardous constituents identified in the waste, within the precision produced
by appropriate analytical methods.
(b) A detailed engineering description of the
incinerator for which the permit is sought, including:
(i) Manufacturer's name and model number of
incinerator (if available).
(ii)
Type of incinerator.
(iii) Linear
dimensions of the incinerator unit including the cross sectional area of
combustion chamber.
(iv)
Description of the auxiliary fuel system (type or feed).
(v) Capacity of prime mover.
(vi) Description of automatic waste feed
cutoff systems.
(vii) Stack gas
monitoring and pollution cutoff equipment.
(viii) Nozzle and burner design.
(ix) Construction materials.
(x) Location and description of temperature,
pressure, and flow indicating and control devices.
(c) A detailed description of sampling and
monitoring procedures, including sampling and monitoring locations in the
system, the equipment to be used, sampling and monitoring frequency, and
planned analytical procedures for sample analysis.
(d) A detailed test schedule for each waste
for which the trial burn is planned
, including
dates, duration, quantity of waste to be burned, and other factors relevant to
the decision under paragraph (B)(5) of this rule.
(e) A detailed test protocol, including for
each waste identified, the ranges of temperature, waste feed rate, combustion
gas velocity, use of auxiliary fuel, and any other relevant parameters that
will be varied to affect the destruction and removal efficiency of the
incinerator.
(f) A description of,
and planned operating conditions for, any emission control equipment which will
be used.
(g) Procedures for rapidly
stopping waste feed, shutting down the incinerator, and controlling emissions
in the event of an equipment malfunction.
(h) Such other information as the director
reasonably finds necessary to make a preliminary determination whether to
approve the trial burn plan in light of the purposes of
paragraphs
paragraph (B)
to
(B)(11) of this rule and the criteria in paragraph (B)(5) of this
rule.
(3) The director,
in reviewing the trial burn plan, will evaluate the sufficiency of the
information provided and may require the applicant to supplement this
information, if necessary, to achieve the purposes of
paragraphs
paragraph (B)
to
(B)(11) of this rule.
(4)
Based on the waste analysis data in the trial burn plan, the permit will
specify as trial principal organic hazardous constituents (POHCs), those
constituents for which destruction and removal efficiencies shall be calculated
during the trial burn. These trial POHCs will be specified in the permit based
upon an estimate of the difficulty of incineration of the constituents
identified in the waste analysis, the concentration or mass in the waste feed
of the constituents identified in the waste analysis, and, for wastes listed in
rules
3745-51-30
to
3745-51-35
of the Administrative Code, the hazardous waste organic constituent or
constituents identified in the appendix to rule
3745-51-30
of the Administrative Code as the basis of listing.
(5) The trial burn plan will be approved if
it is found
the
director finds that all of the following:
(a) The trial burn is likely to determine
whether rule
3745-57-43
of the Administrative Code can be complied with.
(b) The trial burn itself
will
does not
present an imminent hazard to human health or the environment.
(c) The trial burn will help to determine
operating requirements to be specified under rule
3745-57-45
of the Administrative Code.
(d) The
information sought in paragraphs (B)(5)(a) and (B)(5)(b) of this rule cannot
reasonably be developed through other means.
(6) The director shall send a notice to all
persons on the facility mailing list as provided in
40 CFR
124.10(c)(1)(ix), and to the
appropriate units of state and local government as provided in
40 CFR
124.10(c)(1)(x), announcing
the scheduled commencement and completion dates for the trial burn. The
applicant may not commence the trial burn until after the director has issued
such notice.
(a) This notice shall be mailed
within a reasonable time period before the scheduled trial burn. An additional
notice is not required if the trial burn is delayed due to circumstances beyond
the control of the facility or Ohio EPA.
(b) This notice shall contain all of the
following:
(i) The name and telephone number
of the applicant's contact person.
(ii) The name and telephone number of the
Ohio EPA contact office.
(iii) The
location where the approved trial burn plan and any supporting documents can be
reviewed and copied.
(iv) An
expected time period for commencement and completion of the trial
burn.
(7)
During each approved trial burn (or as soon after the burn as is practicable),
the applicant shall make all of the following determinations:
(a) A quantitative analysis of the trial
POHCs in the waste feed to the incinerator.
(b) A quantitative analysis of the exhaust
gas for the concentration and mass emissions of the trial POHCs, oxygen and
hydrogen chloride.
(c) A
quantitative analysis of the scrubber water (if any), ash residues, and other
residues,
for the purpose of estimating
to estimate the fate of the trial POHCs.
(d) A computation of destruction and removal
efficiency (DRE), in accordance with the DRE formula specified in paragraph (A)
of rule
3745-57-43
of the Administrative Code.
(e) If
the hydrogen chloride emission rate exceeds 1.8 kilograms of hydrogen chloride
per hour (four pounds per hour), a computation of hydrogen chloride removal
efficiency in accordance with paragraph (B) of rule
3745-57-43
of the Administrative Code.
(f) A
computation of particulate emissions, in accordance with paragraph (C) of rule
3745-57-43
of the Administrative Code.
(g) An
identification of sources of fugitive emissions and their means of
control.
(h) A measurement of
average, maximum, and minimum temperatures and combustion gas
velocity.
(i) A continuous
measurement of carbon monoxide in the exhaust gas.
(j) Such other information as the director
may specify as necessary to ensure that the trial burn will determine
compliance with rule
3745-57-43
of the Administrative Code and to establish the operating conditions required
by rule
3745-57-45
of the Administrative Code as necessary to comply with rule
3745-57-43
of the Administrative Code.
(8) The applicant shall submit to the
director a certification that the trial burn
has
been
was carried out in accordance with
the approved trial burn plan, and shall submit the results of all the
determinations required in paragraph (B)(7) of this rule. These submittals
shall be made within ninety days after completion of the trial burn, or later
if approved
by the director.
(9) All data collection during any trial burn
shall be submitted to the director following the completion of the trial
burn.
(10) All submittals required
by
paragraphs
paragraph (B)
to
(B)(11) of this rule shall be certified on behalf of the applicant by
the signature of a person authorized to sign a permit application or a report
under rule
3745-50-42
of the Administrative Code.
(11)
Based on the results of the trial burn, the operating requirements shall be set
in the final permit according to rule
3745-57-45
of the Administrative Code.
(C)
For the
purposes of allowing
To allow operation
of a new hazardous waste incinerator
following
after
completion of the trial burn and prior to final modification of the permit
conditions to reflect the trial burn results, the permit may contain
conditions, including but not limited to allowable
wastefeeds
waste feeds
and operating conditions sufficient to comply with rule
3745-57-45
of the Administrative Code, in the permit to a new hazardous waste incinerator.
These permit conditions will be effective for the minimum time required to
complete sample analysis, data computation and submittal of the trial burn
results by the applicant, and modification of the facility permit.
(1) Applicants shall submit a statement with
"Part B" of the permit application, which identifies the conditions necessary
to operate in compliance with rule
3745-57-43
of the Administrative Code during this period.
This
At a minimum,
this statement should include
, at a
minimum, restrictions on waste constituents, waste feed rates, and the
operating parameters in rule
3745-57-45
of the Administrative Code.
(2) The
director will review this statement and any other relevant information
submitted with "Part B" of the permit application and recommend those
requirements for this period most likely to comply with rule
3745-57-43
of the Administrative Code based on engineering judgment.
(D)
For the
purposes of determining
To determine the
feasibility of compliance with rule
3745-57-43
of the Administrative Code and
of
determining adequate operating conditions under rule
3745-57-45
of the Administrative Code, the applicant for a permit for an existing
hazardous waste incinerator shall prepare and submit a trial burn plan and
perform a trial burn in accordance with paragraph (C)(7)(b) of rule
3745-50-44
of the Administrative Code and paragraphs (B)(2) to (B)(5) and (B)(7) to
(B)(10) of this rule or, instead, submit other information as specified in
paragraph (C) (7)(c) of rule
3745-50-44
of the Administrative Code. The director shall announce the director's
intention to approve the trial burn plan in accordance with the timing and
distribution requirements of paragraph (B)(6) of this rule. The contents of the
notice shall include
: the name and
telephone number of a contact person at the facility
;
, the name and
telephone number of a contact office at Ohio EPA
;
, the location where
the trial burn plan and any supporting documents can be reviewed and
copied
;
, and
a schedule of the activities that are required prior to permit issuance,
including the anticipated time schedule for Ohio EPA approval of the plan and
the time period during which the trial burn would be conducted. Applicants
submitting information under paragraph (C)(7)(a) of rule
3745-50-44are
exempt from compliance with rules
3745-57-43
and
3745-57-45
of the Administrative Code, and therefore, are exempt from the requirement to
conduct a trial burn. Applicants who submit trial burn plans and receive
approval before submittal of a permit application shall complete the trial burn
and submit the results, specified in paragraph (B)(7) of this rule, with "Part
B" of the permit application. If completion of this process conflicts with the
date set for submittal of the "Part B" application, the applicant shall contact
the director to establish a later date for submittal of the "Part B"
application or the trial burn results. Trial burn results shall be submitted
prior to issuance of the permit. When the applicant submits a trial burn plan
with "Part B" of the permit application, the director will specify a time
period prior to permit issuance in which the trial burn shall be conducted and
the results submitted.
[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
Ohio Admin. Code
3745-50-62
Effective:
9/29/2021
Five Year Review (FYR) Dates:
6/7/2021 and
06/05/2026
Promulgated
Under:
119.03
Statutory Authority:
3734.12
Rule Amplifies:
3734.12
Prior Effective Dates: 08/26/1983 (Emer.), 11/29/1983, 03/04/1985,
07/01/1985 (Emer.), 08/29/1985, 04/01/1990, 02/11/1992, 02/14/1995, 09/02/1997,
03/13/2002, 12/07/2004, 02/16/2009, 09/05/2010,
10/31/2015