When an owner or operator of a cement kiln, lightweight
aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid
production furnace becomes subject to Section
19-6-108
permit requirements after October 12, 2005, or when an owner or operator of an
existing cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid
fuel boiler, or hydrochloric acid production furnace demonstrates compliance
with the air emission standards and limitations in 40 CFR 63, subpart EEE,
i.e., by conducting a comprehensive performance test and submitting a
Notification of Compliance under
40 CFR
63.1207(j) and
63.1210(d)
documenting compliance with all applicable requirements of Subsection
R307-214-2(39)
which incorporates 40 CFR part 63, subpart EEE, the requirements of Section
R315-270-22 do not apply. The requirements of Section R315-270-22 do apply,
however, if the Director determines certain provisions are necessary to ensure
compliance with Subsections
R315-266-102(e)(1)
and (e)(2)(iii) if the owner or operator
elects to comply with Subsection
R315-270-235(a)(1)(i)
to minimize emissions of toxic compounds from startup, shutdown, and
malfunction events; or if the facility is an area source and the owner or
operator elects to comply with the Sections
R315-266-105
through 107 standards and associated requirements for particulate matter,
hydrogen chloride and chlorine gas, and non-mercury metals; or the Director
determines certain provisions apply, on a case-by-case basis, for purposes of
information collection in accordance with Subsections
R315-270-10(k),
R315-270-10(l),
and Subsections
R315-270-32(b)(2),
and 32(b)(3).
(a) Trial burns
(1) General. Except as provided below, owners
and operators that are subject to the standards to control organic emissions
provided by Section
R315-266-104,
standards to control particulate matter provided by Section
R315-266-105,
standards to control metals emissions provided by Section
R315-266-106,
or standards to control hydrogen chloride or chlorine gas emissions provided by
Section
R315-266-107
shall conduct a trial burn to demonstrate conformance with those standards and
shall submit a trial burn plan or the results of a trial burn, including all
required determinations, in accordance with Section
R315-270-66.
(i) A trial burn to demonstrate conformance
with a particular emission standard may be waived under provisions of Sections
R315-266-104
through 107 and Subsections R315-270-22(a)(2) through (a)(5); and
(ii) The owner or operator may submit data in
lieu of a trial burn, as prescribed in Subsection
R315-270-22(a)(6).
(2)
Waiver of trial burn for DRE
(i) Boilers
operated under special operating requirements. When seeking to be permitted
under Subsections
R315-266-104(a)(4)
and
R315-266-110
that automatically waive the DRE trial burn, the owner or operator of a boiler
shall submit documentation that the boiler operates under the special operating
requirements provided by Section
R315-266-110.
(ii) Boilers and industrial furnaces burning
low risk waste. When seeking to be permitted under the provisions for low risk
waste provided by Subsections
R315-266-104(a)(5)
and
R315-266-109(a)
that waive the DRE trial burn, the owner or operator shall submit:
(A) Documentation that the device is operated
in conformance with the requirements of Subsection
R315-266-109(a)(1).
(B) Results of analyses of each
waste to be burned, documenting the concentrations of nonmetal compounds listed
in appendix VIII of Rule R315-261, except for those constituents that would
reasonably not be expected to be in the waste. The constituents excluded from
analysis shall be identified and the basis for their exclusion explained. The
analysis shall rely on appropriate analytical techniques.
(C) Documentation of hazardous waste firing
rates and calculations of reasonable, worst-case emission rates of each
constituent identified in Subsection R315-270-22(a)(2)(ii)(B) using procedures
provided by Subsection
R315-266-109(a)(2)(ii).
(D) Results of emissions dispersion modeling
for emissions identified in Subsection R315-270-22(a)(2)(ii)(C) using modeling
procedures prescribed by Subsection
R315-266-106(h).
The Director shall review the emission modeling conducted by the applicant to
determine conformance with these procedures. The Director shall either approve
the modeling or determine that alternate or supplementary modeling is
appropriate.
(E) Documentation that
the maximum annual average ground level concentration of each constituent
identified in Subsection R315-270-22(a)(2)(ii)(B) quantified in conformance
with Subsection R315-270-22(a)(2)(ii)(D) does not exceed the allowable ambient
level established in appendices IV or V of Rule R315-266. The acceptable
ambient concentration for emitted constituents for which a specific Reference
Air Concentration has not been established in appendix IV or Risk-Specific Dose
has not been established in appendix V is 0.1 micrograms per cubic meter, as
noted in the footnote to appendix IV.
(3) Waiver of trial burn for metals. When
seeking to be permitted under the Tier I, or adjusted Tier I, metals feed rate
screening limits provided by Subsections
R315-266-106(b)
and (e) that control metals emissions without
requiring a trial burn, the owner or operator shall submit:
(i) Documentation of the feed rate of
hazardous waste, other fuels, and industrial furnace feed stocks;
(ii) Documentation of the concentration of
each metal controlled by Subsection
R315-266-106(b)
or (e) in the hazardous waste, other fuels,
and industrial furnace feedstocks, and calculations of the total feed rate of
each metal;
(iii) Documentation of
how the applicant shall ensure that the Tier I feed rate screening limits
provided by Subsection
R315-266-106(b)
or (e) shall not be exceeded during the
averaging period provided by Subsection
R315-266-106(b)
or (e);
(iv) Documentation to support the
determination of the terrain-adjusted effective stack height, good engineering
practice stack height, terrain type, and land use as provided by Subsections
R315-266-106(b)(3)
through (b)(5);
(v) Documentation of compliance with the
provisions of Subsection
R315-266-106(b)(6),
if applicable, for facilities with multiple stacks;
(vi) Documentation that the facility does not
fail the criteria provided by Subsection
R315-266-106(b)(7)
for eligibility to comply with the screening limits; and
(vii) Proposed sampling and metals analysis
plan for the hazardous waste, other fuels, and industrial furnace feed
stocks.
(4) Waiver of
trial burn for particulate matter. When seeking to be permitted under the low
risk waste provisions of Subsection
R315-266-109(b)
which waives the particulate standard, and trial burn to demonstrate
conformance with the particulate standard, applicants shall submit
documentation supporting conformance with Subsections R315-270-22(a)(2)(ii) and
(a)(3).
(5) Waiver of trial burn
for HCl and Cl
2. When seeking to be permitted under the
Tier I, or adjusted Tier I, feed rate screening limits for total chloride and
chlorine provided by Subsections
R315-266-107(b)(1)
and (e) that control emissions of hydrogen
chloride (HCl) and chlorine gas (Cl
2) without requiring
a trial burn, the owner or operator shall submit:
(i) Documentation of the feed rate of
hazardous waste, other fuels, and industrial furnace feed stocks;
(ii) Documentation of the levels of total
chloride and chlorine in the hazardous waste, other fuels, and industrial
furnace feedstocks, and calculations of the total feed rate of total chloride
and chlorine;
(iii) Documentation
of how the applicant shall ensure that the Tier I, or adjusted Tier I, feed
rate screening limits provided by Subsection
R315-266-107(b)(1)
or (e) shall not be exceeded during the
averaging period provided by Subsection
R315-266-107(b)(1)
or (e);
(iv) Documentation to support the
determination of the terrain-adjusted effective stack height, good engineering
practice stack height, terrain type, and land use as provided by Subsection
R315-266-107(b)(3);
(v) Documentation of compliance with the
provisions of Subsection
R315-266-107(b)(4),
if applicable, for facilities with multiple stacks;
(vi) Documentation that the facility does not
fail the criteria provided by Subsection
R315-266-107(b)(3)
for eligibility to comply with the screening limits; and
(vii) Proposed sampling and analysis plan for
total chloride and chlorine for the hazardous waste, other fuels, and
industrial furnace feedstocks.
(6) Data in lieu of trial burn. The owner or
operator may seek an exemption from the trial burn requirements to demonstrate
conformance with Sections
R315-266-104
through 107 and Section
R315-270-66
by providing the information required by Section
R315-270-66
from previous compliance testing of the device in conformance with Subsection
R315-266-103,
or from compliance testing or trial or operational burns of similar boilers or
industrial furnaces burning similar hazardous wastes under similar conditions.
If data from a similar device is used to support a trial burn waiver, the
design and operating information required by Section
R315-270-66
shall be provided for both the similar device and the device to which the data
is to be applied, and a comparison of the design and operating information
shall be provided. The Director shall approve a permit application without a
trial burn if he finds that the hazardous wastes are sufficiently similar, the
devices are sufficiently similar, the operating conditions are sufficiently
similar, and the data from other compliance tests, trial burns, or operational
burns are adequate to specify, under Section
R315-266-102,
operating conditions that shall ensure conformance with Subsection
R315-266-102(c).
In addition, the following information shall be submitted:
(i) For a waiver from any trial burn:
(A) A description and analysis of the
hazardous waste to be burned compared with the hazardous waste for which data
from compliance testing, or operational or trial burns are provided to support
the contention that a trial burn is not needed;
(B) The design and operating conditions of
the boiler or industrial furnace to be used, compared with that for which
comparative burn data are available; and
(C) Such supplemental information as the
Director finds necessary to achieve the purposes of Subsection R315-270-22(a).
(ii) For a waiver of the
DRE trial burn, the basis for selection of POHCs used in the other trial or
operational burns which demonstrate compliance with the DRE performance
standard in Subsection
R315-266-104(a).
This analysis should specify the constituents in appendix VIII, Rule R315-261,
that the applicant has identified in the hazardous waste for which a permit is
sought, and any differences from the POHCs in the hazardous waste for which
burn data are provided.
(b) Alternative HC limit for industrial
furnaces with organic matter in raw materials. Owners and operators of
industrial furnaces requesting an alternative HC limit under Subsection
R315-266-104(f)
shall submit the following information at a minimum:
(1) Documentation that the furnace is
designed and operated to minimize HC emissions from fuels and raw materials;
(2) Documentation of the proposed
baseline flue gas HC, and CO, concentration, including data on HC, and CO,
levels during tests when the facility produced normal products under normal
operating conditions from normal raw materials while burning normal fuels and
when not burning hazardous waste;
(3) Test burn protocol to confirm the
baseline HC, and CO, level including information on the type and flow rate of
all feedstreams, point of introduction of all feedstreams, total organic carbon
content, or other appropriate measure of organic content, of all nonfuel
feedstreams, and operating conditions that affect combustion of fuel(s) and
destruction of hydrocarbon emissions from nonfuel sources;
(4) Trial burn plan to:
(i) Demonstrate that flue gas HC, and CO,
concentrations when burning hazardous waste do not exceed the baseline HC, and
CO, level; and
(ii) Identify the
types and concentrations of organic compounds listed in appendix VIII, Rule
R315-261, that are emitted when burning hazardous waste in conformance with
procedures prescribed by the Director;
(5) Implementation plan to monitor over time
changes in the operation of the facility that could reduce the baseline HC
level and procedures to periodically confirm the baseline HC level; and
(6) Such other information as the
Director finds necessary to achieve the purposes of Subsection R315-270-22(b).
(c) Alternative metals
implementation approach. When seeking to be permitted under an alternative
metals implementation approach under Subsection
R315-266-106(f),
the owner or operator shall submit documentation specifying how the approach
ensures compliance with the metals emissions standards of Subsection
R315-266-106(c)
or (d) and how the approach can be
effectively implemented and monitored. Further, the owner or operator shall
provide such other information that the Director finds necessary to achieve the
purposes of Subsection R315-270-22(b).
(d) Automatic waste feed cutoff system.
Owners and operators shall submit information describing the automatic waste
feed cutoff system, including any pre-alarm systems that may be used.
(e) Direct transfer. Owners and
operators that use direct transfer operations to feed hazardous waste from
transport vehicles, containers, as defined in Section
R315-266-111,
directly to the boiler or industrial furnace shall submit information
supporting conformance with the standards for direct transfer provided by
Section
R315-266-111.
(f) Residues. Owners and operators that claim
that their residues are excluded from regulation under the provisions of
Section
R315-266-112
shall submit information adequate to demonstrate conformance with those
provisions.