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 the hazardous waste 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 Subsection
R307-214-2(39),
i.e., by conducting a comprehensive performance test and submitting a
Notification of Compliance under
40 CFR
63.1207(j) and
63.1210(d)
which are incorporated by reference in
R307-214-2(39)
documenting compliance with all applicable requirements of Subsection
R307-214-2(39),
the requirements of Section R315-270-66 do not apply. The requirements of
Section R315-270-66 do apply, however, if the Director determines certain
provisions are necessary to ensure compliance with Subsections
R315-266-102(e)(1)
and 102(e)(2)(iii) if owners and operators elect to comply with Subsection
R315-270-235(a)(1)(i)
to minimize emissions of toxic compounds from startup, shutdown, and
malfunction events; or if you are an area source and elect to comply with the
Sections
R315-266-105,
106, and 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),
10(l), 32(b)(2), and 32(b)(3).
(a)
General. Owners and operators of new boilers and industrial furnaces, those not
operating under the interim status standards of Section
R315-266-103,
are subject to Subsections R315-270-66(b) through (f). Boilers and industrial
furnaces operating under the interim status standards of Section
R315-266-103
are subject to Subsection R315-270-66(g).
(b) Permit operating periods for new boilers
and industrial furnaces. A permit for a new boiler or industrial furnace shall
specify appropriate conditions for the following operating periods:
(1) Pretrial burn period. For the period
beginning with initial introduction of hazardous waste and ending with
initiation of the trial burn, and only for the minimum time required to bring
the boiler or industrial furnace to a point of operational readiness to conduct
a trial burn, not to exceed 720 hours operating time when burning hazardous
waste, the Director shall establish in the Pretrial Burn Period of the permit
conditions, including but not limited to, allowable hazardous waste feed rates
and operating conditions. The Director may extend the duration of this
operational period once, for up to 720 additional hours, at the request of the
applicant when good cause is shown. The permit may be modified to reflect the
extension according to Section
R315-270-42.
(i) Applicants shall submit a statement, with
part B of the permit application that suggests the conditions necessary to
operate in compliance with the standards of Sections
R315-266-104
through 107 during this period. This statement should include, at a minimum,
restrictions on the applicable operating requirements identified in Subsection
R315-266-102(e).
(ii) The Director shall review this statement
and any other relevant information submitted with part B of the permit
application and specify requirements for this period sufficient to meet the
performance standards of Sections
R315-266-104
through 107.
(2) Trial
burn period. For the duration of the trial burn, the Director shall establish
conditions in the permit for the purposes of determining feasibility of
compliance with the performance standards of Sections
R315-266-104
through 107 and determining adequate operating conditions under Subsection
R315-266-102(e).
Applicants shall propose a trial burn plan, prepared under Subsection
R315-270-66(c), to be submitted with part B of the permit application.
(3) Post-trial burn period.
(i) For the period immediately following
completion of the trial burn, and only for the minimum period sufficient to
allow sample analysis, data computation, and submission of the trial burn
results by the applicant, and review of the trial burn results and modification
of the facility permit by the Director to reflect the trial burn results, the
Director shall establish the operating requirements most likely to ensure
compliance with the performance standards of Sections
R315-266-104
through 107.
(ii) Applicants shall
submit a statement, with part B of the application that identifies the
conditions necessary to operate during this period in compliance with the
performance standards of Sections
R315-266-104
through 107. This statement should include, at a minimum, restrictions on the
operating requirements provided by Subsection
R315-266-102(e).
(iii) The Director shall review this
statement and any other relevant information submitted with part B of the
permit application and specify requirements for this period sufficient to meet
the performance standards of Sections
R315-266-104
through 107.
(4) Final
permit period. For the final period of operation, the Director shall develop
operating requirements in conformance with Subsection
R315-266-102(e)
that reflect conditions in the trial burn plan and are likely to ensure
compliance with the performance standards of Sections
R315-266-104
through 107. Based on the trial burn results, the Director shall make any
necessary modifications to the operating requirements to ensure compliance with
the performance standards. The permit modification shall proceed according to
Section
R315-270-42.
(c) Requirements for trial burn plans. The
trial burn plan shall include the following information. The Director, in
reviewing the trial burn plan, shall evaluate the sufficiency of the
information provided and may require the applicant to supplement this
information, if necessary, to achieve the purposes of Subsections
R315-270-66(c)(1) through (9):
(1) An
analysis of each feed stream, including hazardous waste, other fuels, and
industrial furnace feed stocks, as fired, that includes:
(i) Heating value, levels of antimony,
arsenic, barium, beryllium, cadmium, chromium, lead, mercury, silver, thallium,
total chlorine/chloride, and ash;
(ii) Viscosity or description of the physical
form of the feed stream;
(2) An analysis of each hazardous waste, as
fired, including:
(i) An identification of
any hazardous organic constituents listed in appendix VIII, of Rule R315-261,
that are present in the feed stream, except that the applicant need not analyze
for constituents listed in appendix VIII that would reasonably not be expected
to be found in the hazardous waste. The constituents excluded from analysis
shall be identified and the basis for this exclusion explained. The waste
analysis shall be conducted in accordance with appropriate analytical
techniques.
(ii) An approximate
quantification of the hazardous constituents identified in the hazardous waste,
within the precision produced by appropriate analytical methods.
(iii) A description of blending procedures,
if applicable, prior to firing the hazardous waste, including a detailed
analysis of the hazardous waste prior to blending, an analysis of the material
with which the hazardous waste is blended, and blending ratios.
(3) A detailed engineering
description of the boiler or industrial furnace, including:
(i) Manufacturer's name and model number of
the boiler or industrial furnace;
(ii) Type of boiler or industrial furnace;
(iii) Maximum design capacity in
appropriate units;
(iv) Description
of the feed system for the hazardous waste, and, as appropriate, other fuels
and industrial furnace feedstocks;
(v) Capacity of hazardous waste feed system;
(vi) Description of automatic
hazardous waste feed cutoff system(s);
(vii) Description of any air pollution
control system; and
(viii)
Description of stack gas monitoring and any pollution control monitoring
systems.
(4) 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.
(5) A detailed test schedule for
each hazardous waste for which the trial burn is planned, including date(s),
duration, quantity of hazardous waste to be burned, and other factors relevant
to the Director's decision under Subsection R315-270-66(b)(2).
(6) A detailed test protocol, including, for
each hazardous waste identified, the ranges of hazardous waste feed rate, and,
as appropriate, the feed rates of other fuels and industrial furnace
feedstocks, and any other relevant parameters that may affect the ability of
the boiler or industrial furnace to meet the performance standards in Sections
R315-266-104
through 107.
(7) A description of,
and planned operating conditions for, any emission control equipment that will
be used.
(8) Procedures for rapidly
stopping the hazardous waste feed and controlling emissions in the event of an
equipment malfunction.
(9) Such
other information as the Director reasonably finds necessary to determine
whether to approve the trial burn plan in light of the purposes of Section
R315-270-66(c) and the criteria in Subsection
R315-270-66(b)(2).
(d)
Trial burn procedures.
(1) A trial burn shall
be conducted to demonstrate conformance with the standards of Sections
R315-266-104
through 107 under an approved trial burn plan.
(2) The Director shall approve a trial burn
plan if the Director finds that:
(i) The
trial burn is likely to determine whether the boiler or industrial furnace can
meet the performance standards of Sections
R315-266-104
through 107;
(ii) The trial burn
itself shall not present an imminent hazard to human health and the
environment;
(iii) The trial burn
will help the Director to determine operating requirements to be specified
under Subsection
R315-266-102(e);
and
(iv) The information sought in
the trial burn cannot reasonably be developed through other
means.
(3) The Director
shall send a notice to all persons on the facility mailing list as set forth in
Subsection
R315-124-10(c)(1)(ix)
and to the appropriate units of State and local government as set forth in
Subsection
R315-124-10(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.
(i) This notice shall be
mailed within a reasonable time period before the trial burn. An additional
notice is not required if the trial burn is delayed due to circumstances beyond
the control of the facility or the Director.
(ii) This notice shall contain:
(A) The name and telephone number of
applicant's contact person;
(B) The
name and telephone number of the Division;
(C) The location where the approved trial
burn plan and any supporting documents can be reviewed and copied; and
(D) An expected time period for
commencement and completion of the trial burn.
(4) The applicant shall submit to the
Director a certification that the trial burn has been carried out in accordance
with the approved trial burn plan, and shall submit the results of all the
determinations required in Subsection R315-270-66(c). This submission shall be
made within 90 days of completion of the trial burn, or later if approved by
the Director.
(5) All data
collected during any trial burn shall be submitted to the Director following
completion of the trial burn.
(6)
All submissions required by Subsection R315-270-66(d) shall be certified on
behalf of the applicant by the signature of a person authorized to sign a
permit application or a report under Section
R315-270-11.
(e) Special procedures for DRE trial burns.
When a DRE trial burn is required under Subsection
R315-266-104(a),
the Director shall specify, based on the hazardous waste analysis data and
other information in the trial burn plan, as trial Principal Organic Hazardous
Constituents (POHCs) those compounds for which destruction and removal
efficiencies shall be calculated during the trial burn. These trial POHCs shall
be specified by the Director based on information including the Director's
estimate of the difficulty of destroying the constituents identified in the
hazardous waste analysis, their concentrations or mass in the hazardous waste
feed, and, for hazardous waste containing or derived from wastes listed in
Sections
R315-261-30
through 35, the hazardous waste organic constituent(s) identified in Appendix
VII of Rule R315-261 as the basis for listing.
(f) Determinations based on trial burn.
During each approved trial burn, or as soon after the burn as is practicable,
the applicant shall make the following determinations:
(1) A quantitative analysis of the levels of
antimony, arsenic, barium, beryllium, cadmium, chromium, lead, mercury,
thallium, silver, and chlorine/chloride, in the feed streams; hazardous waste,
other fuels, and industrial furnace feedstocks;
(2) When a DRE trial burn is required under
Subsection
R315-266-104(a):
(i) A quantitative analysis of the trial
POHCs in the hazardous waste feed;
(ii) A quantitative analysis of the stack gas
for the concentration and mass emissions of the trial POHCs; and
(iii) A computation of destruction and
removal efficiency (DRE), in accordance with the DRE formula specified in
Subsection
R315-266-104(a);
(3) When a trial burn for chlorinated dioxins
and furans is required under Subsection
R315-266-104(e),
a quantitative analysis of the stack gas for the concentration and mass
emission rate of the 2,3,7,8-chlorinated tetra-octa congeners of chlorinated
dibenzo-p-dioxins and furans, and a computation showing conformance with the
emission standard;
(4) When a
trial burn for particulate matter, metals, or HCl/Cl2 is required under Section
R315-266-105,
or Subsections
R315-266-106(c)
or (d), or Subsections
R315-266-107(b)(2)
or (c), a quantitative analysis of the stack
gas for the concentrations and mass emissions of particulate matter, metals, or
hydrogen chloride (HCl) and chlorine (Cl2), and computations showing
conformance with the applicable emission performance standards;
(5) When a trial burn for DRE, metals, or
HCl/Cl2 is required under Subsections
R315-266-104(a),
106(c) or (d), or 107(b)(2) or (c), a quantitative analysis of the scrubber
water, if any); ash residues; other residues; and products for the purpose of
estimating the fate of the trial POHCs, metals, and
chlorine/chloride;
(6) An
identification of sources of fugitive emissions and their means of
control;
(7) A continuous
measurement of carbon monoxide (CO), oxygen, and where required, hydrocarbons
(HC), in the stack gas; and
(8)
Such other information as the Director may specify as necessary to ensure that
the trial burn shall determine compliance with the performance standards in
Sections
R315-266-104
through 107 and to establish the operating conditions required by Subsection
R315-266-102(e)
as necessary to meet those performance standards.
(g) Interim status boilers and industrial
furnaces. For the purpose of determining feasibility of compliance with the
performance standards of Sections
R315-266-104
through 107 and of determining adequate operating conditions under Section
R315-266-103,
applicants owning or operating existing boilers or industrial furnaces operated
under the interim status standards of Section
R315-266-103
shall either prepare and submit a trial burn plan and perform a trial burn in
accordance with the requirements of Section R315-270-66 or submit other
information as specified in Subsection
R315-270-22(a)(6).
The Director shall announce the Director's intention to approve of the trial
burn plan in accordance with the timing and distribution requirements of
Subsection R315-270-66(d)(3). 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 the Division; 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 Director approval of the plan and
the time periods during which the trial burn would be conducted. Applicants who
submit a trial burn plan and receive approval before submission of the part B
permit application shall complete the trial burn and submit the results
specified in Subsection R315-270-66(f) with the part B permit application. If
completion of this process conflicts with the date set for submission of the
part B application, the applicant shall contact the Director to establish a
later date for submission of the part B application or the trial burn results.
If the applicant submits a trial burn plan with part B of the permit
application, the trial burn shall be conducted and the results submitted within
a time period prior to permit issuance to be specified by the
Director.