[Code of Federal Regulations]
[Title 40, Volume 23]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR270.22]
[Page 303-306]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION
AGENCY (CONTINUED)
PART 270--EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM--Table of Contents
Subpart B--Permit Application
Sec. 270.22 Specific part B information requirements for boilers and industrial furnaces burning hazardous waste.
When an owner or operator of a cement or lightweight aggregate kiln
demonstrates compliance with the air emission standards and limitations
in part 63, subpart EEE, of this chapter (i.e., by conducting a
comprehensive performance test and submitting a Notification of
Compliance), the requirements of this section do not apply, except those
provisions the Director determines are necessary to ensure compliance
with Secs. 266.102(e)(1) and 266.102(e)(2)(iii) of this chapter if you
elect to comply with Sec. 270.235(a)(1)(i) to minimize emissions of
toxic compounds from startup, shutdown, and malfunction events.
Nevertheless, the Director may apply the provisions of this section, on
a case-by-case basis, for purposes of information collection in
accordance with Secs. 270.10(k) and 270.32(b)(2).
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(a) Trial burns--(1) General. Except as provided below, owners and
operators that are subject to the standards to control organic emissions
provided by Sec. 266.104 of this chapter, standards to control
particulate matter provided by Sec. 266.105 of this chapter, standards
to control metals emissions provided by Sec. 266.106 of this chapter, or
standards to control hydrogen chloride or chlorine gas emissions
provided by Sec. 266.107 of this chapter must conduct a trial burn to
demonstrate conformance with those standards and must submit a trial
burn plan or the results of a trial burn, including all required
determinations, in accordance with Sec. 270.66.
(i) A trial burn to demonstrate conformance with a particular
emission standard may be waived under provisions of Secs. 266.104
through 266.107 of this chapter and paragraphs (a)(2) through (a)(5) of
this section; and
(ii) The owner or operator may submit data in lieu of a trial burn,
as prescribed in paragraph (a)(6) of this section.
(2) Waiver of trial burn for DRE--(i) Boilers operated under special
operating requirements. When seeking to be permitted under
Secs. 266.104(a)(4) and 266.110 of this chapter that automatically waive
the DRE trial burn, the owner or operator of a boiler must submit
documentation that the boiler operates under the special operating
requirements provided by Sec. 266.110 of this chapter.
(ii) Boilers and industrial furnaces burning low risk waste. When
seeking to be permitted under the provisions for low risk waste provided
by Secs. 266.104(a)(5) and 266.109(a) of this chapter that waive the DRE
trial burn, the owner or operator must submit:
(A) Documentation that the device is operated in conformance with
the requirements of Sec. 266.109(a)(1) of this chapter.
(B) Results of analyses of each waste to be burned, documenting the
concentrations of nonmetal compounds listed in appendix VIII of part 261
of this chapter, except for those constituents that would reasonably not
be expected to be in the waste. The constituents excluded from analysis
must be identified and the basis for their exclusion explained. The
analysis must rely on analytical techniques specified in Test Methods
for Evaluating Solid Waste, Physical/Chemical Methods (incorporated by
reference, see Sec. 260.11).
(C) Documentation of hazardous waste firing rates and calculations
of reasonable, worst-case emission rates of each constituent identified
in paragraph (a)(2)(ii)(B) of this section using procedures provided by
Sec. 266.109(a)(2)(ii) of this chapter.
(D) Results of emissions dispersion modeling for emissions
identified in paragraphs (a)(2)(ii)(C) of this section using modeling
procedures prescribed by Sec. 266.106(h) of this chapter. The Director
will review the emission modeling conducted by the applicant to
determine conformance with these procedures. The Director will 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 paragraph (a)(2)(ii)(B)
of this section quantified in conformance with paragraph (a)(2)(ii)(D)
of this section does not exceed the allowable ambient level established
in appendices IV or V of part 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 Sec. 266.106 (b) and (e) of this chapter that control metals
emissions without requiring a trial burn, the owner or operator must
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
Sec. 266.106 (b) or (e) of this chapter 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 will ensure that the Tier I
feed
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rate screening limits provided by Sec. 266.106 (b) or (e) of this
chapter will not be exceeded during the averaging period provided by
that paragraph;
(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 Sec. 266.106 (b)(3) through
(b)(5) of this chapter;
(v) Documentation of compliance with the provisions of
Sec. 266.106(b)(6), if applicable, for facilities with multiple stacks;
(vi) Documentation that the facility does not fail the criteria
provided by Sec. 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 Sec. 266.109(b) which
waives the particulate standard (and trial burn to demonstrate
conformance with the particulate standard), applicants must submit
documentation supporting conformance with paragraphs (a)(2)(ii) and
(a)(3) of this section.
(5) Waiver of trial burn for HCl and Cl2. When seeking to
be permitted under the Tier I (or adjusted Tier I) feed rate screening
limits for total chloride and chlorine provided by Sec. 266.107 (b)(1)
and (e) of this chapter that control emissions of hydrogen chloride
(HCl) and chlorine gas (Cl2) without requiring a trial burn,
the owner or operator must 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 will ensure that the Tier I
(or adjusted Tier I) feed rate screening limits provided by Sec. 266.107
(b)(1) or (e) of this chapter will not be exceeded during the averaging
period provided by that paragraph;
(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 Sec. 266.107(b)(3) of this
chapter;
(v) Documentation of compliance with the provisions of
Sec. 266.107(b)(4), if applicable, for facilities with multiple stacks;
(vi) Documentation that the facility does not fail the criteria
provided by Sec. 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 Secs. 266.104 through 266.107 of this chapter and Sec. 270.66 by
providing the information required by Sec. 270.66 from previous
compliance testing of the device in conformance with Sec. 266.103 of
this chapter, 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 Sec. 270.66 must 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 must 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 Sec. 266.102 of this chapter) operating
conditions that will ensure conformance with Sec. 266.102(c) of this
chapter. 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
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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 this paragraph.
(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 Sec. 266.104(a) of this
chapter. This analysis should specify the constituents in appendix VIII,
part 261 of this chapter, 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 Sec. 266.104(f) of this chapter 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, part 261 of this chapter, 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 this paragraph.
(c) Alternative metals implementation approach. When seeking to be
permitted under an alternative metals implementation approach under
Sec. 266.106(f) of this chapter, the owner or operator must submit
documentation specifying how the approach ensures compliance with the
metals emissions standards of Sec. 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 this paragraph.
(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 Sec. 266.111 of this chapter) directly to the boiler or
industrial furnace shall submit information supporting conformance with
the standards for direct transfer provided by Sec. 266.111 of this
chapter.
(f) Residues. Owners and operators that claim that their residues
are excluded from regulation under the provisions of Sec. 266.112 of
this chapter must submit information adequate to demonstrate conformance
with those provisions.
[56 FR 7235, Feb. 21, 1991; 56 FR 32691, July 17, 1991, as amended at 64
FR 53077, Sept. 30, 1999; 67 FR 6816, Feb. 13, 2002]
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