[Code of Federal Regulations]
[Title 40, Volume 11]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR63.1204]

[Page 13-17]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES--Table of Contents
 
 Subpart EEE--National Emission Standards for Hazardous Air Pollutants 
                     from Hazardous Waste Combustors
 
Sec. 63.1204  What are the standards for hazardous waste burning cement kilns?

    (a) Emission limits for existing sources. You must not discharge or 
cause combustion gases to be emitted into the atmosphere that contain:
    (1) For dioxins and furans:
    (i) Emissions in excess of 0.20 ng TEQ/dscm corrected to 7 percent 
oxygen; or
    (ii) Emissions in excess of 0.40 ng TEQ/dscm corrected to 7 percent 
oxygen provided that the combustion gas temperature at the inlet to the 
initial dry particulate matter control device is 400 F or lower based 
on the average of the test run average temperatures;
    (2) Mercury in excess of 120 [mgr]g/dscm corrected to 7 percent 
oxygen;
    (3) Lead and cadmium in excess of 330 [mgr]g/dscm, combined 
emissions, corrected to 7 percent oxygen;
    (4) Arsenic, beryllium, and chromium in excess of 56 [mgr]g/dscm, 
combined emissions, corrected to 7 percent oxygen;
    (5) Carbon monoxide and hydrocarbons. (i) For kilns equipped with a 
by-pass duct or midkiln gas sampling system, either:
    (A) Carbon monoxide in the by-pass duct or mid-kiln gas sampling 
system in excess of 100 parts per million by volume, over an hourly 
rolling average (monitored continuously with a continuous emissions 
monitoring system), dry basis and corrected to 7 percent oxygen. If you 
elect to comply with this carbon monoxide standard rather than the 
hydrocarbon standard under paragraph (a)(5)(i)(B) of this section, you 
must also document that, during the destruction and removal efficiency 
(DRE) test runs or their equivalent as provided by Sec. 63.1206(b)(7), 
hydrocarbons in the by-pass duct or mid-kiln gas sampling system do not 
exceed 10 parts per million by volume during those runs, over an hourly 
rolling average (monitored continuously with a continuous emissions 
monitoring system), dry basis, corrected to 7 percent oxygen, and 
reported as propane; or
    (B) Hydrocarbons in the by-pass duct or midkiln gas sampling system 
in excess of 10 parts per million by volume, over an hourly rolling 
average (monitored continuously with a continuous emissions monitoring 
system), dry basis, corrected to 7 percent oxygen, and reported as 
propane;
    (ii) For kilns not equipped with a by-pass duct or midkiln gas 
sampling system, either:
    (A) Hydrocarbons in the main stack in excess of 20 parts per million 
by volume, over an hourly rolling average (monitored continuously with a 
continuous emissions monitoring system), dry basis, corrected to 7 
percent oxygen, and reported as propane; or
    (B) Carbon monoxide in the main stack in excess of 100 parts per 
million by volume, over an hourly rolling average (monitored 
continuously with a continuous emissions monitoring system), dry basis 
and corrected to 7 percent oxygen. If you elect to comply with this 
carbon monoxide standard rather than the hydrocarbon standard under 
paragraph (a)(5)(ii)(A) of this section, you also must document that,

[[Page 14]]

during the destruction and removal efficiency (DRE) test runs or their 
equivalent as provided by Sec. 63.1206(b)(7), hydrocarbons in the main 
stack do not exceed 20 parts per million by volume during those runs, 
over an hourly rolling average (monitored continuously with a continuous 
emissions monitoring system), dry basis, corrected to 7 percent oxygen, 
and reported as propane.
    (6) Hydrochloric acid and chlorine gas in excess of 130 parts per 
million by volume, combined emissions, expressed as hydrochloric acid 
equivalents, dry basis, corrected to 7 percent oxygen; and
    (7) Particulate matter in excess of 0.15 kg/Mg dry feed and opacity 
greater than 20 percent.
    (i) You must use suitable methods to determine the kiln raw material 
feedrate.
    (ii) Except as provided in paragraph (a)(7)(iii) of this section, 
you must compute the particulate matter emission rate, E, from the 
following equation:

E=(CsxQsd)/P

Where:

E=emission rate of particulate matter, kg/Mg of kiln raw material feed;
Cs=concentration of particulate matter, kg/dscm;
Qsd=volumetric flowrate of effluent gas, dscm/hr; and
P=total kiln raw material feed (dry basis), Mg/hr.

    (iii) If you operate a preheater or preheater/precalciner kiln with 
dual stacks, you must test simultaneously and compute the combined 
particulate matter emission rate, Ec, from the following 
equation:

Ec=(CskxQsdk+CsbxQsdb
    )/P

Where:

Ec=the combined emission rate of particulate matter from the 
kiln and bypass stack, kg/Mg of kiln raw material feed;
Csk=concentration of particulate matter in the kiln effluent, 
kg/dscm;
Qsdk=volumetric flowrate of kiln effluent gas, dscm/hr;
Csb=concentration of particulate matter in the bypass stack 
effluent, kg/dscm;
Qsdb=volumetric flowrate of bypass stack effluent gas, dscm/
hr; and
P = total kiln raw material feed (dry basis), Mg/hr.

    (b) Emission limits for new sources. You must not discharge or cause 
combustion gases to be emitted into the atmosphere that contain:
    (1) For dioxins and furans:
    (i) Emissions in excess of 0.20 ng TEQ/dscm corrected to 7 percent 
oxygen; or
    (ii) Emissions in excess of 0.40 ng TEQ/dscm corrected to 7 percent 
oxygen provided that the combustion gas temperature at the inlet to the 
initial dry particulate matter control device is 400 F or lower based 
on the average of the test run average temperatures;
    (2) Mercury in excess of 120 [mu]g/dscm corrected to 7 percent 
oxygen;
    (3) Lead and cadmium in excess of 180 [mu]g/dscm, combined 
emissions, corrected to 7 percent oxygen;
    (4) Arsenic, beryllium, and chromium in excess of 54 [mu]g/dscm, 
combined emissions, corrected to 7 percent oxygen;
    (5) Carbon monoxide and hydrocarbons. (i) For kilns equipped with a 
by-pass duct or midkiln gas sampling system, carbon monoxide and 
hydrocarbons emissions are limited in both the bypass duct or midkiln 
gas sampling system and the main stack as follows:
    (A) Emissions in the by-pass or midkiln gas sampling system are 
limited to either:
    (1) Carbon monoxide in excess of 100 parts per million by volume, 
over an hourly rolling average (monitored continuously with a continuous 
emissions monitoring system), dry basis and corrected to 7 percent 
oxygen. If you elect to comply with this carbon monoxide standard rather 
than the hydrocarbon standard under paragraph (b)(5)(i)(A)(2) of this 
section, you also must document that, during the destruction and removal 
efficiency (DRE) test runs or their equivalent as provided by Sec. 
63.1206(b)(7), hydrocarbons do not exceed 10 parts per million by volume 
during those runs, over an hourly rolling average (monitored 
continuously with a continuous emissions monitoring system), dry basis, 
corrected to 7 percent oxygen, and reported as propane; or
    (2) Hydrocarbons in the by-pass duct or midkiln gas sampling system 
in excess of 10 parts per million by volume, over an hourly rolling 
average (monitored continuously with a continuous emissions monitoring 
system), dry

[[Page 15]]

basis, corrected to 7 percent oxygen, and reported as propane; and
    (B) Hydrocarbons in the main stack are limited, if construction of 
the kiln commenced after April 19, 1996 at a plant site where a cement 
kiln (whether burning hazardous waste or not) did not previously exist, 
to 50 parts per million by volume, over a 30-day block average 
(monitored continuously with a continuous monitoring system), dry basis, 
corrected to 7 percent oxygen, and reported as propane.
    (ii) For kilns not equipped with a by-pass duct or midkiln gas 
sampling system, hydrocarbons and carbon monoxide are limited in the 
main stack to either:
    (A) Hydrocarbons not exceeding 20 parts per million by volume, over 
an hourly rolling average (monitored continuously with a continuous 
emissions monitoring system), dry basis, corrected to 7 percent oxygen, 
and reported as propane; or
    (B)(1) Carbon monoxide not exceeding 100 parts per million by 
volume, over an hourly rolling average (monitored continuously with a 
continuous emissions monitoring system), dry basis, corrected to 7 
percent oxygen; and
    (2) Hydrocarbons not exceeding 20 parts per million by volume, over 
an hourly rolling average (monitored continuously with a continuous 
monitoring system), dry basis, corrected to 7 percent oxygen, and 
reported as propane at any time during the destruction and removal 
efficiency (DRE) test runs or their equivalent as provided by Sec. 
63.1206(b)(7); and
    (3) If construction of the kiln commenced after April 19, 1996 at a 
plant site where a cement kiln (whether burning hazardous waste or not) 
did not previously exist, hydrocarbons are limited to 50 parts per 
million by volume, over a 30-day block average (monitored continuously 
with a continuous monitoring system), dry basis, corrected to 7 percent 
oxygen, and reported as propane.
    (6) Hydrochloric acid and chlorine gas in excess of 86 parts per 
million, combined emissions, expressed as hydrochloric acid equivalents, 
dry basis and corrected to 7 percent oxygen; and
    (7) Particulate matter in excess of 0.15 kg/Mg dry feed and opacity 
greater than 20 percent.
    (i) You must use suitable methods to determine the kiln raw material 
feedrate.
    (ii) Except as provided in paragraph (a)(7)(iii) of this section, 
you must compute the particulate matter emission rate, E, from the 
equation specified in paragraph (a)(7)(ii) of this section.
    (iii) If you operate a preheater or preheater/precalciner kiln with 
dual stacks, you must test simultaneously and compute the combined 
particulate matter emission rate, Ec, from the equation 
specified in paragraph (a)(7)(iii) of this section.
    (c) Destruction and removal efficiency (DRE) standard. (1) 99.99% 
DRE. Except as provided in paragraph (c)(2) of this section, you must 
achieve a destruction and removal efficiency (DRE) of 99.99% for each 
principle organic hazardous constituent (POHC) designated under 
paragraph (c)(3) of this section. You must calculate DRE for each POHC 
from the following equation:

DRE=[1-(Wout/Win)]x100%

Where:

Win=mass feedrate of one principal organic hazardous 
constituent (POHC) in a waste feedstream; and
Wout=mass emission rate of the same POHC present in exhaust 
emissions prior to release to the atmosphere.

    (2) 99.9999% DRE. If you burn the dioxin-listed hazardous wastes 
F020, F021, F022, F023, F026, or F027 (see Sec. 261.31 of this chapter), 
you must achieve a destruction and removal efficiency (DRE) of 99.9999% 
for each principle organic hazardous constituent (POHC) that you 
designate under paragraph (c)(3) of this section. You must demonstrate 
this DRE performance on POHCs that are more difficult to incinerate than 
tetra-, penta-, and hexachlorodibenzo-p-dioxins and dibenzofurans. You 
must use the equation in paragraph (c)(1) of this section to calculate 
DRE for each POHC. In addition, you must notify the Administrator of 
your intent to incinerate hazardous wastes F020, F021, F022, F023, F026, 
or F027.

[[Page 16]]

    (3) Principal organic hazardous constituents (POHCs). (i) You must 
treat the Principal Organic Hazardous Constituents (POHCs) in the waste 
feed that you specify under paragraph (c)(3)(ii) of this section to the 
extent required by paragraphs (c)(1) and (c)(2) of this section.
    (ii) You must specify one or more POHCs from the list of hazardous 
air pollutants established by 42 U.S.C. 7412(b)(1), excluding 
caprolactam (CAS number 105602) as provided by Sec. 63.60, for each waste 
to be burned. You must base this specification on the degree of 
difficulty of incineration of the organic constituents in the waste and 
on their concentration or mass in the waste feed, considering the 
results of waste analyses or other data and information.
    (d) Cement kilns with in-line kiln raw mills. (1) General. (i) You 
must conduct performance testing when the raw mill is on-line and when 
the mill is off-line to demonstrate compliance with the emission 
standards, and you must establish separate operating parameter limits 
under Sec. 63.1209 for each mode of operation, except as provided by 
paragraph (d)(1)(iv) of this section.
    (ii) You must document in the operating record each time you change 
from one mode of operation to the alternate mode and begin complying 
with the operating parameter limits for that alternate mode of 
operation.
    (iii) You must calculate rolling averages for operating parameter 
limits as provided by Sec. 63.1209(q)(2).
    (iv) If your in-line kiln raw mill has dual stacks, you may assume 
that the dioxin/furan emission levels in the by-pass stack and the 
operating parameter limits determined during performance testing of the 
by-pass stack when the raw mill is off-line are the same as when the 
mill is on-line.
    (2) Emissions averaging. You may comply with the mercury, 
semivolatile metal, low volatile metal, and hydrochloric acid/chlorine 
gas emission standards on a time-weighted average basis under the 
following procedures:
    (i) Averaging methodology. You must calculate the time-weighted 
average emission concentration with the following equation:

Ctotal={Cmill-offx(Tmill-off/
    (Tmill-off+Tmill-on 
    ))}+Cmill-onx(Tmill-on /
    (Tmill-off+Tmill-on))}

Where:

Ctotal=time-weighted average concentration of a regulated 
constituent considering both raw mill on time and off time;
Cmill-off=average performance test concentration of regulated 
constituent with the raw mill off-line;
Cmill-on=average performance test concentration of regulated 
constituent with the raw mill on-line;
Tmill-off=time when kiln gases are not routed through the raw 
mill; and
Tmill-on=time when kiln gases are routed through the raw 
mill.

    (ii) Compliance. (A) If you use this emission averaging provision, 
you must document in the operating record compliance with the emission 
standards on an annual basis by using the equation provided by paragraph 
(d)(2) of this section.
    (B) Compliance is based on one-year block averages beginning on the 
day you submit the initial notification of compliance.
    (iii) Notification. (A) If you elect to document compliance with one 
or more emission standards using this emission averaging provision, you 
must notify the Administrator in the initial comprehensive performance 
test plan submitted under Sec. 63.1207(e).
    (B) You must include historical raw mill operation data in the 
performance test plan to estimate future raw mill down-time and document 
in the performance test plan that estimated emissions and estimated raw 
mill down-time will not result in an exceedance of an emission standard 
on an annual basis.
    (C) You must document in the notification of compliance submitted 
under Sec. 63.1207(j) that an emission standard will not be exceeded based 
on the documented emissions from the performance test and predicted raw 
mill down-time.
    (e) Preheater or preheater/precalciner kilns with dual stacks. (1) 
General. You must conduct performance testing on each stack to 
demonstrate compliance with the emission standards, and you must 
establish operating parameter limits under Sec. 63.1209 for each stack, 
except as provided by paragraph (d)(1)(iv) of this section for dioxin/
furan emissions testing and operating parameter

[[Page 17]]

limits for the by-pass stack of in-line raw mills.
    (2) Emissions averaging. You may comply with the mercury, 
semivolatile metal, low volatile metal, and hydrochloric acid/chlorine 
gas emission standards specified in this section on a gas flowrate-
weighted average basis under the following procedures:
    (i) Averaging methodology. You must calculate the gas flowrate-
weighted average emission concentration using the following equation:

Ctot = {Cmain x (Qmain /
(Qmain + Qbypass))} + 
{Cbypassx(Qbypass / (Qmain + 
Qbypass))}
Where:

Ctot = gas flowrate-weighted average concentration of the 
regulated constituent;
Cmain = average performance test concentration demonstrated 
in the main stack;
Cbypass = average performance test concentration demonstrated 
in the bypass stack;
Qmain = volumetric flowrate of main stack effluent gas; and
Qbypass = volumetric flowrate of bypass effluent gas.

    (ii) Compliance. (A) You must demonstrate compliance with the 
emission standard(s) using the emission concentrations determined from 
the performance tests and the equation provided by paragraph (e)(1) of 
this section; and
    (B) You must develop operating parameter limits for bypass stack and 
main stack flowrates that ensure the emission concentrations calculated 
with the equation in paragraph (e)(1) of this section do not exceed the 
emission standards on a 12-hour rolling average basis. You must include 
these flowrate limits in the Notification of Compliance.
    (iii) Notification. If you elect to document compliance under this 
emissions averaging provision, you must:
    (A) Notify the Administrator in the initial comprehensive 
performance test plan submitted under Sec. 63.1207(e). The performance test 
plan must include, at a minimum, information describing the flowrate 
limits established under paragraph (e)(2)(ii)(B) of this section; and
    (B) Document in the Notification of Compliance submitted under Sec. 
63.1207(j) the demonstrated gas flowrate-weighted average emissions that 
you calculate with the equation provided by paragraph (e)(2) of this 
section.
    (f) Significant figures. The emission limits provided by paragraphs 
(a) and (b) of this section are presented with two significant figures. 
Although you must perform intermediate calculations using at least three 
significant figures, you may round the resultant emission levels to two 
significant figures to document compliance.
    (g) [Reserved]
    (h) When you comply with the particulate matter requirements of 
paragraphs (a)(7) or (b)(7) of this section, you are exempt from the New 
Source Performance Standard for particulate matter and opacity under Sec. 
60.60 of this chapter.

[67 FR 6809, Feb. 13, 2002, as amended at 67 FR 6987, Feb. 14, 2002]