[Code of Federal Regulations]
[Title 40, Volume 26]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR266.104]
[Page 34-36]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 266_STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND
SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES--Table of Contents
Subpart H_Hazardous Waste Burned in Boilers and Industrial Furnaces
Sec. 266.104 Standards to control organic emissions.
(a) DRE standard--(1) General. Except as provided in paragraph
(a)(3) of this section, a boiler or industrial furnace burning hazardous
waste must achieve a destruction and removal efficiency (DRE) of 99.99%
for all organic hazardous constituents in the waste feed. To demonstrate
conformance with this requirement, 99.99% DRE must be demonstrated
during a trial burn for each principal organic hazardous constituent
(POHC) designated (under paragraph (a)(2) of this section) in its permit
for each waste feed. DRE is determined for each POHC from the following
equation:
[GRAPHIC] [TIFF OMITTED] TC06NO91.000
where:
Win= Mass feed rate of one principal organic hazardous
constituent (POHC) in the hazardous waste fired to the boiler or
industrial furnace; and
Wout= Mass emission rate of the same POHC present in stack
gas prior to release to the atmosphere.
(2) Designation of POHCs. Principal organic hazardous constituents
(POHCs) are those compounds for which compliance with the DRE
requirements of this section shall be demonstrated in a trial burn in
conformance with procedures prescribed in Sec. 270.66 of this chapter.
One or more POHCs shall be designated by the Director for each waste
feed to be burned. POHCs shall be designated based on the degree of
difficulty of destruction of the organic constituents in the waste and
on their concentrations or mass in the waste feed considering the
results of waste analyses submitted with part B of the permit
application. POHCs are most likely to be selected from among those
compounds listed in part 261, appendix VIII of this chapter that are
also present in the normal waste feed. However, if the applicant
demonstrates to the Regional Administrator's satisfaction that a
compound not listed in appendix VIII or not present in the normal waste
feed is a suitable indicator of compliance with the DRE requirements of
this section, that compound may be designated as a POHC. Such POHCs need
not be toxic or organic compounds.
(3) Dioxin-listed waste. A boiler or industrial furnace burning
hazardous waste containing (or derived from) EPA Hazardous Wastes Nos.
F020, F021, F022, F023, F026, or F027 must achieve a destruction and
removal efficiency (DRE) of 99.9999% for each POHC designated (under
paragraph (a)(2) of this section) in its permit. This performance must
be demonstrated on POHCs that are more difficult to burn than tetra-,
penta-, and hexachlorodibenzo-p-dioxins and dibenzofurans. DRE is
determined for each POHC from the equation in paragraph (a)(1) of this
section. In addition, the owner or operator of the boiler or industrial
furnace must notify the Director of intent to burn EPA Hazardous Waste
Nos. F020, F021, F022, F023, F026, or F027.
(4) Automatic waiver of DRE trial burn. Owners and operators of
boilers operated under the special operating requirements provided by
Sec. 266.110 are considered to be in compliance with the DRE standard
of paragraph (a)(1) of this section and are exempt from the DRE trial
burn.
(5) Low risk waste. Owners and operators of boilers or industrial
furnaces that burn hazardous waste in compliance with the requirements
of Sec. 266.109(a) are considered to be in compliance with the DRE
standard of paragraph (a)(1) of this section and are exempt from the DRE
trial burn.
(b) Carbon monoxide standard. (1) Except as provided in paragraph
(c) of this section, the stack gas concentration of carbon monoxide (CO)
from a boiler or industrial furnace burning hazardous waste cannot
exceed 100 ppmv on an hourly rolling average basis (i.e., over any 60
minute period), continuously corrected to 7 percent oxygen, dry gas
basis.
(2) CO and oxygen shall be continuously monitored in conformance
with ``Performance Specifications for Continuous Emission Monitoring of
Carbon Monoxide and Oxygen for Incinerators, Boilers, and Industrial
Furnaces Burning Hazardous Waste'' in appendix IX of this part.
(3) Compliance with the 100 ppmv CO limit must be demonstrated
during the
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trial burn (for new facilities or an interim status facility applying
for a permit) or the compliance test (for interim status facilities). To
demonstrate compliance, the highest hourly rolling average CO level
during any valid run of the trial burn or compliance test must not
exceed 100 ppmv.
(c) Alternative carbon monoxide standard. (1) The stack gas
concentration of carbon monoxide (CO) from a boiler or industrial
furnace burning hazardous waste may exceed the 100 ppmv limit provided
that stack gas concentrations of hydrocarbons (HC) do not exceed 20
ppmv, except as provided by paragraph (f) of this section for certain
industrial furnaces.
(2) HC limits must be established under this section on an hourly
rolling average basis (i.e., over any 60 minute period), reported as
propane, and continuously corrected to 7 percent oxygen, dry gas basis.
(3) HC shall be continuously monitored in conformance with
``Performance Specifications for Continuous Emission Monitoring of
Hydrocarbons for Incinerators, Boilers, and Industrial Furnaces Burning
Hazardous Waste'' in appendix IX of this part. CO and oxygen shall be
continuously monitored in conformance with paragraph (b)(2) of this
section.
(4) The alternative CO standard is established based on CO data
during the trial burn (for a new facility) and the compliance test (for
an interim status facility). The alternative CO standard is the average
over all valid runs of the highest hourly average CO level for each run.
The CO limit is implemented on an hourly rolling average basis, and
continuously corrected to 7 percent oxygen, dry gas basis.
(d) Special requirements for furnaces. Owners and operators of
industrial furnaces (e.g., kilns, cupolas) that feed hazardous waste for
a purpose other than solely as an ingredient (see Sec.
266.103(a)(5)(ii)) at any location other than the end where products are
normally discharged and where fuels are normally fired must comply with
the hydrocarbon limits provided by paragraphs (c) or (f) of this section
irrespective of whether stack gas CO concentrations meet the 100 ppmv
limit of paragraph (b) of this section.
(e) Controls for dioxins and furans. Owners and operators of boilers
and industrial furnaces that are equipped with a dry particulate matter
control device that operates within the temperature range of 450-750
[deg]F, and industrial furnaces operating under an alternative
hydrocarbon limit established under paragraph (f) of this section must
conduct a site-specific risk assessment as follows to demonstrate that
emissions of chlorinated dibenzo-p-dioxins and dibenzofurans do not
result in an increased lifetime cancer risk to the hypothetical maximum
exposed individual (MEI) exceeding 1 in 100,000:
(1) During the trial burn (for new facilities or an interim status
facility applying for a permit) or compliance test (for interim status
facilities), determine emission rates of the tetra-octa congeners of
chlorinated dibenzo-p-dioxins and dibenzofurans (CDDs/CDFs) using Method
0023A, Sampling Method for Polychlorinated Dibenzo-p-Dioxins and
Polychlorinated Dibenzofurans Emissions from Stationary Sources, EPA
Publication SW-846, as incorporated by reference in Sec. 260.11 of this
chapter.
(2) Estimate the 2,3,7,8-TCDD toxicity equivalence of the tetra-octa
CDDs/CDFs congeners using ``Procedures for Estimating the Toxicity
Equivalence of Chlorinated Dibenzo-p-Dioxin and Dibenzofuran Congeners''
in appendix IX of this part. Multiply the emission rates of CDD/CDF
congeners with a toxicity equivalence greater than zero (see the
procedure) by the calculated toxicity equivalence factor to estimate the
equivalent emission rate of 2,3,7,8-TCDD;
(3) Conduct dispersion modeling using methods recommended in
appendix W of part 51 of this chapter (``Guideline on Air Quality Models
(Revised)'' (1986) and its supplements), the ``Hazardous Waste
Combustion Air Quality Screening Procedure'', provided in appendix IX of
this part, or in Screening Procedures for Estimating the Air Quality
Impact of Stationary Sources, Revised (incorporated by reference in
Sec. 260.11) to predict the maximum annual average off-site ground
level concentration of 2,3,7,8-TCDD
[[Page 36]]
equivalents determined under paragraph (e)(2) of this section. The
maximum annual average concentration must be used when a person resides
on-site; and
(4) The ratio of the predicted maximum annual average ground level
concentration of 2,3,7,8-TCDD equivalents to the risk-specific dose for
2,3,7,8-TCDD provided in appendix V of this part (2.2x10-7)
shall not exceed 1.0.
(f) Monitoring CO and HC in the by-pass duct of a cement kiln.
Cement kilns may comply with the carbon monoxide and hydrocarbon limits
provided by paragraphs (b), (c), and (d) of this section by monitoring
in the by-pass duct provided that:
(1) Hazardous waste is fired only into the kiln and not at any
location downstream from the kiln exit relative to the direction of gas
flow; and
(2) The by-pass duct diverts a minimum of 10% of kiln off-gas into
the duct.
(g) Use of emissions test data to demonstrate compliance and
establish operating limits. Compliance with the requirements of this
section must be demonstrated simultaneously by emissions testing or
during separate runs under identical operating conditions. Further, data
to demonstrate compliance with the CO and HC limits of this section or
to establish alternative CO or HC limits under this section must be
obtained during the time that DRE testing, and where applicable, CDD/CDF
testing under paragraph (e) of this section and comprehensive organic
emissions testing under paragraph (f) is conducted.
(h) Enforcement. For the purposes of permit enforcement, compliance
with the operating requirements specified in the permit (under Sec.
266.102) will be regarded as compliance with this section. However,
evidence that compliance with those permit conditions is insufficient to
ensure compliance with the requirements of this section may be
``information'' justifying modification or revocation and re-issuance of
a permit under Sec. 270.41 of this chapter.
[56 FR 7208, Feb. 21, 1991; 56 FR 32689, July 17, 1991, as amended at 57
FR 38565, Aug. 25, 1992; 58 FR 38883, July 20, 1993; 60 FR 33914, June
29, 1995; 62 FR 32463, June 13, 1997]