[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: 40CFR266.106]



[Page 37-41]

 

                   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.  266.106  Standards to control metals emissions.



    (a) General. The owner or operator must comply with the metals 

standards provided by paragraphs (b), (c), (d), (e), or (f) of this 

section for each metal listed in paragraph (b) of this section that is 

present in the hazardous waste at detectable levels by using appropriate 

analytical procedures.

    (b) Tier I feed rate screening limits. Feed rate screening limits 

for metals are specified in appendix I of this part as a function of 

terrain-adjusted effective stack height and terrain and land use in the 

vicinity of the facility. Criteria for facilities that are not eligible 

to comply with the screening limits are provided in paragraph (b)(7) of 

this section.

    (1) Noncarcinogenic metals. The feed rates of antimony, barium, 

lead, mercury, thallium, and silver in all feed streams, including 

hazardous waste, fuels, and industrial furnace feed stocks shall not 

exceed the screening limits specified in appendix I of this part.

    (i) The feed rate screening limits for antimony, barium, mercury, 

thallium, and silver are based on either:

    (A) An hourly rolling average as defined in Sec.  

266.102(e)(6)(i)(B); or

    (B) An instantaneous limit not to be exceeded at any time.

    (ii) The feed rate screening limit for lead is based on one of the 

following:

    (A) An hourly rolling average as defined in Sec.  

266.102(e)(6)(i)(B);

    (B) An averaging period of 2 to 24 hours as defined in Sec.  

266.102(e)(6)(ii) with an instantaneous feed rate limit not to exceed 10 

times the feed rate that would be allowed on an hourly rolling average 

basis; or

    (C) An instantaneous limit not to be exceeded at any time.

    (2) Carcinogenic metals. (i) The feed rates of arsenic, cadmium, 

beryllium, and chromium in all feed streams, including hazardous waste, 

fuels, and industrial furnace feed stocks shall not exceed values 

derived from the screening limits specified in appendix I of this part. 

The feed rate of each of these metals is limited to a level such that 

the sum of the ratios of the actual feed rate to the feed rate screening 

limit specified in appendix I shall not exceed 1.0, as provided by the 

following equation:

[GRAPHIC] [TIFF OMITTED] TC06NO91.001



where:



n=number of carcinogenic metals

AFR=actual feed rate to the device for metal ``i''

FRSL=feed rate screening limit provided by appendix I of this part for 

metal ``i''.



    (ii) The feed rate screening limits for the carcinogenic metals are 

based on either:

    (A) An hourly rolling average; or

    (B) An averaging period of 2 to 24 hours as defined in Sec.  

266.102(e)(6)(ii) with an instantaneous feed rate limit not to exceed 10 

times the feed rate that would be allowed on an hourly rolling average 

basis.

    (3) TESH. (i) The terrain-adjusted effective stack height is 

determined according to the following equation:



TESH=Ha+H1-Tr



where:



Ha=Actual physical stack height

H1=Plume rise as determined from appendix VI of this part as a function 

of stack flow rate and stack gas exhaust temperature.

Tr=Terrain rise within five kilometers of the stack.



    (ii) The stack height (Ha) may not exceed good engineering practice 

as specified in 40 CFR 51.100(ii).

    (iii) If the TESH for a particular facility is not listed in the 

table in the appendices, the nearest lower TESH listed in the table 

shall be used. If the TESH is four meters or less, a value of four 

meters shall be used.

    (4) Terrain type. The screening limits are a function of whether the 

facility is located in noncomplex or complex terrain. A device located 

where any part of the surrounding terrain within 5 kilometers of the 

stack equals or exceeds the elevation of the physical stack height (Ha) 

is considered to be in complex terrain and the screening limits for 

complex terrain apply. Terrain measurements are to be made from U.S. 

Geological Survey 7.5-minute topographic maps of the area surrounding 

the facility.



[[Page 38]]



    (5) Land use. The screening limits are a function of whether the 

facility is located in an area where the land use is urban or rural. To 

determine whether land use in the vicinity of the facility is urban or 

rural, procedures provided in appendices IX or X of this part shall be 

used.

    (6) Multiple stacks. Owners and operators of facilities with more 

than one on-site stack from a boiler, industrial furnace, incinerator, 

or other thermal treatment unit subject to controls of metals emissions 

under a RCRA operating permit or interim status controls must comply 

with the screening limits for all such units assuming all hazardous 

waste is fed into the device with the worst-case stack based on 

dispersion characteristics. The worst-case stack is determined from the 

following equation as applied to each stack:



K=HVT



Where:



K=a parameter accounting for relative influence of stack height and 

plume rise;

H=physical stack height (meters);

V=stack gas flow rate (m\3\/second); and

T=exhaust temperature ([deg]K).

The stack with the lowest value of K is the worst-case stack.



    (7) Criteria for facilities not eligible for screening limits. If 

any criteria below are met, the Tier I and Tier II screening limits do 

not apply. Owners and operators of such facilities must comply with 

either the Tier III standards provided by paragraph (d) of this section 

or with the adjusted Tier I feed rate screening limits provided by 

paragraph (e) of this section.

    (i) The device is located in a narrow valley less than one kilometer 

wide;

    (ii) The device has a stack taller than 20 meters and is located 

such that the terrain rises to the physical height within one kilometer 

of the facility;

    (iii) The device has a stack taller than 20 meters and is located 

within five kilometers of a shoreline of a large body of water such as 

an ocean or large lake;

    (iv) The physical stack height of any stack is less than 2.5 times 

the height of any building within five building heights or five 

projected building widths of the stack and the distance from the stack 

to the closest boundary is within five building heights or five 

projected building widths of the associated building; or

    (v) The Director determines that standards based on site-specific 

dispersion modeling are required.

    (8) Implementation. The feed rate of metals in each feedstream must 

be monitored to ensure that the feed rate screening limits are not 

exceeded.

    (c) Tier II emission rate screening limits. Emission rate screening 

limits are specified in appendix I as a function of terrain-adjusted 

effective stack height and terrain and land use in the vicinity of the 

facility. Criteria for facilities that are not eligible to comply with 

the screening limits are provided in paragraph (b)(7) of this section.

    (1) Noncarcinogenic metals. The emission rates of antimony, barium, 

lead, mercury, thallium, and silver shall not exceed the screening 

limits specified in appendix I of this part.

    (2) Carcinogenic metals. The emission rates of arsenic, cadmium, 

beryllium, and chromium shall not exceed values derived from the 

screening limits specified in appendix I of this part. The emission rate 

of each of these metals is limited to a level such that the sum of the 

ratios of the actual emission rate to the emission rate screening limit 

specified in appendix I shall not exceed 1.0, as provided by the 

following equation:

[GRAPHIC] [TIFF OMITTED] TC06NO91.002



where:



n=number of carcinogenic metals

AER=actual emission rate for metal ``i''

ERSL=emission rate screening limit provided by appendix I of this part 

for metal ``i''.



    (3) Implementation. The emission rate limits must be implemented by 

limiting feed rates of the individual metals to levels during the trial 

burn (for new facilities or an interim status facility applying for a 

permit) or the compliance test (for interim status facilities). The feed 

rate averaging periods are the same as provided by paragraphs (b)(1)(i) 

and (ii) and (b)(2)(ii) of this section. The feed rate of metals in each 

feedstream must be monitored to ensure that the feed rate limits for the



[[Page 39]]



feedstreams specified under Sec. Sec.  266.102 or 266.103 are not 

exceeded.

    (4) Definitions and limitations. The definitions and limitations 

provided by paragraph (b) of this section for the following terms also 

apply to the Tier II emission rate screening limits provided by 

paragraph (c) of this section: terrain-adjusted effective stack height, 

good engineering practice stack height, terrain type, land use, and 

criteria for facilities not eligible to use the screening limits.

    (5) Multiple stacks. (i) Owners and operators of facilities with 

more than one onsite stack from a boiler, industrial furnace, 

incinerator, or other thermal treatment unit subject to controls on 

metals emissions under a RCRA operating permit or interim status 

controls must comply with the emissions screening limits for any such 

stacks assuming all hazardous waste is fed into the device with the 

worst-case stack based on dispersion characteristics.

    (ii) The worst-case stack is determined by procedures provided in 

paragraph (b)(6) of this section.

    (iii) For each metal, the total emissions of the metal from those 

stacks shall not exceed the screening limit for the worst-case stack.

    (d) Tier III and Adjusted Tier I site-specific risk assessment. The 

requirements of this paragraph apply to facilities complying with either 

the Tier III or Adjusted Tier I controls, except where specified 

otherwise.

    (1) General. Conformance with the Tier III metals controls must be 

demonstrated by emissions testing to determine the emission rate for 

each metal. In addition, conformance with either the Tier III or 

Adjusted Tier I metals controls must be demonstrated by air dispersion 

modeling to predict the maximum annual average off-site ground level 

concentration for each dispersion modeling to predict the maximum annual 

average off-site ground level concentration for each metal, and a 

demonstration that acceptable ambient levels are not exceeded.

    (2) Acceptable ambient levels. Appendices IV and V of this part list 

the acceptable ambient levels for purposes of this rule. Reference air 

concentrations (RACs) are listed for the noncarcinogenic metals and 

10-5 risk-specific doses (RSDs) are listed for the 

carcinogenic metals. The RSD for a metal is the acceptable ambient level 

for that metal provided that only one of the four carcinogenic metals is 

emitted. If more than one carcinogenic metal is emitted, the acceptable 

ambient level for the carcinogenic metals is a fraction of the RSD as 

described in paragraph (d)(3) of this section.

    (3) Carcinogenic metals. For the carcinogenic metals, arsenic, 

cadmium, beryllium, and chromium, the sum of the ratios of the predicted 

maximum annual average off-site ground level concentrations (except that 

on-site concentrations must be considered if a person resides on site) 

to the risk-specific dose (RSD) for all carcinogenic metals emitted 

shall not exceed 1.0 as determined by the following equation:

[GRAPHIC] [TIFF OMITTED] TC06NO91.003



where: n=number of carcinogenic metals



    (4) Noncarcinogenic metals. For the noncarcinogenic metals, the 

predicted maximum annual average off-site ground level concentration for 

each metal shall not exceed the reference air concentration (RAC).

    (5) Multiple stacks. Owners and operators of facilities with more 

than one on-site stack from a boiler, industrial furnace, incinerator, 

or other thermal treatment unit subject to controls on metals emissions 

under a RCRA operating permit or interim status controls must conduct 

emissions testing (except that facilities complying with Adjusted Tier I 

controls need not conduct emissions testing) and dispersion modeling to 

demonstrate that the aggregate emissions from all such on-site stacks



[[Page 40]]



do not result in an exceedance of the acceptable ambient levels.

    (6) Implementation. Under Tier III, the metals controls must be 

implemented by limiting feed rates of the individual metals to levels 

during the trial burn (for new facilities or an interim status facility 

applying for a permit) or the compliance test (for interim status 

facilities). The feed rate averaging periods are the same as provided by 

paragraphs (b)(1) (i) and (ii) and (b)(2)(ii) of this section. The feed 

rate of metals in each feedstream must be monitored to ensure that the 

feed rate limits for the feedstreams specified under Sec. Sec.  266.102 

or 266.103 are not exceeded.

    (e) Adjusted Tier I feed rate screening limits. The owner or 

operator may adjust the feed rate screening limits provided by appendix 

I of this part to account for site-specific dispersion modeling. Under 

this approach, the adjusted feed rate screening limit for a metal is 

determined by back-calculating from the acceptable ambient level 

provided by appendices IV and V of this part using dispersion modeling 

to determine the maximum allowable emission rate. This emission rate 

becomes the adjusted Tier I feed rate screening limit. The feed rate 

screening limits for carcinogenic metals are implemented as prescribed 

in paragraph (b)(2) of this section.

    (f) Alternative implementation approaches. (1) The Director may 

approve on a case-by-case basis approaches to implement the Tier II or 

Tier III metals emission limits provided by paragraphs (c) or (d) of 

this section alternative to monitoring the feed rate of metals in each 

feedstream.

    (2) The emission limits provided by paragraph (d) of this section 

must be determined as follows:

    (i) For each noncarcinogenic metal, by back-calculating from the RAC 

provided in appendix IV of this part to determine the allowable emission 

rate for each metal using the dilution factor for the maximum annual 

average ground level concentration predicted by dispersion modeling in 

conformance with paragraph (h) of this section; and

    (ii) For each carcinogenic metal by:

    (A) Back-calculating from the RSD provided in appendix V of this 

part to determine the allowable emission rate for each metal if that 

metal were the only carcinogenic metal emitted using the dilution factor 

for the maximum annual average ground level concentration predicted by 

dispersion modeling in conformance with paragraph (h) of this section; 

and

    (B) If more than one carcinogenic metal is emitted, selecting an 

emission limit for each carcinogenic metal not to exceed the emission 

rate determined by paragraph (f)(2)(ii)(A) of this section such that the 

sum for all carcinogenic metals of the ratios of the selected emission 

limit to the emission rate determined by that paragraph does not exceed 

1.0.

    (g) Emission testing--(1) General. Emission testing for metals shall 

be conducted using Method 0060, Determinations of Metals in Stack 

Emissions, EPA Publication SW-846, as incorporated by reference in Sec.  

260.11 of this chapter.

    (2) Hexavalent chromium. Emissions of chromium are assumed to be 

hexavalent chromium unless the owner or operator conducts emissions 

testing to determine hexavalent chromium emissions using procedures 

prescribed in Method 0061, Determination of Hexavalent Chromium 

Emissions from Stationary Sources, EPA Publication SW-846, as 

incorporated by reference in Sec.  260.11 of this chapter.

    (h) Dispersion Modeling. Dispersion modeling required under this 

section shall be conducted according to 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. However, on-site concentrations must be considered 

when a person resides on-site.

    (i) 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



[[Page 41]]



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; 57 FR 38565, 

Aug. 25, 1992; 58 FR 38883, July 20, 1993; 62 FR 32463, June 13, 1997; 

70 FR 34588, June 14, 2005]