[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: 40CFR266.107]
[Page 41-42]
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. 266.107 Standards to control hydrogen chloride (HCl) and chlorine
gas (Cl[bdi2]) emissions.
(a) General. The owner or operator must comply with the hydrogen
chloride (HCl) and chlorine (Cl2) controls provided by
paragraph (b), (c), or (e) of this section.
(b) Screening limits--(1) Tier I feed rate screening limits. Feed
rate screening limits are specified for total chlorine in appendix II of
this part as a function of terrain-adjusted effective stack height and
terrain and land use in the vicinity of the facility. The feed rate of
total chlorine and chloride, both organic and inorganic, in all feed
streams, including hazardous waste, fuels, and industrial furnace feed
stocks shall not exceed the levels specified.
(2) Tier II emission rate screening limits. Emission rate screening
limits for HCl and Cl2 are specified in appendix III of this
part as a function of terrain-adjusted effective stack height and
terrain and land use in the vicinity of the facility. The stack emission
rates of HCl and Cl2 shall not exceed the levels specified.
(3) Definitions and limitations. The definitions and limitations
provided by Sec. 266.106(b) for the following terms also apply to the
screening limits provided by this paragraph: 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.
(4) 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 HCl or
Cl2 emissions under a RCRA operating permit or interim status
controls must comply with the Tier I and Tier II screening limits for
those stacks assuming all hazardous waste is fed into the device with
the worst-case stack based on dispersion characteristics.
(i) The worst-case stack is determined by procedures provided in
Sec. 266.106(b)(6).
(ii) Under Tier I, the total feed rate of chlorine and chloride to
all subject devices shall not exceed the screening limit for the worst-
case stack.
(iii) Under Tier II, the total emissions of HCl and Cl2
from all subject stacks shall not exceed the screening limit for the
worst-case stack.
(c) Tier III site-specific risk assessments--(1) General.
Conformance with the Tier III controls must be demonstrated by emissions
testing to determine the emission rate for HCl and Cl2, air
dispersion modeling to predict the maximum annual average off-site
ground level concentration for each compound, and a demonstration that
acceptable ambient levels are not exceeded.
(2) Acceptable ambient levels. Appendix IV of this part lists the
reference air concentrations (RACs) for HCl (7 micrograms per cubic
meter) and Cl2 (0.4 micrograms per cubic meter).
(3) 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 HCl or
Cl2 emissions under a RCRA operating permit or interim status
controls must conduct emissions testing and dispersion modeling to
demonstrate that the aggregate emissions from all such on-site stacks do
not result in an exceedance of the acceptable ambient levels for HCl and
Cl2.
(d) Averaging periods. The HCl and Cl2 controls are
implemented by limiting the feed rate of total chlorine and chloride in
all feedstreams, including hazardous waste, fuels, and industrial
furnace feed stocks. Under Tier I, the feed rate of total chloride and
chlorine is limited to the Tier I Screening Limits. Under Tier II and
Tier III, the feed rate of total chloride and chlorine is limited to the
feed rates during the trial burn (for new facilities or an interim
status facility applying for a permit) or the
[[Page 42]]
compliance test (for interim status facilities). The feed rate limits
are based on either:
(1) An hourly rolling average as defined in Sec. 266.102(e)(6); or
(2) An instantaneous basis not to be exceeded at any time.
(e) Adjusted Tier I feed rate screening limits. The owner or
operator may adjust the feed rate screening limit provided by appendix
II of this part to account for site-specific dispersion modeling. Under
this approach, the adjusted feed rate screening limit is determined by
back-calculating from the acceptable ambient level for Cl2
provided by appendix IV 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.
(f) Emissions testing. Emissions testing for HCl and Cl2
shall be conducted using the procedures described in Methods 0050 or
0051, EPA Publication SW-846, as incorporated by reference in Sec.
260.11 of this chapter.
(g) Dispersion modeling. Dispersion modeling shall be conducted
according to the provisions of Sec. 266.106(h).
(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 32690, July 17, 1991; 57 FR 38566,
Aug. 25, 1992; 62 FR 32463, June 13, 1997]