[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: 40CFR270.22]



[Page 337-340]

 

                   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 kiln, lightweight aggregate 

kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid 

production furnace becomes subject to RCRA permit requirements after 

October 12, 2005, or when an owner or operator of an existing cement 

kiln, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, 

or hydrochloric acid production furnace 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 under Sec. Sec.  63.1207(j) and 

63.1210(d) of this chapter documenting compliance with all applicable 

requirements of part 63, subpart EEE, of this chapter), the requirements 

of this section do not apply. The requirements of this section do apply, 

however, if the Director determines certain provisions are necessary to 

ensure compliance with Sec. Sec.  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; or if you are an area source and elect to comply 

with the Sec. Sec.  266.105, 266.106, and 266.107 standards and 

associated requirements for particulate matter, hydrogen chloride and 

chlorine gas, and non-mercury metals; or the Director determines certain 

provisions apply, on a case-by-case basis, for purposes of information 

collection in accordance with Sec. Sec.  270.10(k), 270.10(l), 

270.32(b)(2), and 270.32(b)(3).

    (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 Sec. Sec.  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 Sec. Sec.  

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



[[Page 338]]



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 Sec. Sec.  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 appropriate analytical techniques.

    (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 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



[[Page 339]]



(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 Sec. Sec.  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 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



[[Page 340]]



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; 67 FR 77692, Dec. 

19, 2002; 70 FR 34590, June 14, 2005; 70 FR 59577, Oct. 12, 2005]