[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: 40CFR270.62]
[Page 364-367]
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 F_Special Forms of Permits
Sec. 270.62 Hazardous waste incinerator permits.
When an owner or operator of a hazardous waste incineration unit
becomes subject to RCRA permit requirements after October 12, 2005, or
when an owner or operator of an existing hazardous waste incineration
unit 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, except those provisions the Director determines are
necessary to ensure compliance with Sec. Sec. 264.345(a) and 264.345(c)
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. Nevertheless, the Director may apply the provisions
of this section, 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) For the purposes of determining operational readiness following
completion of physical construction, the Director must establish permit
conditions, including but not limited to allowable waste feeds and
operating conditions, in the permit to a new hazardous waste
incinerator. These permit conditions will be effective for the minimum
time required to bring the incinerator to a point of operational
readiness to conduct a trial burn, not to exceed 720 hours operating
time for treatment of hazardous waste. The Director may extend the
duration of this operational period once, for up to 720 additional
hours, at the request of the applicant when good cause is shown. The
permit may be modified to reflect the extension according to Sec.
270.42 of this chapter.
(1) Applicants must submit a statement, with part B of the permit
application, which suggests the conditions necessary to operate in
compliance with the performance standards of Sec. 264.343 of this
chapter during this period. This statement should include, at a minimum,
restrictions on waste constituents, waste feed rates and the operating
parameters identified in Sec. 264.345 of this chapter.
(2) The Director will review this statement and any other relevant
information submitted with part B of the permit application and specify
requirements for this period sufficient to meet the performance
standards of Sec. 264.343 of this chapter based on his engineering
judgment.
[[Page 365]]
(b) For the purposes of determining feasibility of compliance with
the performance standards of Sec. 264.343 of this chapter and of
determining adequate operating conditions under Sec. 264.345 of this
chapter, the Director must establish conditions in the permit for a new
hazardous waste incinerator to be effective during the trial burn.
(1) Applicants must propose a trial burn plan, prepared under
paragraph (b)(2) of this section with a part B of the permit
application.
(2) The trial burn plan must include the following information:
(i) An analysis of each waste or mixture of wastes to be burned
which includes:
(A) Heat value of the waste in the form and composition in which it
will be burned.
(B) Viscosity (if applicable), or description of the physical form
of the waste.
(C) An identification of any hazardous organic constituents listed
in part 261, appendix VIII of this chapter, which are present in the
waste to be burned, except that the applicant need not analyze for
constituents listed in part 261, appendix VIII, of this chapter which
would reasonably not be expected to be found in the waste. The
constituents excluded from analysis must be identified, and the basis
for the exclusion stated. The waste analysis must rely on appropriate
analytical techniques.
(D) An approximate quantification of the hazardous constituents
identified in the waste, within the precision produced by appropriate
analytical methods.
(ii) A detailed engineering description of the incinerator for which
the permit is sought including:
(A) Manufacturer's name and model number of incinerator (if
available).
(B) Type of incinerator.
(C) Linear dimensions of the incinerator unit including the cross
sectional area of combustion chamber.
(D) Description of the auxiliary fuel system (type/feed).
(E) Capacity of prime mover.
(F) Description of automatic waste feed cut-off system(s).
(G) Stack gas monitoring and pollution control equipment.
(H) Nozzle and burner design.
(I) Construction materials.
(J) Location and description of temperature, pressure, and flow
indicating and control devices.
(iii) A detailed description of sampling and monitoring procedures,
including sampling and monitoring locations in the system, the equipment
to be used, sampling and monitoring frequency, and planned analytical
procedures for sample analysis.
(iv) A detailed test schedule for each waste for which the trial
burn is planned including date(s), duration, quantity of waste to be
burned, and other factors relevant to the Director's decision under
paragraph (b)(5) of this section.
(v) A detailed test protocol, including, for each waste identified,
the ranges of temperature, waste feed rate, combustion gas velocity, use
of auxiliary fuel, and any other relevant parameters that will be varied
to affect the destruction and removal efficiency of the incinerator.
(vi) A description of, and planned operating conditions for, any
emission control equipment which will be used.
(vii) Procedures for rapidly stopping waste feed, shutting down the
incinerator, and controlling emissions in the event of an equipment
malfunction.
(viii) Such other information as the Director reasonably finds
necessary to determine whether to approve the trial burn plan in light
of the purposes of this paragraph and the criteria in paragraph (b)(5)
of this section.
(3) The Director, in reviewing the trial burn plan, shall evaluate
the sufficiency of the information provided and may require the
applicant to supplement this information, if necessary, to achieve the
purposes of this paragraph.
(4) Based on the waste analysis data in the trial burn plan, the
Director will specify as trial Principal Organic Hazardous Constituents
(POHCs), those constituents for which destruction and removal
efficiencies must be calculated during the trial burn. These trial POHCs
will be specified by the Director based on his estimate of the
difficulty of incineration of the constituents identified in the waste
analysis, their concentration or mass in the waste
[[Page 366]]
feed, and, for wastes listed in part 261, subpart D, of this chapter,
the hazardous waste organic constituent or constituents identified in
appendix VII of that part as the basis for listing.
(5) The Director shall approve a trial burn plan if he finds that:
(i) The trial burn is likely to determine whether the incinerator
performance standard required by Sec. 264.343 of this chapter can be
met;
(ii) The trial burn itself will not present an imminent hazard to
human health or the environment;
(iii) The trial burn will help the Director to determine operating
requirements to be specified under Sec. 264.345 of this chapter; and
(iv) The information sought in paragraphs (b)(5) (i) and (ii) of
this section cannot reasonably be developed through other means.
(6) The Director must send a notice to all persons on the facility
mailing list as set forth in 40 CFR 124.10(c)(1)(ix) and to the
appropriate units of State and local government as set forth in 40 CFR
124.10(c)(1)(x) announcing the scheduled commencement and completion
dates for the trial burn. The applicant may not commence the trial burn
until after the Director has issued such notice.
(i) This notice must be mailed within a reasonable time period
before the scheduled trial burn. An additional notice is not required if
the trial burn is delayed due to circumstances beyond the control of the
facility or the permitting agency.
(ii) This notice must contain:
(A) The name and telephone number of the applicant's contact person;
(B) The name and telephone number of the permitting agency's contact
office;
(C) The location where the approved trial burn plan and any
supporting documents can be reviewed and copied; and
(D) An expected time period for commencement and completion of the
trial burn.
(7) During each approved trial burn (or as soon after the burn as is
practicable), the applicant must make the following determinations:
(i) A quantitative analysis of the trial POHCs in the waste feed to
the incinerator.
(ii) A quantitative analysis of the exhaust gas for the
concentration and mass emissions of the trial POHCs, oxygen
(O2) and hydrogen chloride (HCl).
(iii) A quantitative analysis of the scrubber water (if any), ash
residues, and other residues, for the purpose of estimating the fate of
the trial POHCs.
(iv) A computation of destruction and removal efficiency (DRE), in
accordance with the DRE formula specified in Sec. 264.343(a) of this
chapter.
(v) If the HCl emission rate exceeds 1.8 kilograms of HCl per hour
(4 pounds per hour), a computation of HCl removal efficiency in
accordance with Sec. 264.343(b) of this chapter.
(vi) A computation of particulate emissions, in accordance with
Sec. 264.343(c) of this chapter.
(vii) An identification of sources of fugitive emissions and their
means of control.
(viii) A measurement of average, maximum, and minimum temperatures
and combustion gas velocity.
(ix) A continuous measurement of carbon monoxide (CO) in the exhaust
gas.
(x) Such other information as the Director may specify as necessary
to ensure that the trial burn will determine compliance with the
performance standards in Sec. 264.343 of this chapter and to establish
the operating conditions required by Sec. 264.345 of this chapter as
necessary to meet that performance standard.
(8) The applicant must submit to the Director a certification that
the trial burn has been carried out in accordance with the approved
trial burn plan, and must submit the results of all the determinations
required in paragraph (b)(6) of this section. This submission shall be
made within 90 days of completion of the trial burn, or later if
approved by the Director.
(9) All data collected during any trial burn must be submitted to
the Director following the completion of the trial burn.
(10) All submissions required by this paragraph must be certified on
behalf of the applicant by the signature of a
[[Page 367]]
person authorized to sign a permit application or a report under Sec.
270.11.
(11) Based on the results of the trial burn, the Director shall set
the operating requirements in the final permit according to Sec.
264.345 of this chapter. The permit modification shall proceed according
to Sec. 270.42.
(c) For the purposes of allowing operation of a new hazardous waste
incinerator following completion of the trial burn and prior to final
modification of the permit conditions to reflect the trial burn results,
the Director may establish permit conditions, including but not limited
to allowable waste feeds and operating conditions sufficient to meet the
requirements of Sec. 264.345 of this chapter, in the permit to a new
hazardous waste incinerator. These permit conditions will be effective
for the minimum time required to complete sample analysis, data
computation and submission of the trial burn results by the applicant,
and modification of the facility permit by the Director.
(1) Applicants must submit a statement, with part B of the permit
application, which identifies the conditions necessary to operate in
compliance with the performance standards of Sec. 264.343 of this
chapter, during this period. This statement should include, at a
minimum, restrictions on waste constituents, waste feed rates, and the
operating parameters in Sec. 264.345 of this chapter.
(2) The Director will review this statement and any other relevant
information submitted with part B of the permit application and specify
those requirements for this period most likely to meet the performance
standards of Sec. 264.343 of this chapter based on his engineering
judgment.
(d) For the purpose of determining feasibility of compliance with
the performance standards of Sec. 264.343 of this chapter and of
determining adequate operating conditions under Sec. 264.345 of this
chapter, the applicant for a permit for an existing hazardous waste
incinerator must prepare and submit a trial burn plan and perform a
trial burn in accordance with Sec. 270.19(b) and paragraphs (b)(2)
through (b)(5) and (b)(7) through (b)(10) of this section or, instead,
submit other information as specified in Sec. 270.19(c). The Director
must announce his or her intention to approve the trial burn plan in
accordance with the timing and distribution requirements of paragraph
(b)(6) of this section. The contents of the notice must include: the
name and telephone number of a contact person at the facility; the name
and telephone number of a contact office at the permitting agency; the
location where the trial burn plan and any supporting documents can be
reviewed and copied; and a schedule of the activities that are required
prior to permit issuance, including the anticipated time schedule for
agency approval of the plan and the time period during which the trial
burn would be conducted. Applicants submitting information under Sec.
270.19(a) are exempt from compliance with 40 CFR 264.343 and 264.345
and, therefore, are exempt from the requirement to conduct a trial burn.
Applicants who submit trial burn plans and receive approval before
submission of a permit application must complete the trial burn and
submit the results, specified in paragraph (b)(7) of this section, with
part B of the permit application. If completion of this process
conflicts with the date set for submission of the part B application,
the applicant must contact the Director to establish a later date for
submission of the part B application or the trial burn results. Trial
burn results must be submitted prior to issuance of the permit. When the
applicant submits a trial burn plan with part B of the permit
application, the Director will specify a time period prior to permit
issuance in which the trial burn must be conducted and the results
submitted.
[48 FR 14228, Apr. 1, 1983, as amended at 53 FR 37939, Sept. 28, 1988;
58 FR 46051, Aug. 31, 1993; 60 FR 63433, Dec. 11, 1995; 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 59578, Oct. 12, 2005]