[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: 40CFR270.66]
[Page 369-373]
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. 270.66 Permits 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
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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) General. Owners and operators of new boilers and industrial
furnaces (those not operating under the interim status standards of
Sec. 266.103 of this chapter) are subject to paragraphs (b) through (f)
of this section. Boilers and industrial furnaces operating under the
interim status standards of Sec. 266.103 of this chapter are subject to
paragraph (g) of this section.
(b) Permit operating periods for new boilers and industrial
furnaces. A permit for a new boiler or industrial furnace shall specify
appropriate conditions for the following operating periods:
(1) Pretrial burn period. For the period beginning with initial
introduction of hazardous waste and ending with initiation of the trial
burn, and only for the minimum time required to bring the boiler or
industrial furnace to a point of operational readiness to conduct a
trial burn, not to exceed 720 hours operating time when burning
hazardous waste, the Director must establish in the Pretrial Burn Period
of the permit conditions, including but not limited to, allowable
hazardous waste feed rates and operating conditions. 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.
(i) Applicants must submit a statement, with part B of the permit
application, that suggests the conditions necessary to operate in
compliance with the standards of Sec. Sec. 266.104 through 266.107 of
this chapter during this period. This statement should include, at a
minimum, restrictions on the applicable operating requirements
identified in Sec. 266.102(e) of this chapter.
(ii) 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. Sec. 266.104 through 266.107 of this chapter based on
his/her engineering judgment.
(2) Trial burn period. For the duration of the trial burn, the
Director must establish conditions in the permit for the purposes of
determining feasibility of compliance with the performance standards of
Sec. Sec. 266.104 through 266.107 of this chapter and determining
adequate operating conditions under Sec. 266.102(e) of this chapter.
Applicants must propose a trial burn plan, prepared under paragraph (c)
of this section, to be submitted with part B of the permit application.
(3) Post-trial burn period. (i) For the period immediately following
completion of the trial burn, and only for the minimum period sufficient
to allow sample analysis, data computation, and submission of the trial
burn results by the applicant, and review of the trial burn results and
modification of the facility permit by the Director to reflect the trial
burn results, the Director will establish the operating requirements
most likely to ensure compliance with the performance standards of
Sec. Sec. 266.104 through 266.107 of this chapter based on his
engineering judgment.
(ii) Applicants must submit a statement, with part B of the
application, that identifies the conditions necessary to operate during
this period in compliance with the performance standards of Sec. Sec.
266.104 through 266.107 of this chapter. This statement should include,
at a minimum, restrictions on the operating requirements provided by
Sec. 266.102(e) of this chapter.
(iii) 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. Sec. 266.104 through 266.107 of this chapter based on
his/her engineering judgment.
(4) Final permit period. For the final period of operation, the
Director will develop operating requirements in conformance with Sec.
266.102(e) of this chapter that reflect conditions in the trial burn
plan and are likely to ensure compliance with the performance standards
of Sec. Sec. 266.104 through 266.107 of this chapter. Based on the
trial burn results, the Director shall make any necessary modifications
to the operating requirements to ensure compliance with the performance
standards. The permit modification shall proceed according to Sec.
270.42.
[[Page 371]]
(c) Requirements for trial burn plans. The trial burn plan must
include the following information. 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:
(1) An analysis of each feed stream, including hazardous waste,
other fuels, and industrial furnace feed stocks, as fired, that
includes:
(i) Heating value, levels of antimony, arsenic, barium, beryllium,
cadmium, chromium, lead, mercury, silver, thallium, total chlorine/
chloride, and ash;
(ii) Viscosity or description of the physical form of the feed
stream;
(2) An analysis of each hazardous waste, as fired, including:
(i) An identification of any hazardous organic constituents listed
in appendix VIII, part 261, of this chapter that are present in the feed
stream, except that the applicant need not analyze for constituents
listed in appendix VIII that would reasonably not be expected to be
found in the hazardous waste. The constituents excluded from analysis
must be identified and the basis for this exclusion explained. The waste
analysis must be conducted in accordance with appropriate analytical
techniques.
(ii) An approximate quantification of the hazardous constituents
identified in the hazardous waste, within the precision produced by
appropriate analytical methods.
(iii) A description of blending procedures, if applicable, prior to
firing the hazardous waste, including a detailed analysis of the
hazardous waste prior to blending, an analysis of the material with
which the hazardous waste is blended, and blending ratios.
(3) A detailed engineering description of the boiler or industrial
furnace, including:
(i) Manufacturer's name and model number of the boiler or industrial
furnace;
(ii) Type of boiler or industrial furnace;
(iii) Maximum design capacity in appropriate units;
(iv) Description of the feed system for the hazardous waste, and, as
appropriate, other fuels and industrial furnace feedstocks;
(v) Capacity of hazardous waste feed system;
(vi) Description of automatic hazardous waste feed cutoff system(s);
(vii) Description of any air pollution control system; and
(viii) Description of stack gas monitoring and any pollution control
monitoring systems.
(4) 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.
(5) A detailed test schedule for each hazardous waste for which the
trial burn is planned, including date(s), duration, quantity of
hazardous waste to be burned, and other factors relevant to the
Director's decision under paragraph (b)(2) of this section.
(6) A detailed test protocol, including, for each hazardous waste
identified, the ranges of hazardous waste feed rate, and, as
appropriate, the feed rates of other fuels and industrial furnace
feedstocks, and any other relevant parameters that may affect the
ability of the boiler or industrial furnace to meet the performance
standards in Sec. Sec. 266.104 through 266.107 of this chapter.
(7) A description of, and planned operating conditions for, any
emission control equipment that will be used.
(8) Procedures for rapidly stopping the hazardous waste feed and
controlling emissions in the event of an equipment malfunction.
(9) 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)(2)
of this section.
(d) Trial burn procedures. (1) A trial burn must be conducted to
demonstrate conformance with the standards of Sec. Sec. 266.104 through
266.107 of this chapter under an approved trial burn plan.
(2) The Director shall approve a trial burn plan if he/she finds
that:
(i) The trial burn is likely to determine whether the boiler or
industrial furnace can meet the performance
[[Page 372]]
standards of Sec. Sec. 266.104 through 266.107 of this chapter;
(ii) The trial burn itself will not present an imminent hazard to
human health and the environment;
(iii) The trial burn will help the Director to determine operating
requirements to be specified under Sec. 266.102(e) of this chapter; and
(iv) The information sought in the trial burn cannot reasonably be
developed through other means.
(3) 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 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 applicant's contact person;
(B) The name and telephone number of the permitting agency 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.
(4) 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 (c) of this section. This submission shall be made
within 90 days of completion of the trial burn, or later if approved by
the Director.
(5) All data collected during any trial burn must be submitted to
the Director following completion of the trial burn.
(6) All submissions required by this paragraph must be certified on
behalf of the applicant by the signature of a person authorized to sign
a permit application or a report under Sec. 270.11.
(e) Special procedures for DRE trial burns. When a DRE trial burn is
required under Sec. 266.104(a) of this chapter, the Director will
specify (based on the hazardous waste analysis data and other
information in the trial burn plan) as trial Principal Organic Hazardous
Constituents (POHCs) those compounds for which destruction and removal
efficiencies must be calculated during the trial burn. These trial POHCs
will be specified by the Director based on information including his/her
estimate of the difficulty of destroying the constituents identified in
the hazardous waste analysis, their concentrations or mass in the
hazardous waste feed, and, for hazardous waste containing or derived
from wastes listed in part 261, subpart D of this chapter, the hazardous
waste organic constituent(s) identified in Appendix VII of that part as
the basis for listing.
(f) Determinations based on trial burn. During each approved trial
burn (or as soon after the burn as is practicable), the applicant must
make the following determinations:
(1) A quantitative analysis of the levels of antimony, arsenic,
barium, beryllium, cadmium, chromium, lead, mercury, thallium, silver,
and chlorine/chloride, in the feed streams (hazardous waste, other
fuels, and industrial furnace feedstocks);
(2) When a DRE trial burn is required under Sec. 266.104(a) of this
chapter:
(i) A quantitative analysis of the trial POHCs in the hazardous
waste feed;
(ii) A quantitative analysis of the stack gas for the concentration
and mass emissions of the trial POHCs; and
(iii) A computation of destruction and removal efficiency (DRE), in
accordance with the DRE formula specified in Sec. 266.104(a) of this
chapter;
(3) When a trial burn for chlorinated dioxins and furans is required
under Sec. 266.104(e) of this chapter, a quantitative analysis of the
stack gas for the concentration and mass emission rate of the 2,3,7,8-
chlorinated tetra-octa congeners of chlorinated dibenzo-p-dioxins and
furans, and a computation showing conformance with the emission
standard;
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(4) When a trial burn for particulate matter, metals, or HCl/
Cl2 is required under Sec. Sec. 266.105, 266.106 (c) or (d),
or 266.107 (b)(2) or (c) of this chapter, a quantitative analysis of the
stack gas for the concentrations and mass emissions of particulate
matter, metals, or hydrogen chloride (HCl) and chlorine
(Cl2), and computations showing conformance with the
applicable emission performance standards;
(5) When a trial burn for DRE, metals, or HCl/Cl2 is
required under Sec. Sec. 266.104(a), 266.106 (c) or (d), or 266.107
(b)(2) or (c) of this chapter, a quantitative analysis of the scrubber
water (if any), ash residues, other residues, and products for the
purpose of estimating the fate of the trial POHCs, metals, and chlorine/
chloride;
(6) An identification of sources of fugitive emissions and their
means of control;
(7) A continuous measurement of carbon monoxide (CO), oxygen, and
where required, hydrocarbons (HC), in the stack gas; and
(8) 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. Sec. 266.104 through 266.107 of this
chapter and to establish the operating conditions required by Sec.
266.102(e) of this chapter as necessary to meet those performance
standards.
(g) Interim status boilers and industrial furnaces. For the purpose
of determining feasibility of compliance with the performance standards
of Sec. 266.104 through 266.107 of this chapter and of determining
adequate operating conditions under Sec. 266.103 of this chapter,
applicants owning or operating existing boilers or industrial furnaces
operated under the interim status standards of Sec. 266.103 of this
chapter must either prepare and submit a trial burn plan and perform a
trial burn in accordance with the requirements of this section or submit
other information as specified in Sec. 270.22(a)(6). The Director must
announce his or her intention to approve of the trial burn plan in
accordance with the timing and distribution requirements of paragraph
(d)(3) 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 periods during which the trial
burn would be conducted. Applicants who submit a trial burn plan and
receive approval before submission of the part B permit application must
complete the trial burn and submit the results specified in paragraph
(f) of this section with the part B 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. If the applicant submits a trial burn plan with part B of the
permit application, the trial burn must be conducted and the results
submitted within a time period prior to permit issuance to be specified
by the Director.
[56 FR 7239, Feb. 21, 1991; 56 FR 32692, July 17, 1991, as amended at 58
FR 46051, Aug. 31, 1993; 60 FR 63433, Dec. 11, 1995; 64 FR 53077, Sept.
30, 1999; 67 FR 77692, Dec. 19, 2002; 70 FR 34590, June 14, 2005; 71 FR
59578, Oct. 12, 2006]