National Emission Standards for Hazardous Air Pollutants: Final Standards for Hazardous Air Pollutants for Hazardous Waste Combustors (Phase I Final Replacement Standards and Phase II) [[pp. 59551-59579]]
[Federal Register: October 12, 2005 (Volume 70, Number 196)]
[Rules and Regulations]
[Page 59551-59579]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12oc05-28]
[[pp. 59551-59579]]
National Emission Standards for Hazardous Air Pollutants: Final
Standards for Hazardous Air Pollutants for Hazardous Waste Combustors
(Phase I Final Replacement Standards and Phase II)
[[Continued from page 59550]]
[[Page 59551]]
under Sec. 63.1216, you must establish 12-hour rolling average limits
for the total feedrate of semivolatile and low volatile metals in all
feedstreams as the average of the test run averages.
(iii) Cement kilns under Sec. 63.1220--(A) When complying with the
emission standards under Sec. Sec. 63.1220(a)(3)(i), (a)(4)(i),
(b)(3)(i), and (b)(4)(i), you must establish 12-hour rolling average
feedrate limits for semivolatile and low volatile metals as the thermal
concentration of semivolatile metals or low volatile metals in all
hazardous waste feedstreams. You must calculate hazardous waste thermal
concentrations for semivolatile metals and low volatile metals for each
run as the total mass feedrate of semivolatile metals or low volatile
metals for all hazardous waste feedstreams divided by the total heat
input rate for all hazardous waste feedstreams. The 12-hour rolling
average feedrate limits for semivolatile metals and low volatile metals
are the average of the hazardous waste thermal concentrations for the runs.
(B) When complying with the emission standards under Sec. Sec.
63.1220(a)(3)(ii), (a)(4)(ii), (b)(3)(ii), and (b)(4)(ii), you must
establish 12-hour rolling average limits for the total feedrate of
semivolatile and low volatile metals in all feedstreams as the average
of the test run averages.
(iv) Lightweight aggregate kilns under Sec. 63.1221--(A) When
complying with the emission standards under Sec. Sec.
63.1221(a)(3)(i), (a)(4)(i), (b)(3)(i), and (b)(4)(i), you must
establish 12-hour rolling average feedrate limits for semivolatile and
low volatile metals as the thermal concentration of semivolatile metals
or low volatile metals in all hazardous waste feedstreams as specified
in paragraphs (n)(2)(iii)(A) of this section.
(B) When complying with the emission standards under Sec. Sec.
63.1221(a)(3)(ii), (a)(4)(ii), (b)(3)(ii), and (b)(4)(ii), you must
establish 12-hour rolling average limits for the total feedrate of
semivolatile and low volatile metals in all feedstreams as the average
of the test run averages.
(v) Liquid fuel boilers under Sec. 63.1217. (A) Semivolatile
metals. You must establish a rolling average limit for the semivolatile
metal feedrate as follows on an averaging period not to exceed an
annual rolling average.
(1) System removal efficiency. You must calculate a semivolatile
metal system removal efficiency for each test run and calculate the
average system removal efficiency of the test run averages. If
emissions exceed the semivolatile metal emission standard during the
comprehensive performance test, it is not a violation because the
averaging period for the semivolatile metal emission standard is one
year and compliance is based on compliance with the semivolatile metal
feedrate limit that has an averaging period not to exceed an annual
rolling average.
(2) Boilers that feed hazardous waste with a heating value of
10,000 Btu/lb or greater. You must calculate the semivolatile metal
feedrate limit as the semivolatile metal emission standard divided by
[1 - System Removal Efficiency].
(i) The feedrate limit is a hazardous waste thermal concentration
limit expressed as pounds of semivolatile metals in all hazardous waste
feedstreams per million Btu of hazardous waste fed to the boiler.
(ii) You must comply with the hazardous waste semivolatile metal
thermal concentration limit by determining the feedrate of semivolatile
metal in all hazardous waste feedstreams (lb/hr) and the hazardous
waste thermal feedrate (MM Btu/hr) at least once a minute to calculate
a 60-minute average thermal emission concentration as [hazardous waste
semivolatile metal feedrate (lb/hr) / hazardous waste thermal feedrate
(MM Btu/hr)].
(iii) You must calculate a rolling average hazardous waste
semivolatile metal thermal concentration that is updated each hour.
(iv) If you select an averaging period for the feedrate limit that
is greater than a 12-hour rolling average, you must calculate the
initial rolling average as though you had selected a 12-hour rolling
average, as provided by paragraph (b)(5)(i) of this section. You must
calculate rolling averages thereafter as the average of the available
one-minute values until enough one-minute values are available to
calculate the rolling average period you select. At that time and
thereafter, you update the rolling average feedrate each hour with a
60-minute average feedrate.
(3) Boilers that feed hazardous waste with a heating value less
than 10,000 Btu/lb. (i) You must calculate the semivolatile metal
feedrate limit as the semivolatile metal emission standard divided by
[1 - System Removal Efficiency].
(ii) The feedrate limit is expressed as a mass concentration per
unit volume of stack gas ([mu]g/dscm) and is converted to a mass
feedrate (lb/hr) by multiplying it by the average stack gas flowrate
(dscm/hr) of the test run averages.
(iii) You must comply with the feedrate limit by determining the
semivolatile metal feedrate (lb/hr) at least once a minute to calculate
a 60-minute average feedrate.
(iv) You must update the rolling average feedrate each hour with
this 60-minute feedrate measurement.
(v) If you select an averaging period for the feedrate limit that
is greater than a 12-hour rolling average, you must calculate the
initial rolling average as though you had selected a 12-hour rolling
average, as provided by paragraph (b)(5)(i) of this section. You must
calculate rolling averages thereafter as the average of the available
one-minute values until enough one-minute values are available to
calculate the rolling average period you select. At that time and
thereafter, you update the rolling average feedrate each hour with a
60-minute average feedrate.
(B) Chromium. (1) Boilers that feed hazardous waste with a heating
value of 10,000 Btu/lb or greater. (i) The feedrate limit is a
hazardous waste thermal concentration limit expressed as pounds of
chromium in all hazardous waste feedstreams per million Btu of
hazardous waste fed to the boiler.
(ii) You must comply with the hazardous waste chromium thermal
concentration limit by determining the feedrate of chromium in all
hazardous waste feedstreams (lb/hr) and the hazardous waste thermal
feedrate (MM Btu/hr) at least once a minute to calculate a 60-minute
average thermal emission concentration as [hazardous waste chromium
feedrate (lb/hr) / hazardous waste thermal feedrate (MM Btu/hr)]. You
must update the rolling average feedrate each hour with this 60-minute
average feedrate measurement.
(2) Boilers that feed hazardous waste with a heating value less
than 10,000 Btu/lb. You must establish a 12-hour rolling average limit
for the total feedrate (lb/hr) of chromium in all feedstreams as the
average of the test run averages. You must update the rolling average
feedrate each hour with a 60-minute average feedrate measurement.
(vi) LVM limits for pumpable wastes. You must establish separate
feedrate limits for low volatile metals in pumpable feedstreams using
the procedures prescribed above for total low volatile metals. Dual
feedrate limits for both pumpable and total feedstreams are not
required, however, if you base the total feedrate limit solely on the
feedrate of pumpable feedstreams.
(vii) Extrapolation of feedrate levels. In lieu of establishing
feedrate limits as specified in paragraphs (l)(1)(i) through (iii) of
this section, you may request as part of the performance test plan
under Sec. Sec. 63.7(b) and (c) and Sec. Sec. 63.1207(e) and (f) to
use the semivolatile metal and low
[[Page 59552]]
volatile metal feedrates and associated emission rates during the
comprehensive performance test to extrapolate to higher allowable
feedrate limits and emission rates. The extrapolation methodology will
be reviewed and approved, as warranted, by the Administrator. The
review will consider in particular whether:
(A) Performance test metal feedrates are appropriate (i.e., whether
feedrates are at least at normal levels; depending on the heterogeneity
of the waste, whether some level of spiking would be appropriate; and
whether the physical form and species of spiked material is
appropriate); and
(B) Whether the extrapolated feedrates you request are warranted
considering historical metal feedrate data.
* * * * *
(o) Hydrogen chloride and chlorine gas. * * *
(1) Feedrate of total chlorine and chloride. (i) Incinerators,
cement kilns, lightweight aggregate kilns, solid fuel boilers, and
hydrochloric acid production furnaces. You must establish a 12-hour
rolling average limit for the total feedrate of chlorine (organic and
inorganic) in all feedstreams as the average of the test run averages.
(ii) Liquid fuel boilers. (A) Boilers that feed hazardous waste
with a heating value not less than 10,000 Btu/lb. (1) The feedrate
limit is a hazardous waste thermal concentration limit expressed as
pounds of chlorine (organic and inorganic) in all hazardous waste
feedstreams per million Btu of hazardous waste fed to the boiler.
(2) You must establish a 12-hour rolling average feedrate limit as
the average of the test run averages.
(3) You must comply with the feedrate limit by determining the mass
feedrate of hazardous waste feedstreams (lb/hr) at least once a minute
and by knowing the chlorine (organic and inorganic) content and heating
value (million Btu/lb) of hazardous waste feedstreams at all times to
calculate a 60-minute average feedrate measurement as [hazardous waste
chlorine feedrate (lb/hr) / hazardous waste thermal feedrate (million
Btu/hr)]. You must update the rolling average feedrate each hour with
this 60-minute average feedrate measurement.
(B) Boilers that feed hazardous waste with a heating value less
than 10,000 Btu/lb. You must establish a 12-hour rolling average limit
for the total feedrate of chlorine (organic and inorganic) in all
feedstreams as the average of the test run averages. You must update
the rolling average feedrate each hour with a 60-minute average
feedrate measurement.
* * * * *
(r) Averaging periods. The averaging periods specified in this
section for operating parameters are not-to-exceed averaging periods.
You may elect to use shorter averaging periods. For example, you may
elect to use a 1-hour rolling average rather than the 12-hour rolling
average specified in paragraph (l)(1)(i) of this section for mercury.
? 12. Section 63.1210 is amended by:
? a. Revising the table in paragraph (a)(1) and the table in paragraph
(a)(2).
? b. Redesignating paragraph (b) as (d).
? c. Adding new paragraph (b).
? d. Adding new paragraph (c).
The revisions and additions read as follows:
Sec. 63.1210 What are the notification requirements?
(a) * * *
(1) * * *
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Reference Notification
----------------------------------------------------------------------------------------------------------------
63.9(b)........................................................ Initial notifications that you are subject to
Subpart EEE of this Part.
63.9(d)........................................................ Notification that you are subject to special
compliance requirements.
63.9(j)........................................................ Notification and documentation of any change in
information already provided under Sec.
63.9.
63.1206(b)(5)(i)............................................... Notification of changes in design, operation,
or maintenance.
63.1206(c)(7)(ii)(C)........................................... Notification of excessive bag leak detection
system exceedances.
63.1207(e), 63.9(e) 63.9(g)(1) and (3)......................... Notification of performance test and continuous
monitoring system evaluation, including the
performance test plan and CMS performance
evaluation plan.\1\
63.1210(b)..................................................... Notification of intent to comply.
63.1210(d), 63.1207(j), 63.1207(k), 63.1207(l), 63.9(h), Notification of compliance, including results
63.10(d)(2), 63.10(e)(2). of performance tests and continuous monitoring
system performance evaluations.
----------------------------------------------------------------------------------------------------------------
\1\ You may also be required on a case-by-case basis to submit a feedstream analysis plan under Sec.
63.1209(c)(3).
(2) * * *
----------------------------------------------------------------------------------------------------------------
Notification, request, petition, or application
Reference 6
----------------------------------------------------------------------------------------------------------------
63.9(i)........................................................ You may request an adjustment to time periods
or postmark deadlines for submittal and review
of required information.
63.10(e)(3)(ii)................................................ You may request to reduce the frequency of
excess emissions and CMS performance reports.
63.10(f)....................................................... You may request to waive recordkeeping or
reporting requirements.
63.1204(d)(2)(iii), 63.1220(d)(2)(iii)......................... Notification that you elect to comply with the
emission averaging requirements for cement
kilns with in-line raw mills.
63.1204(e)(2)(iii), 63.1220(e)(2)(iii)......................... Notification that you elect to comply with the
emission averaging requirements for preheater
or preheater/precalciner kilns with dual
stacks.
63.1206(b)(4), 63.1213, 63.6(i), 63.9(c)....................... You may request an extension of the compliance
date for up to one year.
63.1206(b)(5)(i)(C)............................................ You may request to burn hazardous waste for
more than 720 hours and for purposes other
than testing or pretesting after making a
change in the design or operation that could
affect compliance with emission standards and
prior to submitting a revised Notification of
Compliance.
63.1206(b)(8)(iii)(B).......................................... If you elect to conduct particulate matter CEMS
correlation testing and wish to have federal
particulate matter and opacity standards and
associated operating limits waived during the
testing, you must notify the Administrator by
submitting the correlation test plan for
review and approval.
63.1206(b)(8)(v)............................................... You may request approval to have the
particulate matter and opacity standards and
associated operating limits and conditions
waived for more than 96 hours for a
correlation test.
[[Page 59553]]
63.1206(b)(9).................................................. Owners and operators of lightweight aggregate
kilns may request approval of alternative
emission standards for mercury, semivolatile
metal, low volatile metal, and hydrogen
chloride/chlorine gas under certain
conditions.
63.1206(b)(10)................................................. Owners and operators of cement kilns may
request approval of alternative emission
standards for mercury, semivolatile metal, low
volatile metal, and hydrogen chloride/chlorine
gas under certain conditions.
63.1206(b)(14)................................................. Owners and operators of incinerators may elect
to comply with an alternative to the
particulate matter standard.
63.1206(b)(15)................................................. Owners and operators of cement and lightweight
aggregate kilns may request to comply with the
alternative to the interim standards for
mercury.
63.1206(c)(2)(ii)(C)........................................... You may request to make changes to the startup,
shutdown, and malfunction plan.
63.1206(c)(5)(i)(C)............................................ You may request an alternative means of control
to provide control of combustion system leaks.
63.1206(c)(5)(i)(D)............................................ You may request other techniques to prevent
fugitive emissions without use of
instantaneous pressure limits.
63.1207(c)(2).................................................. You may request to base initial compliance on
data in lieu of a comprehensive performance
test.
63.1207(d)(3).................................................. You may request more than 60 days to complete a
performance test if additional time is needed
for reasons beyond your control.
63.1207(e)(3), 63.7(h)......................................... You may request a time extension if the
Administrator fails to approve or deny your
test plan.
63.1207(h)(2).................................................. You may request to waive current operating
parameter limits during pretesting for more
than 720 hours.
63.1207(f)(1)(ii)(D)........................................... You may request a reduced hazardous waste
feedstream analysis for organic hazardous air
pollutants if the reduced analysis continues
to be representative of organic hazardous air
pollutants in your hazardous waste
feedstreams.
63.1207(g)(2)(v)............................................... You may request to operate under a wider
operating range for a parameter during
confirmatory performance testing.
63.1207(i)..................................................... You may request up to a one-year time extension
for conducting a performance test (other than
the initial comprehensive performance test) to
consolidate testing with other state or
federally-required testing.
63.1207(j)(4).................................................. You may request more than 90 days to submit a
Notification of Compliance after completing a
performance test if additional time is needed
for reasons beyond your control.
63.1207(l)(3).................................................. After failure of a performance test, you may
request to burn hazardous waste for more than
720 hours and for purposes other than testing
or pretesting.
63.1209(a)(5), 63.8(f)......................................... You may request: (1) Approval of alternative
monitoring methods for compliance with
standards that are monitored with a CEMS; and
(2) approval to use a CEMS in lieu of
operating parameter limits.
63.1209(g)(1).................................................. You may request approval of: (1) Alternatives
to operating parameter monitoring
requirements, except for standards that you
must monitor with a continuous emission
monitoring system (CEMS) and except for
requests to use a CEMS in lieu of operating
parameter limits; or (2) a waiver of an
operating parameter limit.
63.1209(l)(1).................................................. You may request to extrapolate mercury feedrate
limits.
63.1209(n)(2).................................................. You may request to extrapolate semivolatile and
low volatile metal feedrate limits.
63.1211(d)..................................................... You may request to use data compression
techniques to record data on a less frequent
basis than required by Sec. 63.1209.
----------------------------------------------------------------------------------------------------------------
(b) Notification of intent to comply (NIC). These procedures apply
to sources that have not previously complied with the requirements of
paragraph (b) of this section, and to sources that previously complied
with the NIC requirements of Sec. 63.1210, which were in effect prior
to October 11, 2000, that must make a technology change requiring a
Class 1 permit modification to meet the standards of Sec. Sec.
63.1219, 63.1220, and 63.1221.
(1) You must prepare a Notification of Intent to Comply that
includes all of the following information:
(i) General information:
(A) The name and address of the owner/operator and the source;
(B) Whether the source is a major or an area source;
(C) Waste minimization and emission control technique(s) being
considered;
(D) Emission monitoring technique(s) you are considering;
(E) Waste minimization and emission control technique(s)
effectiveness;
(F) A description of the evaluation criteria used or to be used to
select waste minimization and/or emission control technique(s); and
(G) A general description of how you intend to comply with the
emission standards of this subpart.
(ii) As applicable to each source, information on key activities
and estimated dates for these activities that will bring the source
into compliance with emission control requirements of this subpart. You
must include all of the following key activities and dates in your NIC:
(A) The dates by which you anticipate you will develop engineering
designs for emission control systems or process changes for emissions;
(B) The date by which you anticipate you will commit internal or
external resources for installing emission control systems or making
process changes for emission control, or the date by which you will
issue orders for the purchase of component parts to accomplish emission
control or process changes.
(C) The date by which you anticipate you will submit construction
applications;
(D) The date by which you anticipate you will initiate on-site
construction, installation of emission control equipment, or process
change;
(E) The date by which you anticipate you will complete on-site
construction, installation of emission control equipment, or process
change; and
(F) The date by which you anticipate you will achieve final
compliance. The individual dates and milestones listed in paragraphs
(b)(1)(ii)(A) through (F) of this section as part of the NIC are not
requirements and therefore are not
[[Page 59554]]
enforceable deadlines; the requirements of paragraphs (b)(1)(ii)(A)
through (F) of this section must be included as part of the NIC only to
inform the public of how you intend to comply with the emission
standards of this subpart.
(iii) A summary of the public meeting required under paragraph (c)
of this section;
(iv) If you intend to cease burning hazardous waste prior to or on
the compliance date, the requirements of paragraphs (b)(1)(ii) and
(b)(1)(iii) of this section do not apply. You must include in your NIC
a schedule of key dates for the steps to be taken to stop hazardous
waste activity at your combustion unit. Key dates include the date for
submittal of RCRA closure documents required under subpart G, part 264
or subpart G, part 265 of this chapter.
(2) You must make a draft of the NIC available for public review no
later than 30 days prior to the public meeting required under paragraph
(c)(1) of this section or no later than 9 months after the effective
date of the rule if you intend to cease burning hazardous waste prior
to or on the compliance date.
(3) You must submit the final NIC to the Administrator no later
than one year following the effective date of the emission standards of
this subpart.
(c) NIC public meeting and notice. (1) Prior to the submission of
the NIC to the permitting agency, and no later than 10 months after the
effective date of the emission standards of this subpart, you must hold
at least one informal meeting with the public to discuss anticipated
activities described in the draft NIC for achieving compliance with the
emission standards of this subpart. You must post a sign-in sheet or
otherwise provide a voluntary opportunity for attendees to provide
their names and addresses;
(2) You must submit a summary of the meeting, along with the list
of attendees and their addresses developed under paragraph (b)(1) of
this section, and copies of any written comments or materials submitted
at the meeting, to the Administrator as part of the final NIC, in
accordance with paragraph (b)(1)(iii) of this section;
(3) You must provide public notice of the NIC meeting at least 30
days prior to the meeting and you must maintain, and provide to the
Administrator upon request, documentation of the notice. You must
provide public notice in all of the following forms:
(i) Newspaper advertisement. You must publish a notice in a
newspaper of general circulation in the county or equivalent
jurisdiction of your facility. In addition, you must publish the notice
in newspapers of general circulation in adjacent counties or equivalent
jurisdiction where such publication would be necessary to inform the
affected public. You must publish the notice as a display advertisement.
(ii) Visible and accessible sign. You must post a notice on a
clearly marked sign at or near the source. If you place the sign on the
site of the hazardous waste combustor, the sign must be large enough to
be readable from the nearest spot where the public would pass by the site.
(iii) Broadcast media announcement. You must broadcast a notice at
least once on at least one local radio station or television station.
(iv) Notice to the facility mailing list. You must provide a copy
of the notice to the facility mailing list in accordance with Sec.
124.10(c)(1)(ix) of this chapter.
(4) You must include all of the following in the notices required
under paragraph (c)(3) of this section:
(i) The date, time, and location of the meeting;
(ii) A brief description of the purpose of the meeting;
(iii) A brief description of the source and proposed operations,
including the address or a map (e.g., a sketched or copied street map)
of the source location;
(iv) A statement encouraging people to contact the source at least
72 hours before the meeting if they need special access to participate
in the meeting;
(v) A statement describing how the draft NIC (and final NIC, if
requested) can be obtained; and
(vi) The name, address, and telephone number of a contact person
for the NIC.
(5) The requirements of this paragraph do not apply to sources that
intend to cease burning hazardous waste prior to or on the compliance date.
? 13. Section 63.1211 is amended by:
? a. Revising the table in paragraph (b).
? b. Revising paragraph (c)(1).
The revisions read as follows:
Sec. 63.1211 What are the recordkeeping and reporting requirements?
* * * * *
(b) * * *
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Reference Document, Data, or Information
----------------------------------------------------------------------------------------------------------------
63.1200, 63.10(b) and (c)...................................... General. Information required to document and
maintain compliance with the regulations of
Subpart EEE, including data recorded by
continuous monitoring systems (CMS), and
copies of all notifications, reports, plans,
and other documents submitted to the
Administrator.
63.1204(d)(1)(ii), 63.1220(d)(1)(ii)........................... Documentation of mode of operation changes for
cement kilns with in-line raw mills.
63.1204(d)(2)(ii), 63.1220(d)(2)(ii)........................... Documentation of compliance with the emission
averaging requirements for cement kilns with
in-line raw mills.
63.1204(e)(2)(ii), 63.1220(e)(2)(ii)........................... Documentation of compliance with the emission
averaging requirements for preheater or
preheater/precalciner kilns with dual stacks.
63.1206(b)(1)(ii).............................................. If you elect to comply with all applicable
requirements and standards promulgated under
authority of the Clean Air Act, including
Sections 112 and 129, in lieu of the
requirements of Subpart EEE when not burning
hazardous waste, you must document in the
operating record that you are in compliance
with those requirements.
63.1206(b)(5)(ii).............................................. Documentation that a change will not adversely
affect compliance with the emission standards
or operating requirements.
63.1206(b)(11)................................................. Calculation of hazardous waste residence time.
63.1206(c)(2).................................................. Startup, shutdown, and malfunction plan.
63.1206(c)(2)(v)(A)............................................ Documentation of your investigation and
evaluation of excessive exceedances during
malfunctions.
63.1206(c)(3)(v)............................................... Corrective measures for any automatic waste
feed cutoff that results in an exceedance of
an emission standard or operating parameter
limit.
63.1206(c)(3)(vii)............................................. Documentation and results of the automatic
waste feed cutoff operability testing.
63.1206(c)(4)(ii).............................................. Emergency safety vent operating plan.
63.1206(c)(4)(iii)............................................. Corrective measures for any emergency safety
vent opening.
63.1206(c)(5)(ii).............................................. Method used for control of combustion system
leaks.
63.1206(c)(6).................................................. Operator training and certification program.
63.1206(c)(7)(i)(D)............................................ Operation and maintenance plan.
63.1209(c)(2).................................................. Feedstream analysis plan.
[[Page 59555]]
63.1209(k)(6)(iii), 63.1209(k)(7)(ii), 63.1209(k)(9)(ii), Documentation that a substitute activated
63.1209(o)(4)(iii). carbon, dioxin/furan formation reaction
inhibitor, or dry scrubber sorbent will
provide the same level of control as the
original material.
63.1209(k)(7)(i)(C)............................................ Results of carbon bed performance monitoring.
63.1209(q)..................................................... Documentation of changes in modes of operation.
63.1211(c)..................................................... Documentation of compliance.
----------------------------------------------------------------------------------------------------------------
(c) * * *
(1) By the compliance date, you must develop and include in the
operating record a Documentation of Compliance. You are not subject to
this requirement, however, if you submit a Notification of Compliance
under Sec. 63.1207(j) prior to the compliance date. Upon inclusion of
the Documentation of Compliance in the operating record, hazardous
waste burning incinerators, cement kilns, and lightweight aggregate
kilns regulated under the interim standards of Sec. Sec. 63.1203,
63.1204, and 63.1205 are no longer subject to compliance with the
previously applicable Notification of Compliance.
* * * * *
? 14. Section 63.1212 is added to subpart EEE to read as follows:
Sec. 63.1212 What are the other requirements pertaining to the NIC?
(a) Certification of intent to comply. The Notice of Intent to
Comply (NIC) must contain the following certification signed and dated
by a responsible official as defined under Sec. 63.2 of this chapter:
I certify under penalty of law that I have personally examined and am
familiar with the information submitted in this document and all
attachments and that, based on my inquiry of those individuals
immediately responsible for obtaining the information, I believe that
the information is true, accurate, and complete. I am aware that there
are significant penalties for submitting false information, including
the possibility of fine and imprisonment.
(b) New units. Any source that files a RCRA permit application or
permit modification request for construction of a hazardous waste
combustion unit after October 12, 2005 must:
(1) Prepare a draft NIC according to Sec. 63.1210(b) and make it
available to the public upon issuance of the notice of NIC public
meeting per Sec. 63.1210(c)(3);
(2) Prepare a draft comprehensive performance test plan pursuant to
the requirements of Sec. 63.1207 and make it available for public
review upon issuance of the notice of NIC public meeting;
(3) Provide notice to the public of a pre-application meeting
pursuant to Sec. 124.30 or notice to the public of a permit
modification request pursuant to Sec. 270.42 and;
(4) Hold an informal public meeting 30 days following notice of NIC
public meeting and notice of the pre-application meeting or notice of
the permit modification request.
(c) Information Repository specific to new combustion units. (1)
Any source that files a RCRA permit application or modification request
for construction of a new hazardous waste combustion unit after October
12, 2005 may be required to establish an information repository if
deemed appropriate.
(2) The Administrator may assess the need, on a case-by-case basis
for an information repository. When assessing the need for a
repository, the Administrator shall consider the level of public
interest, the presence of an existing repository, and any information
available via the New Source Review and Title V permit processes. If
the Administrator determines a need for a repository, then the
Administrator shall notify the facility that it must establish and
maintain an information repository.
(3) The information repository shall contain all documents,
reports, data, and information deemed necessary by the Administrator.
The Administrator shall have the discretion to limit the contents of
the repository.
(4) The information repository shall be located and maintained at a
site chosen by the source. If the Administrator finds the site
unsuitable for the purposes and persons for which it was established,
due to problems with location, hours of availability, access, or other
relevant considerations, then the Administrator shall specify a more
appropriate site.
(5) The Administrator shall require the source to provide a written
notice about the information repository to all individuals on the
source mailing list.
(6) The source shall be responsible for maintaining and updating
the repository with appropriate information throughout a period
specified by the Administrator. The Administrator may close the
repository at his or her discretion based on the considerations in
paragraph (c)(2) of this section.
? 15. Section 63.1214 is amended by revising paragraphs (c)(1), (c)(2),
(c)(3), and (c)(4) to read as follows:
Sec. 63.1214 Implementation and enforcement.
* * * * *
(c) * * *
(1) Approval of alternatives to requirements in Sec. Sec. 63.1200,
63.1203, 63.1204, 63.1205, 63.1206(a), 63.1215, 63.1216, 63.1217,
63.1218, 63.1219, 63.1220, and 63.1221.
(2) Approval of major alternatives to test methods under Sec. Sec.
63.7(e)(2)(ii) and (f), 63.1208(b), and 63.1209(a)(1), as defined under
Sec. 63.90, and as required in this subpart.
(3) Approval of major alternatives to monitoring under Sec. Sec.
63.8(f) and 63.1209(a)(5), as defined under Sec. 63.90, and as
required in this subpart.
(4) Approval of major alternatives to recordkeeping and reporting
under Sec. Sec. 63.10(f) and 63.1211(a) through (c), as defined under
Sec. 63.90, and as required in this subpart.
? 16. Section Sec. 63.1215 is added to subpart EEE to read as follows:
Sec. 63.1215 What are the health-based compliance alternatives for
total chlorine?
(a) General. (1) Overview. You may establish and comply with
health-based compliance alternatives for total chlorine under the
procedures prescribed in this section for your hazardous waste
combustors other than hydrochloric acid production furnaces. You may
comply with these health-based compliance alternatives in lieu of the
emission standards for total chlorine provided under Sec. Sec.
63.1216, 63.1217, 63.1219, 63.1220, and 63.1221. To identify and comply
with the limits, you must:
(i) Identify a total chlorine emission concentration (ppmv)
expressed as chloride (Cl(-)) equivalent for each on-site
hazardous waste combustor. You may select total chlorine emission
concentrations as you choose to demonstrate eligibility for the risk-
based limits under this section, except as provided by paragraph (b)(4)
of this section;
(ii) Apportion the total chlorine emission concentration between
HCl and Cl2 according to paragraph (b)(6)(i) of this
section, and calculate HCl and Cl2 emission rates (lb/hr)
using the gas flowrate and other parameters from the most recent
regulatory compliance test.
[[Page 59556]]
(iii) Calculate the annual average HCl-equivalent emission rate as
prescribed in paragraph (b)(2) of this section.
(iv) Perform an eligibility demonstration to determine if your HCl-
equivalent emission rate meets the national exposure standard and thus
is below the annual average HCl-equivalent emission rate limit, as
prescribed by paragraph (c) of this section;
(v) Submit your eligibility demonstration for review and approval,
as prescribed by paragraph (e) of this section, which must include
information to ensure that the 1-hour average HCl-equivalent emission
rate limit is not exceeded, as prescribed by paragraph (d) of this section;
(vi) Demonstrate compliance with the annual average HCl-equivalent
emission rate limit during the comprehensive performance test, as
prescribed by the testing and monitoring requirements under paragraph
(e) of this section;
(vii) Comply with compliance monitoring requirements, including
establishing feedrate limits on total chlorine and chloride, and
operating parameter limits on emission control equipment, as prescribed
by paragraph (f) of this section; and
(viii) Comply with the requirements for changes, as prescribed by
paragraph (h) of this section.
(2) Definitions. In addition to the definitions under Sec.
63.1201, the following definitions apply to this section:
1-Hour Average HCl-Equivalent Emission Rate means the HCl-
equivalent emission rate (lb/hr) determined by equating the toxicity of
chlorine to HCl using 1-hour RELs as the health risk metric for acute
exposure.
1-Hour Average HCl-Equivalent Emission Rate Limit means the HCl-
equivalent emission rate (lb/hr) determined by equating the toxicity of
chlorine to HCl using 1-hour RELs as the health risk metric for acute
exposure and which ensures that maximum 1-hour average ambient
concentrations of HCl-equivalents do not exceed a Hazard Index of 1.0,
rounded to the nearest tenths decimal place (0.1), at an off-site
receptor location.
Acute Reference Exposure Level (aREL) means health thresholds below
which there would be no adverse health effects for greater than once in
a lifetime exposures of one hour. ARELs are developed by the California
Office of Health Hazard Assessment and are available at
http://www.oehha.ca.gov/air/acute_rels/acuterel.html. 
Annual Average HCl-Equivalent Emission Rate means the HCl-
equivalent emission rate (lb/hr) determined by equating the toxicity of
chlorine to HCl using RfCs as the health risk metric for long-term exposure.
Annual Average HCl-Equivalent Emission Rate Limit means the HCl-
equivalent emission rate (lb/hr) determined by equating the toxicity of
chlorine to HCl using RfCs as the health risk metric for long-term
exposure and which ensures that maximum annual average ambient
concentrations of HCl equivalents do not exceed a Hazard Index of 1.0,
rounded to the nearest tenths decimal place (0.1), at an off-site
receptor location.
Hazard Index (HI) means the sum of more than one Hazard Quotient
for multiple substances and/or multiple exposure pathways. In this
section, the Hazard Index is the sum of the Hazard Quotients for HCl
and chlorine.
Hazard Quotient (HQ) means the ratio of the predicted media
concentration of a pollutant to the media concentration at which no
adverse effects are expected. For chronic inhalation exposures, the HQ
is calculated under this section as the air concentration divided by
the RfC. For acute inhalation exposures, the HQ is calculated under
this section as the air concentration divided by the aREL.
Look-up table analysis means a risk screening analysis based on
comparing the HCl-equivalent emission rate from the affected source to
the appropriate HCl-equivalent emission rate limit specified in Tables
1 through 4 of this section.
Reference Concentration (RfC) means an estimate (with uncertainty
spanning perhaps an order of magnitude) of a continuous inhalation
exposure to the human population (including sensitive subgroups) that
is likely to be without an appreciable risk of deleterious effects
during a lifetime. It can be derived from various types of human or
animal data, with uncertainty factors generally applied to reflect
limitations of the data used.
(b) HCl-equivalent emission rates. (1) You must express total
chlorine emission rates for each hazardous waste combustor as HCl-
equivalent emission rates.
(2) Annual average rates. You must calculate annual average
toxicity-weighted HCl-equivalent emission rates for each combustor as
follows:
ERtw = ERHCl + ERCl2 x
(RfCHCl/RfCCl2)
Where:
ERLTtw is the annual average HCl toxicity-weighted emission
rate (HCl-equivalent emission rate) considering long-term exposures, lb/hr
ERHCl is the emission rate of HCl in lbs/hr
ERCl2 is the emission rate of chlorine in lbs/hr
RfCHCl is the reference concentration of HCl
RfCCl2 is the reference concentration of chlorine
(3) 1-hour average rates. You must calculate 1-hour average
toxicity-weighted HCl-equivalent emission rates for each combustor as
follows:
ERSTtw = ERHCl + ERCl2 x
(aRELHCl/aRELCl2)
Where:
ERSTtw is the 1-hour average HCl toxicity-weighted emission
rate (HCl-equivalent emission rate) considering 1-hour (short-term)
exposures, lb/hr
ERHCl is the emission rate of HCl in lbs/hr
ERCl2 is the emission rate of chlorine in lbs/hr
aRELHCl is the 1-hour Reference Exposure Level of HCl
aRELCl2 is the 1-hour Reference Exposure Level of chlorine
(4) You must use the RfC values for hydrogen chloride and chlorine
found at http://epa.gov/ttn/atw/toxsource/summary.html.
(5) You must use the aREL values for hydrogen chloride and chlorine
found at http://www.oehha.ca.gov/air/acute_rels/acuterel.html.
(6) Cl2HCl ratios--(i) Ratio for calculating annual
average HCl-equivalent emission rates. (A) To calculate the annual
average HCl-equivalent emission rate (lb/hr) for each combustor, you
must apportion the total chlorine emission concentration (ppmv chloride
(Cl(-)) equivalent) between HCl and chlorine according to
the historical average Cl2/HCl volumetric ratio for all
regulatory compliance tests.
(B) You must calculate HCl and Cl2 emission rates (lb/
hr) using the apportioned emission concentrations and the gas flowrate
and other parameters from the most recent regulatory compliance test.
(C) You must calculate the annual average HCl-equivalent emission
rate using these HCl and Cl2 emission rates and the equation
in paragraph (b)(2) of this section.
(ii) Ratio for calculating 1-hour average HCl-equivalent emission
rates. (A) To calculate the 1-hour average HCl-equivalent emission rate
for each combustor as a criterion for you to determine under paragraph
(d) of this section if an hourly rolling average feedrate limit on
total chlorine and chloride may be waived, you must apportion the total
chlorine emission concentration (ppmv chloride (Cl(-))
equivalent) between HCl and chlorine
[[Page 59557]]
according to the historical highest Cl2/HCl volumetric ratio
for all regulatory compliance tests.
(B) You must calculate HCl and Cl2 emission rates (lb/
hr) using the apportioned emission concentrations and the gas flowrate
and other parameters from the most recent regulatory compliance test.
(C) You must calculate the 1-hour average HCl-equivalent emission
rate using the se HCl and Cl2 emission rates and the
equation in paragraph (b)(3) of this section.
(iii) Ratios for new sources. (A) You must use engineering
information to estimate the Cl2/HCl volumetric ratio for a
new source for the initial eligibility demonstration.
(B) You must use the Cl2/HCl volumetric ratio
demonstrated during the initial comprehensive performance test to
demonstrate in the Notification of Compliance that your HCl-equivalent
emission rate does not exceed your HCl-equivalent emission rate limit.
(C) When approving the test plan for the initial comprehensive
performance test, the permitting authority will establish a periodic
testing requirement, such as every 3 months for 1 year, to establish a
record of representative Cl2/HCl volumetric ratios.
(1) You must revise your HCl-equivalent emission rates and HCl-
equivalent emission rate limits after each such test using the
procedures prescribed in paragraphs (b)(6)(i) and (ii) of this section.
(2) If you no longer are eligible for the health-based compliance
alternative, you must notify the permitting authority immediately and
either:
(i) Submit a revised eligibility demonstration requesting lower
HCl-equivalent emission rate limits, establishing lower HCl-equivalent
emission rates, and establishing by downward extrapolation lower
feedrate limits for total chlorine and chloride; or
(ii) Request a compliance schedule of up to three years to
demonstrate compliance with the emission standards under Sec. Sec.
63.1216, 63.1217, 63.1219, 63.1220, and 63.1221.
(iv) Unrepresentative or inadequate historical Cl2/HCl
volumetric ratios. (A) If you believe that the Cl2/HCl
volumetric ratio for one or more historical regulatory compliance tests
is not representative of the current ratio, you may request that the
permitting authority allow you to screen those ratios from the analysis
of historical ratios.
(B) If the permitting authority believes that too few historical
ratios are available to calculate a representative average ratio or
establish a maximum ratio, the permitting authority may require you to
conduct periodic testing to establish representative ratios.
(v) Updating Cl2/HCl ratios. You must include the
Cl2/HCl volumetric ratio demonstrated during each
performance test in your data base of historical Cl2/HCl ratios to
update the ratios you establish under paragraphs (b)(6)(i) and (ii) of
this section for subsequent calculations of the annual average and 1-
hour average HCl-equivalent emission rates.
(7) Emission rates are capped. The hydrogen chloride and chlorine
emission rates you use to calculate the HCl-equivalent emission rate
limit for incinerators, cement kilns, and lightweight aggregate kilns
must not result in total chlorine emission concentrations exceeding:
(i) For incinerators that were existing sources on April 19, 1996:
77 parts per million by volume, combined emissions, expressed as
chloride (Cl(-)) equivalent, dry basis and corrected to 7
percent oxygen;
(ii) For incinerators that are new or reconstructed sources after
April 19, 1996: 21 parts per million by volume, combined emissions,
expressed as chloride (Cl(-)) equivalent, dry basis and
corrected to 7 percent oxygen;
(iii) For cement kilns that were existing sources on April 19,
1996: 130 parts per million by volume, combined emissions, expressed as
chloride (Cl(-)) equivalent, dry basis and corrected to 7
percent oxygen;
(iv) For cement kilns that are new or reconstructed sources after
April 19, 1996: 86 parts per million by volume, combined emissions,
expressed as chloride (Cl(-)) equivalent, dry basis and
corrected to 7 percent oxygen;
(v) For lightweight aggregate kilns that were existing sources on
April 19, 1996: 600 parts per million by volume, combined emissions,
expressed as chloride (Cl(-)) equivalent, dry basis and
corrected to 7 percent oxygen;
(vi) For lightweight aggregate kilns that are new or reconstructed
sources after April 19, 1996: 600 parts per million by volume, combined
emissions, expressed as chloride (Cl(-)) equivalent, dry
basis and corrected to 7 percent oxygen.
(c) Eligibility demonstration--(1) General. (i) You must perform an
eligibility demonstration to determine whether the total chlorine
emission rates you select for each on-site hazardous waste combustor
meet the national exposure standards using either a look-up table
analysis prescribed by paragraph (c)(3) of this section, or a site-
specific compliance demonstration prescribed by paragraph (c)(4) of
this section.
(ii) You must also determine in your eligibility demonstration
whether each combustor may exceed the 1-hour HCl-equivalent emission
rate limit absent an hourly rolling average limit on the feedrate of
total chlorine and chloride, as provided by paragraph (d) of this section.
(2) Definition of eligibility. (i) Eligibility for the risk-based
total chlorine standard is determined by comparing the annual average
HCl-equivalent emission rate for the total chlorine emission rate you
select for each combustor to the annual average HCl-equivalent emission
rate limit.
(ii) The annual average HCl-equivalent emission rate limit ensures
that the Hazard Index for chronic exposure from HCl and chlorine
emissions from all on-site hazardous waste combustors is less than or
equal to 1.0, rounded to the nearest tenths decimal place (0.1), for
the actual individual most exposed to the facility's emissions,
considering off-site locations where people reside and where people
congregate for work, school, or recreation.
(iii) Your facility is eligible for the health-based compliance
alternative for total chlorine if either:
(A) The annual average HCl-equivalent emission rate for each on-
site hazardous waste combustor is below the appropriate value in the
look-up table determined under paragraph (c)(3) of this section; or
(B) The annual average HCl-equivalent emission rate for each on-
site hazardous waste combustor is below the annual average HCl-
equivalent emission rate limit you calculate based on a site-specific
compliance demonstration under paragraph (c)(4) of this section.
(3) Look-up table analysis. Look-up tables for the eligibility
demonstration are provided as Tables 1 and 2 to this section.
(i) Table 1 presents annual average HCl-equivalent emission rate
limits for sources located in flat terrain. For purposes of this
analysis, flat terrain is terrain that rises to a level not exceeding
one half the stack height within a distance of 50 stack heights.
(ii) Table 2 presents annual average HCl-equivalent emission rate
limits for sources located in simple elevated terrain. For purposes of
this analysis, simple elevated terrain is terrain that rises to a level
exceeding one half the stack height, but that does not exceed the stack
height, within a distance of 50 stack heights.
(iii) To determine the annual average HCl-equivalent emission rate
limit for a
[[Page 59558]]
source from the look-up table, you must use the stack height and stack
diameter for your hazardous waste combustors and the distance between
the stack and the property boundary.
(iv) If any of these values for stack height, stack diameter, and
distance to nearest property boundary do not match the exact values in
the look-up table, you must use the next lowest table value.
(v) Adjusted HCl-equivalent emission rate limit for multiple on-
site combustors. (A) If you have more than one hazardous waste
combustor on site, the sum across all hazardous waste combustors of the
ratio of the adjusted HCl-equivalent emission rate limit to the HCl-
equivalent emission rate limit provided by Tables 1 or 2 cannot exceed
1.0, according to the following equation:
[GRAPHIC]
[TIFF OMITTED]
TR12OC05.003
Where:
i = number of on-site hazardous waste combustors;
HCl-Equivalent Emission Rate Limit Adjustedi means the
apportioned, allowable HCl-equivalent emission rate limit for combustor
i, and
HCl-Equivalent Emission Rate Limit Tablei means the HCl-
equivalent emission rate limit from Table 1 or 2 to Sec. 63.1215 for
combustor i.
(B) The adjusted HCl-equivalent emission rate limit becomes the
HCl-equivalent emission rate limit.
(4) Site-specific compliance demonstration. (i) You may use any
scientifically-accepted peer-reviewed risk assessment methodology for
your site-specific compliance demonstration to calculate an annual
average HCl-equivalent emission rate limit for each on-site hazardous
waste combustor. An example of one approach for performing the
demonstration for air toxics can be found in the EPA's ``Air Toxics
Risk Assessment Reference Library, Volume 2, Site-Specific Risk
Assessment Technical Resource Document,'' which may be obtained through
the EPA's Air Toxics Web site at
http://www.epa.gov/ttn/fera/risk_atra_main.html.
(ii) The annual average HCl-equivalent emission rate limit is the
HCl-equivalent emission rate that ensures that the Hazard Index
associated with maximum annual average exposures is not greater than
1.0 rounded to the nearest tenths decimal place (0.1).
(iii) To determine the annual average HCl-equivalent emission rate
limit, your site-specific compliance demonstration must, at a minimum:
(A) Estimate long-term inhalation exposures through the estimation
of annual or multi-year average ambient concentrations;
(B) Estimate the inhalation exposure for the actual individual most
exposed to the facility's emissions from hazardous waste combustors,
considering off-site locations where people reside and where people
congregate for work, school, or recreation;
(C) Use site-specific, quality-assured data wherever possible;
(D) Use health-protective default assumptions wherever site-
specific data are not available, and:
(E) Contain adequate documentation of the data and methods used for
the assessment so that it is transparent and can be reproduced by an
experienced risk assessor and emissions measurement expert.
(iv) Your site-specific compliance demonstration need not:
(A) Assume any attenuation of exposure concentrations due to the
penetration of outdoor pollutants into indoor exposure areas;
(B) Assume any reaction or deposition of the emitted pollutants
during transport from the emission point to the point of exposure.
(d) Assurance that the 1-hour HCl-equivalent emission rate limit
will not be exceeded. To ensure that the 1-hour HCl-equivalent emission
rate limit will not be exceeded when complying with the annual average
HCl-equivalent emission rate limit, you must establish a 1-hour average
HCl-equivalent emission rate for each combustor, establish a 1-hour
average HCl-equivalent emission rate limit for each combustor, and
consider site-specific factors including prescribed criteria to
determine if the 1-hour average HCl-equivalent emission rate limit may
be exceeded absent an hourly rolling average limit on the feedrate of
total chlorine and chloride. If the 1-hour average HCl-equivalent
emission rate limit may be exceeded, you must establish an hourly
rolling average feedrate limit on total chlorine as provided by
paragraph (f)(3) of this section.
(1) 1-hour average HCl-equivalent emission rate. You must calculate
the 1-hour average HCl-equivalent emission rate from the total chlorine
emission concentration you select for each source as prescribed in
paragraph (b)(6)(ii)(C) of this section.
(2) 1-hour average HCl-equivalent emission rate limit. You must
establish the 1-hour average HCl-equivalent emission rate limit for
each affected source using either a look-up table analysis or site-
specific analysis:
(i) Look-up table analysis. Look-up tables are provided for 1-hour
average HCl-equivalent emission rate limits as Table 3 and Table 4 to
this section. Table 3 provides limits for facilities located in flat
terrain. Table 4 provides limits for facilities located in simple
elevated terrain. You must use the Tables to establish 1-hour average
HCl-equivalent emission rate limits as prescribed in paragraphs
(c)(3)(iii) through (c)(3)(v) of this section for annual average HCl-
equivalent emission rate limits.
(ii) Site-specific analysis. The 1-hour average HCl-equivalent
emission rate limit is the HCl-equivalent emission rate that ensures
that the Hazard Index associated with maximum 1-hour average exposures
is not greater than 1.0 rounded to the nearest tenths decimal place
(0.1). You must follow the risk assessment procedures under paragraph
(c)(4) of this section to estimate short-term inhalation exposures
through the estimation of maximum 1-hour average ambient concentrations.
(3) Criteria for determining whether the 1-hour HCl-equivalent
emission rate may be exceeded absent an hourly rolling average limit on
the feedrate of total chlorine and chloride. An hourly rolling average
feedrate limit on total chlorine and chloride is waived if you
determine considering the criteria listed below that the long-term
feedrate limit (and averaging period) established under paragraph
(c)(4)(i) of this section will also ensure that the 1-hour average HCl-
equivalent emission rate will not exceed the 1-hour average HCl-
equivalent emission rate limit you calculate for each combustor.
(i) The ratio of the 1-hour average HCl-equivalent emission rate
based on the total chlorine emission rate you select for each hazardous
waste combustor to the 1-hour average HCl-equivalent emission rate
limit for the combustor; and
(ii) The potential for the source to vary total chlorine and chloride
[[Page 59559]]
feedrates substantially over the averaging period for the feedrate
limit established under paragraph (c)(4)(i) of this section.
(e) Review and approval of eligibility demonstrations--(1) Content
of the eligibility demonstration--(i) General. The eligibility
demonstration must include the following information, at a minimum:
(A) Identification of each hazardous waste combustor combustion gas
emission point (e.g., generally, the flue gas stack);
(B) The maximum and average capacity at which each combustor will
operate, and the maximum rated capacity for each combustor, using the
metric of stack gas volume (under both actual and standard conditions)
emitted per unit of time, as well as any other metric that is
appropriate for the combustor (e.g., million Btu/hr heat input for
boilers; tons of dry raw material feed/hour for cement kilns);
(C) Stack parameters for each combustor, including, but not limited
to stack height, stack diameter, stack gas temperature, and stack gas
exit velocity;
(D) Plot plan showing all stack emission points, nearby residences
and property boundary line;
(E) Identification of any stack gas control devices used to reduce
emissions from each combustor;
(F) Identification of the RfC values used to calculate annual
average HCl-equivalent emission rates and the aREL values used to
calculate 1-hour average HCl-equivalent emission rates;
(G) Calculations used to determine the annual average and 1-hour
average HCl-equivalent emission rates and rate limits, including
calculation of the Cl2/HCl ratios as prescribed by paragraph
(b)(6) of this section;
(ii) Additional content to implement the annual average HCl-
equivalent emission rate limit. You must include the following in your
eligibility demonstration to implement the annual average HCl-
equivalent emission rate limit:
(A) For incinerators, cement kilns, and lightweight aggregate
kilns, calculations to confirm that the annual average HCl-equivalent
emission rate that you calculate from the total chlorine emission rate
you select for each combustor does not exceed the limits provided by
paragraph (b)(7) of this section;
(B) Comparison of the annual average HCl-equivalent emission rate
limit for each combustor to the annual average HCl-equivalent emission
rate for the total chlorine emission rate you select for each combustor;
(C) The annual average HCl-equivalent emission rate limit for each
hazardous waste combustor, and the limits on operating parameters
required under paragraph (g)(1) of this section;
(D) Determination of the long-term chlorine feedrate limit,
including the total chlorine system removal efficiency for sources that
establish an (up to) annual rolling average feedrate limit under
paragraph (g)(2)(ii) of this section;
(iii) Additional content to implement the 1-hour average HCl-
equivalent emission rate limit. You must include the following in your
eligibility demonstration to implement the 1-hour average HCl-
equivalent emission rate limit:
(A) Determination of whether the combustor may exceed the 1-hour
HCl-equivalent emission rate limit absent an hourly rolling average
chlorine feedrate limit, including:
(1) Determination of the 1-hour average HCl-equivalent emission
rate from the total chlorine emission rate you select for the combustor;
(2) Determination of the 1-hour average HCl-equivalent emission
rate limit using either look-up Tables 3 and 4 to this section or site-
specific risk analysis;
(3) Determination of the ratio of the 1-hour average HCl-equivalent
emission rate to the 1-hour average HCl-equivalent emission rate limit
for the combustor; and
(4) The potential for the source to vary total chlorine and
chloride feedrates substantially over the averaging period for the
long-term feedrate limit established under paragraphs (g)(2)(i) and
(g)(2)(ii) of this section; and
(B) Determination of the hourly rolling average chlorine feedrate
limit, including the total chlorine system removal efficiency.
(iv) Additional content of a look-up table demonstration. If you
use the look-up table analysis to establish HCl-equivalent emission
rate limits, your eligibility demonstration must also contain, at a
minimum, the following:
(A) Documentation that the facility is located in either flat or
simple elevated terrain; and
(B) For facilities with more than one on-site hazardous waste
combustor, documentation that the sum of the ratios for all such
combustors of the HCl-equivalent emission rate to the HCl-equivalent
emission rate limit does not exceed 1.0.
(v) Additional content of a site-specific compliance demonstration.
If you use a site-specific compliance demonstration, your eligibility
demonstration must also contain, at a minimum, the following
information to support your determination of the annual average HCl-
equivalent emission rate limit for each combustor:
(A) Identification of the risk assessment methodology used;
(B) Documentation of the fate and transport model used;
(C) Documentation of the fate and transport model inputs, including
the stack parameters listed in paragraph (d)(1)(i)(C) of this section
converted to the dimensions required for the model;
(D) As applicable:
(1) Meteorological data;
(2) Building, land use, and terrain data;
(3) Receptor locations and population data, including areas where
people congregate for work, school, or recreation; and
(4) Other facility-specific parameters input into the model;
(E) Documentation of the fate and transport model outputs; and
(F) Documentation of any exposure assessment and risk
characterization calculations.
(2) Review and approval--(i) Existing sources. (A) If you operate
an existing source, you must submit the eligibility demonstration to
your permitting authority for review and approval not later than 12
months prior to the compliance date. You must also submit a separate
copy of the eligibility demonstration to: U.S. EPA, Risk and Exposure
Assessment Group, Emission Standards Division (C404-01), Attn: Group
Leader, Research Triangle Park, North Carolina 27711, electronic mail
address REAG@epa.gov.
(B) Your permitting authority should notify you of approval or
intent to disapprove your eligibility demonstration within 6 months
after receipt of the original demonstration, and within 3 months after
receipt of any supplemental information that you submit. A notice of
intent to disapprove your eligibility demonstration, whether before or
after the compliance date, will identify incomplete or inaccurate
information or noncompliance with prescribed procedures and specify how
much time you will have to submit additional information or to achieve
the MACT standards for total chlorine under Sec. Sec. 63.1216,
63.1217, 63.1219, 63.1220, and 63.1221. If your eligibility
demonstration is disapproved, the permitting authority may extend the
compliance date of the total chlorine standards to allow you to make
changes to the design or operation of the combustor or related systems
as quickly as practicable to enable you to achieve compliance with the
MACT total chlorine standards.
[[Page 59560]]
(C) If your permitting authority has not approved your eligibility
demonstration by the compliance date, and has not issued a notice of
intent to disapprove your demonstration, you may nonetheless begin
complying, on the compliance date, with the HCl-equivalent emission
rate limits you present in your eligibility demonstration.
(D) If your permitting authority issues a notice of intent to
disapprove your eligibility demonstration after the compliance date,
the authority will identify the basis for that notice and specify how
much time you will have to submit additional information or to comply
with the MACT standards for total chlorine under Sec. Sec. 63.1216,
63.1217, 63.1219, 63.1220, and 63.1221. The permitting authority may
extend the compliance date of the total chlorine standards to allow you
to make changes to the design or operation of the combustor or related
systems as quickly as practicable to enable you to achieve compliance
with the MACT standards for total chlorine.
(ii) New or reconstructed sources. (A) General. The procedures for
review and approval of eligibility demonstrations applicable to
existing sources under paragraph (e)(2)(i) of this section also apply
to new or reconstructed sources, except that the date you must submit
the eligibility demonstration is as prescribed in this paragraph (e)(2)(ii).
(B) If you operate a new or reconstructed source that starts up
before April 12, 2007, or a solid fuel boiler or liquid fuel boiler
that is an area source that increases its emissions or its potential to
emit such that it becomes a major source of HAP before April 12, 2007,
you must either:
(1) Comply with the final total chlorine emission standards under
Sec. Sec. 63.1216, 63.1217, 63.1219, 63.1220, and 63.1221, by October
12, 2005, or upon startup, whichever is later, except for a standard
that is more stringent than the standard proposed on April 20, 2004 for
your source. If a final standard is more stringent than the proposed
standard, you may comply with the proposed standard until October 14,
2008, after which you must comply with the final standard; or
(2) Submit an eligibility demonstration for review and approval
under this section by April 12, 2006, and comply with the HCl-
equivalent emission rate limits and operating requirements you
establish in the eligibility demonstration.
(C) If you operate a new or reconstructed source that starts up on
or after April 12, 2007, or a solid fuel boiler or liquid fuel boiler
that is an area source that increases its emissions or its potential to
emit such that it becomes a major source of HAP on or after April 12,
2007, you must either:
(1) Comply with the final total chlorine emission standards under
Sec. Sec. 63.1216, 63.1217, 63.1219, 63.1220, and 63.1221 upon
startup. If the final standard is more stringent than the standard
proposed for your source on April 20, 2004, however, and if you start
operations before October 14, 2008, you may comply with the proposed
standard until October 14, 2008, after which you must comply with the
final standard; or
(2) Submit an eligibility demonstration for review and approval
under this section 12 months prior to startup.
(f) Testing requirements--(1) General. You must comply with the
requirements for comprehensive performance testing under Sec. 63.1207.
(2) System removal efficiency. (i) You must calculate the total
chlorine removal efficiency of the combustor during each run of the
comprehensive performance test.
(ii) You must calculate the average system removal efficiency as
the average of the test run averages.
(iii) If your source does not control emissions of total chlorine,
you must assume zero system removal efficiency.
(3) Annual average HCl-equivalent emission rate limit. If emissions
during the comprehensive performance test exceed the annual average
HCl-equivalent emission rate limit, eligibility for emission limits
under this section is not affected. This emission rate limit is an
annual average limit even though compliance is based on a 12-hour or
(up to) an annual rolling average feedrate limit on total chlorine and
chloride because the feedrate limit is also used for compliance
assurance for the semivolatile metal emission standard
(4) 1-hour average HCl-equivalent emission rate limit. Total
chlorine emissions during each run of the comprehensive performance
test cannot exceed the 1-hour average HCl-equivalent emission rate limit.
(5) Test methods. (i) If you operate a cement kiln or a combustor
equipped with a dry acid gas scrubber, you must use EPA Method 320/321
or ASTM D 6735-01, or an equivalent method, to measure hydrogen
chloride, and the back-half (caustic impingers) of Method 26/26A, or an
equivalent method, to measure chlorine gas.
(ii) Bromine and sulfur considerations. If you operate an
incinerator, boiler, or lightweight aggregate kiln and your feedstreams
contain bromine or sulfur during the comprehensive performance test at
levels specified under paragraph (e)(2)(ii)(B) of this section, you
must use EPA Method 320/321 or ASTM D 6735-01, or an equivalent method,
to measure hydrogen chloride, and Method 26/26A, or an equivalent
method, to measure chlorine and hydrogen chloride, and determine your
chlorine emissions as follows:
(A) You must determine you chlorine emissions to be the higher of
the value measured by Method 26/26A, or an equivalent method, or the
value calculated by difference between the combined hydrogen chloride
and chlorine levels measured by Method 26/26a, or an equivalent method,
and the hydrogen chloride measurement from EPA Method 320/321 or ASTM D
6735-01, or an equivalent method.
(B) The procedures under paragraph (f)(2)(ii) of this section for
determining hydrogen chloride and chlorine emissions apply if you feed
bromine or sulfur during the performance test at the levels specified
in this paragraph (f)(5)(ii)(B):
(1) If the bromine/chlorine ratio in feedstreams is greater than 5
percent by mass; or
(2) If the sulfur/chlorine ratio in feedstreams is greater than 50
percent by mass.
(g) Monitoring requirements. (1) General. You must establish and
comply with limits on the same operating parameters that apply to
sources complying with the MACT standard for total chlorine under Sec.
63.1209(o), except that feedrate limits on total chlorine and chloride
must be established according to paragraphs (g)(2) and (g)(3) of this
section:
(2) Feedrate limit to ensure compliance with the annual average
HCl-equivalent emission rate limit. (i) For sources subject to the
feedrate limit for total chlorine and chloride under Sec.
63.1209(n)(4) to ensure compliance with the semivolatile metals standard:
(A) The feedrate limit (and averaging period) for total chlorine
and chloride to ensure compliance with the annual average HCl-
equivalent emission rate limit is the same as required by Sec.
63.1209(n)(4), except as provided by paragraph (g)(2)(i)(B) of this section.
(B) The numerical value of the total chlorine and chloride feedrate
limit (i.e., not considering the averaging period) you establish under
Sec. 63.1209(n)(4) must not exceed the value you calculate as the
annual average HCl-equivalent emission rate limit (lb/hr) divided by [1
- system removal efficiency], where the system removal efficiency is
calculated as prescribed by paragraph (f)(2) of this section.
[[Page 59561]]
(ii) For sources exempt from the feedrate limit for total chlorine
and chloride under Sec. 63.1209(n)(4) because they comply with Sec.
63.1207(m)(2), the feedrate limit for total chlorine and chloride to
ensure compliance with the annual average HCl-equivalent emission rate
must be established as follows:
(A) You must establish an average period for the feedrate limit
that does not exceed an annual rolling average;
(B) The numerical value of the total chlorine and chloride feedrate
limit (i.e., not considering the averaging period) must not exceed the
value you calculate as the annual average HCl-equivalent emission rate
limit (lb/hr) divided by [1 - system removal efficiency], where the
system removal efficiency is calculated as prescribed by paragraph
(f)(2) of this section.
(C) You must calculate the initial rolling average as though you
had selected a 12-hour rolling average, as provided by paragraph
(b)(5)(i) of this section. You must calculate rolling averages
thereafter as the average of the available one-minute values until
enough one-minute values are available to calculate the rolling average
period you select. At that time and thereafter, you update the rolling
average feedrate each hour with a 60-minute average feedrate.
(3) Feedrate limit to ensure compliance with the 1-hour average
HCl-equivalent emission rate limit. (i) You must establish an hourly
rolling average feedrate limit on total chlorine and chloride to ensure
compliance with the 1-hour average HCl-equivalent emission rate limit
unless you determine that the hourly rolling average feedrate limit is
waived under paragraph (d) of this section.
(ii) You must calculate the hourly rolling average feedrate limit
for total chlorine and chloride as the 1-hour average HCl-equivalent
emission rate limit (lb/hr) divided by [1 - system removal efficiency],
where the system removal efficiency is calculated as prescribed by
paragraph (f)(2)(ii) of this section.
(h) Changes--(1) Changes over which you have control. (i) Changes
that would affect the HCl-equivalent emission rate limit. (A) If you
plan to change the design, operation, or maintenance of the facility in
a manner than would decrease the annual average or 1-hour average HCl-
equivalent emission rate limit, you must submit to the permitting
authority prior to the change a revised eligibility demonstration
documenting the lower emission rate limits and calculations of reduced
total chlorine and chloride feedrate limits.
(B) If you plan to change the design, operation, or maintenance of
the facility in a manner than would increase the annual average or 1-
hour average HCl-equivalent emission rate limit, and you elect to
increase your total chlorine and chloride feedrate limits. You must
also submit to the permitting authority prior to the change a revised
eligibility demonstration documenting the increased emission rate limits
and calculations of the increased feedrate limits prior to the change.
(ii) Changes that could affect system removal efficiency. (A) If
you plan to change the design, operation, or maintenance of the
combustor in a manner than could decrease the system removal
efficiency, you are subject to the requirements of Sec. 63.1206(b)(5)
for conducting a performance test to reestablish the combustor's system
removal efficiency and you must submit a revised eligibility
demonstration documenting the lower system removal efficiency and the
reduced feedrate limits on total chlorine and chloride.
(B) If you plan to change the design, operation, or maintenance of
the combustor in a manner than could increase the system removal
efficiency, and you elect to document the increased system removal
efficiency to establish higher feedrate limits on total chlorine and
chloride, you are subject to the requirements of Sec. 63.1206(b)(5)
for conducting a performance test to reestablish the combustor's system
removal efficiency. You must also submit to the permitting authority a
revised eligibility demonstration documenting the higher system removal
efficiency and the increased feedrate limits on total chlorine and chloride.
(2) Changes over which you do not have control that may decrease
the HCl-equivalent emission rate limits. These requirements apply if
you use a site-specific risk assessment under paragraph (c)(4) of this
section to demonstrate eligibility for the health-based limits.
(i) Proactive review. You must review the documentation you use in
your eligibility demonstration every five years from the date of the
comprehensive performance test and submit for review and approval with
the comprehensive performance test plan either a certification that the
information used in your eligibility demonstration has not changed in a
manner that would decrease the annual average or 1-hour average HCl-
equivalent emission rate limit, or a revised eligibility demonstration.
(ii) Reactive review. If in the interim between your comprehensive
performance tests you have reason to know of changes that would
decrease the annual average or 1-hour average HCl-equivalent emission
rate limit, you must submit a revised eligibility demonstration as soon
as practicable but not more frequently than annually.
(iii) Compliance schedule. If you determine that you cannot
demonstrate compliance with a lower annual average HCl-equivalent
emission rate limit during the comprehensive performance test because
you need additional time to complete changes to the design or operation
of the source, you may request that the permitting authority grant you
additional time to make those changes as quickly as practicable.
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? 17. Section 63.1216 and an undesignated center heading are added to
subpart EEE to read as follows:
Emissions Standards and Operating Limits for Solid Fuel Boilers, Liquid
Fuel Boilers, and Hydrochloric Acid Production Furnaces
Sec. 63.1216 What are the standards for solid fuel boilers that burn
hazardous waste?
(a) Emission limits for existing sources. You must not discharge or
cause combustion gases to be emitted into the atmosphere that contain:
(1) For dioxins and furans, either carbon monoxide or hydrocarbon
emissions in excess of the limits provided by paragraph (a)(5) of this
section;
(2) Mercury in excess of 11 [mu]g/dscm corrected to 7 percent oxygen;
(3) For cadmium and lead combined, except for an area source as
defined under Sec. 63.2, emissions in excess of 180 [mu]g/dscm,
corrected to 7 percent oxygen;
(4) For arsenic, beryllium, and chromium combined, except for an
area source as defined under Sec. 63.2, emissions in excess of 380
[mu]g/dscm, corrected to 7 percent oxygen;
(5) For carbon monoxide and hydrocarbons, either:
(i) Carbon monoxide in excess of 100 parts per million by volume,
over an hourly rolling average (monitored continuously with a
continuous emissions monitoring system), dry basis and corrected to 7
percent oxygen. If
[[Page 59566]]
you elect to comply with this carbon monoxide standard rather than the
hydrocarbon standard under paragraph (a)(5)(ii) of this section, you
must also document that, during the destruction and removal efficiency
(DRE) test runs or their equivalent as provided by Sec. 63.1206(b)(7),
hydrocarbons do not exceed 10 parts per million by volume during those
runs, over an hourly rolling average (monitored continuously with a
continuous emissions monitoring system), dry basis, corrected to 7
percent oxygen, and reported as propane; or
(ii) Hydrocarbons in excess of 10 parts per million by volume, over
an hourly rolling average (monitored continuously with a continuous
emissions monitoring system), dry basis, corrected to 7 percent oxygen,
and reported as propane;
(6) For hydrogen chloride and chlorine combined, except for an area
source as defined under Sec. 63.2, emissions in excess of 440 parts
per million by volume, expressed as a chloride (Cl(-))
equivalent, dry basis and corrected to 7 percent oxygen; and
(7) For particulate matter, except for an area source as defined
under Sec. 63.2 or as provided by paragraph (e) of this section,
emissions in excess of 68 mg/dscm corrected to 7 percent oxygen.
(b) Emission limits for new sources. You must not discharge or
cause combustion gases to be emitted into the atmosphere that contain:
(1) For dioxins and furans, either carbon monoxide or hydrocarbon
emissions in excess of the limits provided by paragraph (b)(5) of this
section;
(2) Mercury in excess of 11 [mu]g/dscm corrected to 7 percent oxygen;
(3) For cadmium and lead combined, except for an area source as
defined under Sec. 63.2, emissions in excess of 180 [mu]g/dscm,
corrected to 7 percent oxygen;
(4) For arsenic, beryllium, and chromium combined, except for an
area source as defined under Sec. 63.2, emissions in excess of 190
[mu]g/dscm, corrected to 7 percent oxygen;
(5) For carbon monoxide and hydrocarbons, either:
(i) Carbon monoxide in excess of 100 parts per million by volume,
over an hourly rolling average (monitored continuously with a
continuous emissions monitoring system), dry basis and corrected to 7
percent oxygen. If you elect to comply with this carbon monoxide
standard rather than the hydrocarbon standard under paragraph
(b)(5)(ii) of this section, you must also document that, during the
destruction and removal efficiency (DRE) test runs or their equivalent
as provided by Sec. 63.1206(b)(7), hydrocarbons do not exceed 10 parts
per million by volume during those runs, over an hourly rolling average
(monitored continuously with a continuous emissions monitoring system),
dry basis, corrected to 7 percent oxygen, and reported as propane; or
(ii) Hydrocarbons in excess of 10 parts per million by volume, over
an hourly rolling average (monitored continuously with a continuous
emissions monitoring system), dry basis, corrected to 7 percent oxygen,
and reported as propane;
(6) For hydrogen chloride and chlorine combined, except for an area
source as defined under Sec. 63.2, emissions in excess of 73 parts per
million by volume, expressed as a chloride (Cl(-))
equivalent, dry basis and corrected to 7 percent oxygen; and
(7) For particulate matter, except for an area source as defined
under Sec. 63.2 or as provided by paragraph (e) of this section,
emissions in excess of 34 mg/dscm corrected to 7 percent oxygen.
(c) Destruction and removal efficiency (DRE) standard. (1) 99.99%
DRE. Except as provided in paragraph (c)(2) of this section, you must
achieve a DRE of 99.99% for each principle organic hazardous
constituent (POHC) designated under paragraph (c)(3) of this section.
You must calculate DRE for each POHC from the following equation:
DRE = [1 - (Wout / Win)]
x 100%
Where:
Win = mass feedrate of one POHC in a waste feedstream;
and
Wout = mass emission rate of the same POHC present in
exhaust emissions prior to release to the atmosphere.
(2) 99.9999% DRE. If you burn the dioxin-listed hazardous wastes
F020, F021, F022, F023, F026, or F027 (see Sec. 261.31 of this
chapter), you must achieve a DRE of 99.9999% for each POHC that you
designate under paragraph (c)(3) of this section. You must demonstrate
this DRE performance on POHCs that are more difficult to incinerate
than tetra-, penta-, and hexachlorodibenzo-p-dioxins and dibenzofurans.
You must use the equation in paragraph (c)(1) of this section to
calculate DRE for each POHC. In addition, you must notify the
Administrator of your intent to incinerate hazardous wastes F020, F021,
F022, F023, F026, or F027.
(3) Principal organic hazardous constituents (POHCs). (i) You must
treat the POHCs in the waste feed that you specify under paragraph
(c)(3)(ii) of this section to the extent required by paragraphs (c)(1)
and (c)(2) of this section.
(ii) You must specify one or more POHCs that are representative of
the most difficult to destroy organic compounds in your hazardous waste
feedstream. You must base this specification on the degree of
difficulty of incineration of the organic constituents in the hazardous
waste and on their concentration or mass in the hazardous waste feed,
considering the results of hazardous waste analyses or other data and
information.
(d) Significant figures. The emission limits provided by paragraphs
(a) and (b) of this section are presented with two significant figures.
Although you must perform intermediate calculations using at least
three significant figures, you may round the resultant emission levels
to two significant figures to document compliance.
(e) Alternative to the particulate matter standard. (1) General. In
lieu of complying with the particulate matter standards of this
section, you may elect to comply with the following alternative metal
emission control requirement:
(2) Alternative metal emission control requirements for existing
solid fuel boilers. (i) You must not discharge or cause combustion
gases to be emitted into the atmosphere that contain cadmium, lead, and
selenium in excess of 180 [mu]g/dscm, combined emissions, corrected to
7 percent oxygen; and,
(ii) You must not discharge or cause combustion gases to be emitted
into the atmosphere that contain antimony, arsenic, beryllium,
chromium, cobalt, manganese, and nickel in excess of 380 [mu]g/dscm,
combined emissions, corrected to 7 percent oxygen.
(3) Alternative metal emission control requirements for new solid
fuel boilers. (i) You must not discharge or cause combustion gases to
be emitted into the atmosphere that contain cadmium, lead, and selenium
in excess of 180 [mu]g/dscm, combined emissions, corrected to 7 percent
oxygen; and,
(ii) You must not discharge or cause combustion gases to be emitted
into the atmosphere that contain antimony, arsenic, beryllium,
chromium, cobalt, manganese, and nickel in excess of 190 [mu]g/dscm,
combined emissions, corrected to 7 percent oxygen.
(4) Operating limits. Semivolatile and low volatile metal operating
parameter limits must be established to ensure compliance with the
alternative emission limitations described in paragraphs (e)(2) and
(e)(3) of this section pursuant to Sec. 63.1209(n), except that
semivolatile metal feedrate limits apply to lead, cadmium, and
selenium, combined, and low volatile metal feedrate limits apply to arsenic,
[[Page 59567]]
beryllium, chromium, antimony, cobalt, manganese, and nickel, combined.
(f) Elective standards for area sources. Area sources as defined
under Sec. 63.2 are subject to the standards for cadmium and lead, the
standards for arsenic, beryllium, and chromium, the standards for
hydrogen chloride and chlorine, and the standards for particulate
matter under this section if they elect under Sec. 266.100(b)(3) of
this chapter to comply with those standards in lieu of the standards
under 40 CFR 266.105, 266.106, and 266.107 to control those pollutants.
? 18. Section 63.1217 is added to read as follows:
Sec. 63.1217 What are the standards for liquid fuel boilers that burn
hazardous waste?
(a) Emission limits for existing sources. You must not discharge or
cause combustion gases to be emitted into the atmosphere that contain:
(1)(i) Dioxins and furans in excess of 0.40 ng TEQ/dscm, corrected
to 7 percent oxygen, for liquid fuel boilers equipped with a dry air
pollution control system; or
(ii) Either carbon monoxide or hydrocarbon emissions in excess of
the limits provided by paragraph (a)(5) of this section for sources not
equipped with a dry air pollution control system;
(iii) A source equipped with a wet air pollution control system
followed by a dry air pollution control system is not considered to be
a dry air pollution control system, and a source equipped with a dry
air pollution control system followed by a wet air pollution control
system is considered to be a dry air pollution control system for
purposes of this emission limit;
(2) For mercury, except as provided for in paragraph (a)(2)(iii) of
this section:
(i) When you burn hazardous waste with an as-fired heating value
less than 10,000 Btu/lb, emissions in excess of 19 [mu]g/dscm,
corrected to 7 percent oxygen, on an (not-to-exceed) annual averaging
period;
(ii) When you burn hazardous waste with an as-fired heating value
10,000 Btu/lb or greater, emissions in excess of 4.2 x 10-5
lbs mercury attributable to the hazardous waste per million Btu heat
input from the hazardous waste on an (not-to-exceed) annual averaging
period;
(iii) The boiler operated by Diversified Scientific Services, Inc.
with EPA identification number TND982109142, and which burns
radioactive waste mixed with hazardous waste, must comply with the
mercury emission standard under Sec. 63.1219(a)(2);
(3) For cadmium and lead combined, except for an area source as
defined under Sec. 63.2,
(i) When you burn hazardous waste with an as-fired heating value
less than 10,000 Btu/lb, emissions in excess of 150 [mu]g/dscm,
corrected to 7 percent oxygen, on an (not-to-exceed) annual averaging
period;
(ii) When you burn hazardous waste with an as-fired heating value
of 10,000 Btu/lb or greater, emissions in excess of 8.2 x
10-5 lbs combined cadmium and lead emissions attributable to
the hazardous waste per million Btu heat input from the hazardous waste
on an (not-to-exceed) annual averaging period;
(4) For chromium, except for an area source as defined under Sec. 63.2:
(i) When you burn hazardous waste with an as-fired heating value
less than 10,000 Btu/lb, emissions in excess of 370 [mu]g/dscm,
corrected to 7 percent oxygen;
(ii) When you burn hazardous waste with an as-fired heating value
of 10,000 Btu/lb or greater, emissions in excess of 1.3 x
10-4 lbs chromium emissions attributable to the hazardous
waste per million Btu heat input from the hazardous waste;
(5) For carbon monoxide and hydrocarbons, either:
(i) Carbon monoxide in excess of 100 parts per million by volume,
over an hourly rolling average (monitored continuously with a
continuous emissions monitoring system), dry basis and corrected to 7
percent oxygen. If you elect to comply with this carbon monoxide
standard rather than the hydrocarbon standard under paragraph
(a)(5)(ii) of this section, you must also document that, during the
destruction and removal efficiency (DRE) test runs or their equivalent
as provided by Sec. 63.1206(b)(7), hydrocarbons do not exceed 10 parts
per million by volume during those runs, over an hourly rolling average
(monitored continuously with a continuous emissions monitoring system),
dry basis, corrected to 7 percent oxygen, and reported as propane; or
(ii) Hydrocarbons in excess of 10 parts per million by volume, over
an hourly rolling average (monitored continuously with a continuous
emissions monitoring system), dry basis, corrected to 7 percent oxygen,
and reported as propane;
(6) For hydrogen chloride and chlorine, except for an area source
as defined under Sec. 63.2:
(i) When you burn hazardous waste with an as-fired heating value
less than 10,000 Btu/lb, emissions in excess of 31 parts per million by
volume, combined emissions, expressed as a chloride (Cl(-))
equivalent, dry basis and corrected to 7 percent oxygen;
(ii) When you burn hazardous waste with an as-fired heating value
of 10,000 Btu/lb or greater, emissions in excess of 5.08 x
10-2 lbs combined emissions of hydrogen chloride and
chlorine gas attributable to the hazardous waste per million Btu heat
input from the hazardous waste;
(7) For particulate matter, except for an area source as defined
under Sec. 63.2 or as provided by paragraph (e) of this section,
emissions in excess of 80 mg/dscm corrected to 7 percent oxygen.
(b) Emission limits for new sources. You must not discharge or
cause combustion gases to be emitted into the atmosphere that contain:
(1)(i) Dioxins and furans in excess of 0.40 ng TEQ/dscm, corrected
to 7 percent oxygen, for liquid fuel boilers equipped with a dry air
pollution control system; or
(ii) Either carbon monoxide or hydrocarbon emissions in excess of
the limits provided by paragraph (b)(5) of this section for sources not
equipped with a dry air pollution control system;
(iii) A source equipped with a wet air pollution control system
followed by a dry air pollution control system is not considered to be
a dry air pollution control system, and a source equipped with a dry
air pollution control system followed by a wet air pollution control
system is considered to be a dry air pollution control system for
purposes of this emission limit;
(2) For mercury:
(i) When you burn hazardous waste with an as-fired heating value
less than 10,000 Btu/lb, emissions in excess of 6.8 [mu]g/dscm, corrected
to 7 percent oxygen, on an (not-to-exceed) annual averaging period;
(ii) When you burn hazardous waste with an as-fired heating value
of 10,000 Btu/lb or greater, emissions in excess of 1.2 x
10-6 lbs mercury emissions attributable to the hazardous
waste per million Btu heat input from the hazardous waste on an (not-
to-exceed) annual averaging period;
(3) For cadmium and lead combined, except for an area source as
defined under Sec. 63.2:
(i) When you burn hazardous waste with an as-fired heating value
less than 10,000 Btu/lb, emissions in excess of 78 [mu]g/dscm, corrected
to 7 percent oxygen, on an (not-to-exceed) annual averaging period;
(ii) When you burn hazardous waste with an as-fired heating value
greater than or equal to 10,000 Btu/lb, emissions in excess of 6.2 x
10-6 lbs combined cadmium and lead emissions attributable to
the hazardous waste per
[[Page 59568]]
million Btu heat input from the hazardous waste on an (not-to-exceed)
annual averaging period;
(4) For chromium, except for an area source as defined under Sec. 63.2:
(i) When you burn hazardous waste with an as-fired heating value
less than 10,000 Btu/lb, emissions in excess of 12 [mu]g/dscm,
corrected to 7 percent oxygen;
(ii) When you burn hazardous waste with an as-fired heating value
of 10,000 Btu/lb or greater, emissions in excess of 1.4 x
10-5 lbs chromium emissions attributable to the hazardous
waste per million Btu heat input from the hazardous waste;
(5) For carbon monoxide and hydrocarbons, either:
(i) Carbon monoxide in excess of 100 parts per million by volume,
over an hourly rolling average (monitored continuously with a
continuous emissions monitoring system), dry basis and corrected to 7
percent oxygen. If you elect to comply with this carbon monoxide
standard rather than the hydrocarbon standard under paragraph
(b)(5)(ii) of this section, you must also document that, during the
destruction and removal efficiency (DRE) test runs or their equivalent
as provided by Sec. 63.1206(b)(7), hydrocarbons do not exceed 10 parts
per million by volume during those runs, over an hourly rolling average
(monitored continuously with a continuous emissions monitoring system),
dry basis, corrected to 7 percent oxygen, and reported as propane; or
(ii) Hydrocarbons in excess of 10 parts per million by volume, over
an hourly rolling average (monitored continuously with a continuous
emissions monitoring system), dry basis, corrected to 7 percent oxygen,
and reported as propane;
(6) For hydrogen chloride and chlorine, except for an area source
as defined under Sec. 63.2:
(i) When you burn hazardous waste with an as-fired heating value
less than 10,000 Btu/lb, emissions in excess of 31 parts per million by
volume, combined emissions, expressed as a chloride (Cl(-))
equivalent, dry basis and corrected to 7 percent oxygen;
(ii) When you burn hazardous waste with an as-fired heating value
of 10,000 Btu/lb or greater, emissions in excess of 5.08 x
10-2 lbs combined emissions of hydrogen chloride and
chlorine gas attributable to the hazardous waste per million Btu heat
input from the hazardous waste;
(7) For particulate matter, except for an area source as defined
under Sec. 63.2 or as provided by paragraph (e) of this section,
emissions in excess of 20 mg/dscm corrected to 7 percent oxygen.
(c) Destruction and removal efficiency (DRE) standard. (1) 99.99%
DRE. Except as provided in paragraph (c)(2) of this section, you must
achieve a DRE of 99.99% for each principle organic hazardous
constituent (POHC) designated under paragraph (c)(3) of this section.
You must calculate DRE for each POHC from the following equation:
DRE = [1 - (Wout / Win)]
x 100%
Where:
Win = mass feedrate of one POHC in a waste feedstream; and
Wout = mass emission rate of the same POHC present in
exhaust emissions prior to release to the atmosphere.
(2) 99.9999% DRE. If you burn the dioxin-listed hazardous wastes
F020, F021, F022, F023, F026, or F027 (see Sec. 261.31 of this
chapter), you must achieve a DRE of 99.9999% for each POHC that you
designate under paragraph (c)(3) of this section. You must demonstrate
this DRE performance on POHCs that are more difficult to incinerate
than tetra-, penta-, and hexachlorodibenzo-p-dioxins and dibenzofurans.
You must use the equation in paragraph (c)(1) of this section to
calculate DRE for each POHC. In addition, you must notify the
Administrator of your intent to incinerate hazardous wastes F020, F021,
F022, F023, F026, or F027.
(3) Principal organic hazardous constituents (POHCs). (i) You must
treat the POHCs in the waste feed that you specify under paragraph
(c)(3)(ii) of this section to the extent required by paragraphs (c)(1)
and (c)(2) of this section.
(ii) You must specify one or more POHCs that are representative of
the most difficult to destroy organic compounds in your hazardous waste
feedstream. You must base this specification on the degree of
difficulty of incineration of the organic constituents in the hazardous
waste and on their concentration or mass in the hazardous waste feed,
considering the results of hazardous waste analyses or other data and
information.
(d) Significant figures. The emission limits provided by paragraphs
(a) and (b) of this section are presented with two significant figures.
Although you must perform intermediate calculations using at least
three significant figures, you may round the resultant emission levels
to two significant figures to document compliance.
(e) Alternative to the particulate matter standard. (1) General. In
lieu of complying with the particulate matter standards of this
section, you may elect to comply with the following alternative metal
emission control requirement:
(2) Alternative metal emission control requirements for existing
liquid fuel boilers. (i) When you burn hazardous waste with a heating
value less than 10,000 Btu/lb:
(A) You must not discharge or cause combustion gases to be emitted
into the atmosphere that contain cadmium, lead, and selenium, combined,
in excess of 150 [mu]g/dscm, corrected to 7 percent oxygen; and
(B) You must not discharge or cause combustion gases to be emitted
into the atmosphere that contain antimony, arsenic, beryllium,
chromium, cobalt, manganese, and nickel, combined, in excess of 370
[mu]g/dscm, corrected to 7 percent oxygen;
(ii) When you burn hazardous waste with a heating value of 10,000
Btu/lb or greater:
(A) You must not discharge or cause combustion gases to be emitted
into the atmosphere that contain in excess of 8.2 x 10-5 lbs
combined emissions of cadmium, lead, and selenium attributable to the
hazardous waste per million Btu heat input from the hazardous waste;
and
(B) You must not discharge or cause combustion gases to be emitted
into the atmosphere that contain either in excess of 1.3 x
10-4 lbs combined emissions of antimony, arsenic, beryllium,
chromium, cobalt, manganese, and nickel attributable to the hazardous
waste per million Btu heat input from the hazardous waste;
(3) Alternative metal emission control requirements for new liquid
fuel boilers. (i) When you burn hazardous waste with a heating value
less than 10,000 Btu/lb:
(A) You must not discharge or cause combustion gases to be emitted
into the atmosphere that contain cadmium, lead, and selenium, combined,
in excess of 78 [mu]g/dscm, corrected to 7 percent oxygen; and
(B) You must not discharge or cause combustion gases to be emitted
into the atmosphere that contain antimony, arsenic, beryllium,
chromium, cobalt, manganese, and nickel, combined, in excess of 12
[mu]g/dscm, corrected to 7 percent oxygen;
(ii) When you burn hazardous waste with a heating value greater
than or equal to 10,000 Btu/lb:
(A) You must not discharge or cause combustion gases to be emitted
into the atmosphere that contain in excess of 6.2 x 10-6 lbs
combined emissions of cadmium, lead, and selenium attributable to the
hazardous waste per million Btu heat input from the hazardous waste;
and
(B) You must not discharge or cause combustion gases to be emitted
into the
[[Page 59569]]
atmosphere that contain either in excess of 1.4 x 10-5 lbs
combined emissions of antimony, arsenic, beryllium, chromium, cobalt,
manganese, and nickel attributable to the hazardous waste per million
Btu heat input from the hazardous waste;
(4) Operating limits. Semivolatile and low volatile metal operating
parameter limits must be established to ensure compliance with the
alternative emission limitations described in paragraphs (e)(2) and
(e)(3) of this section pursuant to Sec. 63.1209(n), except that
semivolatile metal feedrate limits apply to lead, cadmium, and
selenium, combined, and low volatile metal feedrate limits apply to
arsenic, beryllium, chromium, antimony, cobalt, manganese, and nickel,
combined.
(f) Elective standards for area sources. Area sources as defined
under Sec. 63.2 are subject to the standards for cadmium and lead, the
standards for chromium, the standards for hydrogen chloride and
chlorine, and the standards for particulate matter under this section
if they elect under Sec. 266.100(b)(3) of this chapter to comply with
those standards in lieu of the standards under 40 CFR 266.105, 266.106,
and 266.107 to control those pollutants.
? 19. Section 63.1218 is added to read as follows:
Sec. 63.1218 What are the standards for hydrochloric acid production
furnaces that burn hazardous waste?
(a) Emission limits for existing sources. You must not discharge or
cause combustion gases to be emitted into the atmosphere that contain:
(1) For dioxins and furans, either carbon monoxide or hydrocarbon
emissions in excess of the limits provided by paragraph (a)(5) of this
section;
(2) For mercury, hydrogen chloride and chlorine gas emissions in
excess of the levels provided by paragraph (a)(6) of this section;
(3) For lead and cadmium, except for an area source as defined
under Sec. 63.2, hydrogen chloride and chlorine gas emissions in
excess of the levels provided by paragraph (a)(6) of this section;
(4) For arsenic, beryllium, and chromium, except for an area source
as defined under Sec. 63.2, hydrogen chloride and chlorine gas
emissions in excess of the levels provided by paragraph (a)(6) of this
section;
(5) For carbon monoxide and hydrocarbons, either:
(i) Carbon monoxide in excess of 100 parts per million by volume,
over an hourly rolling average (monitored continuously with a
continuous emissions monitoring system), dry basis and corrected to 7
percent oxygen. If you elect to comply with this carbon monoxide
standard rather than the hydrocarbon standard under paragraph
(a)(5)(ii) of this section, you must also document that, during the
destruction and removal efficiency (DRE) test runs or their equivalent
as provided by Sec. 63.1206(b)(7), hydrocarbons do not exceed 10 parts
per million by volume during those runs, over an hourly rolling average
(monitored continuously with a continuous emissions monitoring system),
dry basis, corrected to 7 percent oxygen, and reported as propane; or
(ii) Hydrocarbons in excess of 10 parts per million by volume, over
an hourly rolling average (monitored continuously with a continuous
emissions monitoring system), dry basis, corrected to 7 percent oxygen,
and reported as propane;
(6) For hydrogen chloride and chlorine gas, either:
(i) Emission in excess of 150 parts per million by volume, combined
emissions, expressed as a chloride (Cl(-) equivalent, dry
basis and corrected to 7 percent oxygen; or
(ii) Emissions greater than the levels that would be emitted if the
source is achieving a system removal efficiency (SRE) of less than
99.923 percent for total chlorine and chloride fed to the combustor.
You must calculate SRE from the following equation:
SRE = [1 - (Cl out / Cl in)]
x 100%
Where:
Cl in = mass feedrate of total chlorine or chloride in all feedstreams,
reported as chloride; and
Cl out = mass emission rate of hydrogen chloride and chlorine gas,
reported as chloride, in exhaust emissions prior to release to the
atmosphere.
(7) For particulate matter, except for an area source as defined
under Sec. 63.2, hydrogen chloride and chlorine gas emissions in
excess of the levels provided by paragraph (a)(6) of this section.
(b) Emission limits for new sources. You must not discharge or
cause combustion gases to be emitted into the atmosphere that contain:
(1) For dioxins and furans, either carbon monoxide or hydrocarbon
emissions in excess of the limits provided by paragraph (b)(5) of this
section;
(2) For mercury, hydrogen chloride and chlorine gas emissions in
excess of the levels provided by paragraph (b)(6) of this section;
(3) For lead and cadmium, except for an area source as defined
under Sec. 63.2, hydrogen chloride and chlorine gas emissions in
excess of the levels provided by paragraph (b)(6) of this section;
(4) For arsenic, beryllium, and chromium, except for an area source
as defined under Sec. 63.2, hydrogen chloride and chlorine gas
emissions in excess of the levels provided by paragraph (b)(6) of this
section;
(5) For carbon monoxide and hydrocarbons, either:
(i) Carbon monoxide in excess of 100 parts per million by volume,
over an hourly rolling average (monitored continuously with a
continuous emissions monitoring system), dry basis and corrected to 7
percent oxygen. If you elect to comply with this carbon monoxide
standard rather than the hydrocarbon standard under paragraph
(b)(5)(ii) of this section, you must also document that, during the
destruction and removal efficiency (DRE) test runs or their equivalent
as provided by Sec. 63.1206(b)(7), hydrocarbons do not exceed 10 parts
per million by volume during those runs, over an hourly rolling average
(monitored continuously with a continuous emissions monitoring system),
dry basis, corrected to 7 percent oxygen, and reported as propane; or
(ii) Hydrocarbons in excess of 10 parts per million by volume, over
an hourly rolling average (monitored continuously with a continuous
emissions monitoring system), dry basis, corrected to 7 percent oxygen,
and reported as propane;
(6) For hydrogen chloride and chlorine gas, either:
(i) Emission in excess of 25 parts per million by volume, combined
emissions, expressed as a chloride (Cl(-) equivalent, dry
basis and corrected to 7 percent oxygen; or
(ii) Emissions greater than the levels that would be emitted if the
source is achieving a system removal efficiency (SRE) of less than
99.987 percent for total chlorine and chloride fed to the combustor.
You must calculate SRE from the following equation:
SRE = [1 - (Cl out / Cl in)]
x 100%
Where:
Cl in = mass feedrate of total chlorine or chloride in all feedstreams,
reported as chloride; and
Cl out = mass emission rate of hydrogen chloride and chlorine gas,
reported as chloride, in exhaust emissions prior to release to the
atmosphere.
(7) For particulate matter, except for an area source as defined
under Sec. 63.2, hydrogen chloride and chlorine gas
[[Page 59570]]
emissions in excess of the levels provided by paragraph (b)(6) of this
section.
(c) Destruction and removal efficiency (DRE) standard. (1) 99.99%
DRE. Except as provided in paragraph (c)(2) of this section, you must
achieve a DRE of 99.99% for each principle organic hazardous
constituent (POHC) designated under paragraph (c)(3) of this section.
You must calculate DRE for each POHC from the following equation:
DRE = [1 - (W out / W in)]
x 100%
Where:
Win = mass feedrate of one POHC in a waste feedstream; and
Wout = mass emission rate of the same POHC present in exhaust emissions
prior to release to the atmosphere.
(2) 99.9999% DRE. If you burn the dioxin-listed hazardous wastes
F020, F021, F022, F023, F026, or F027 (see Sec. 261.31 of this
chapter), you must achieve a DRE of 99.9999% for each POHC that you
designate under paragraph (c)(3) of this section. You must demonstrate
this DRE performance on POHCs that are more difficult to incinerate
than tetra-, penta-, and hexachlorodibenzo-p-dioxins and dibenzofurans.
You must use the equation in paragraph (c)(1) of this section to
calculate DRE for each POHC. In addition, you must notify the
Administrator of your intent to incinerate hazardous wastes F020, F021,
F022, F023, F026, or F027.
(3) Principal organic hazardous constituents (POHCs). (i) You must
treat the POHCs in the waste feed that you specify under paragraph
(c)(3)(ii) of this section to the extent required by paragraphs (c)(1)
and (c)(2) of this section.
(ii) You must specify one or more POHCs that are representative of
the most difficult to destroy organic compounds in your hazardous waste
feedstream. You must base this specification on the degree of
difficulty of incineration of the organic constituents in the hazardous
waste and on their concentration or mass in the hazardous waste feed,
considering the results of hazardous waste analyses or other data and
information.
(d) Significant figures. The emission limits provided by paragraphs
(a) and (b) of this section are presented with two significant figures.
Although you must perform intermediate calculations using at least
three significant figures, you may round the resultant emission levels
to two significant figures to document compliance.
(e) Elective standards for area sources. Area sources as defined
under Sec. 63.2 are subject to the standards for cadmium and lead, the
standards for arsenic, beryllium, and chromium, the standards for
hydrogen chloride and chlorine, and the standards for particulate
matter under this section if they elect under Sec. 266.100(b)(3) of
this chapter to comply with those standards in lieu of the standards
under 40 CFR 266.105, 266.106, and 266.107 to control those pollutants.
? 20. Section 63.1219 and a new undesignated center heading are added to
subpart EEE to read as follows:
Replacement Emissions Standards and Operating Limits for Incinerators,
Cement Kilns, and Lightweight Aggregate Kilns
Sec. 63.1219 What are the replacement standards for hazardous waste
incinerators?
(a) Emission limits for existing sources. You must not discharge or
cause combustion gases to be emitted into the atmosphere that contain:
(1) For dioxins and furans:
(i) For incinerators equipped with either a waste heat boiler or
dry air pollution control system, either:
(A) Emissions in excess of 0.20 ng TEQ/dscm, corrected to 7 percent
oxygen; or
(B) Emissions in excess of 0.40 ng TEQ/dscm, corrected to 7 percent
oxygen, provided that the combustion gas temperature at the inlet to
the initial particulate matter control device is 400[deg]F or lower
based on the average of the test run average temperatures. (For
purposes of compliance, operation of a wet particulate matter control
device is presumed to meet the 400[deg]F or lower requirement);
(ii) Emissions in excess of 0.40 ng TEQ/dscm, corrected to 7
percent oxygen, for incinerators not equipped with either a waste heat
boiler or dry air pollution control system;
(iii) A source equipped with a wet air pollution control system
followed by a dry air pollution control system is not considered to be
a dry air pollution control system, and a source equipped with a dry
air pollution control system followed by a wet air pollution control
system is considered to be a dry air pollution control system for
purposes of this standard;
(2) Mercury in excess of 130 [mu]g/dscm, corrected to 7 percent oxygen;
(3) Cadmium and lead in excess of 230 [mu]g/dscm, combined
emissions, corrected to 7 percent oxygen;
(4) Arsenic, beryllium, and chromium in excess of 92 [mu]g/dscm,
combined emissions, corrected to 7 percent oxygen;
(5) For carbon monoxide and hydrocarbons, either:
(i) Carbon monoxide in excess of 100 parts per million by volume,
over an hourly rolling average (monitored continuously with a
continuous emissions monitoring system), dry basis and corrected to 7
percent oxygen. If you elect to comply with this carbon monoxide
standard rather than the hydrocarbon standard under paragraph
(a)(5)(ii) of this section, you must also document that, during the
destruction and removal efficiency (DRE) test runs or their equivalent
as provided by Sec. 63.1206(b)(7), hydrocarbons do not exceed 10 parts
per million by volume during those runs, over an hourly rolling average
(monitored continuously with a continuous emissions monitoring system),
dry basis, corrected to 7 percent oxygen, and reported as propane; or
(ii) Hydrocarbons in excess of 10 parts per million by volume, over
an hourly rolling average (monitored continuously with a continuous
emissions monitoring system), dry basis, corrected to 7 percent oxygen,
and reported as propane;
(6) Hydrogen chloride and chlorine gas (total chlorine) in excess
of 32 parts per million by volume, combined emissions, expressed as a
chloride (Cl(-)) equivalent, dry basis and corrected to 7
percent oxygen; and
(7) Except as provided by paragraph (e) of this section,
particulate matter in excess of 0.013 gr/dscf corrected to 7 percent oxygen.
(b) Emission limits for new sources. You must not discharge or
cause combustion gases to be emitted into the atmosphere that contain:
(1)(i) Dioxins and furans in excess of 0.11 ng TEQ/dscm corrected
to 7 percent oxygen for incinerators equipped with either a waste heat
boiler or dry air pollution control system; or
(ii) Dioxins and furans in excess of 0.20 ng TEQ/dscm corrected to
7 percent oxygen for sources not equipped with either a waste heat
boiler or dry air pollution control system;
(iii) A source equipped with a wet air pollution control system
followed by a dry air pollution control system is not considered to be
a dry air pollution control system, and a source equipped with a dry
air pollution control system followed by a wet air pollution control
system is considered to be a dry air pollution control system for
purposes of this standard;
(2) Mercury in excess of 8.1 [mu]g/dscm, corrected to 7 percent oxygen;
(3) Cadmium and lead in excess of 10 [mu]g/dscm, combined
emissions, corrected to 7 percent oxygen;
(4) Arsenic, beryllium, and chromium in excess of 23 [mu]g/dscm,
combined
[[Page 59571]]
emissions, corrected to 7 percent oxygen;
(5) For carbon monoxide and hydrocarbons, either:
(i) Carbon monoxide in excess of 100 parts per million by volume,
over an hourly rolling average (monitored continuously with a
continuous emissions monitoring system), dry basis and corrected to 7
percent oxygen. If you elect to comply with this carbon monoxide
standard rather than the hydrocarbon standard under paragraph
(b)(5)(ii) of this section, you must also document that, during the
destruction and removal efficiency (DRE) test runs or their equivalent
as provided by Sec. 63.1206(b)(7), hydrocarbons do not exceed 10 parts
per million by volume during those runs, over an hourly rolling average
(monitored continuously with a continuous emissions monitoring system),
dry basis, corrected to 7 percent oxygen, and reported as propane; or
(ii) Hydrocarbons in excess of 10 parts per million by volume, over
an hourly rolling average (monitored continuously with a continuous
emissions monitoring system), dry basis, corrected to 7 percent oxygen,
and reported as propane;
(6) Hydrogen chloride and chlorine gas in excess of 21 parts per
million by volume, combined emissions, expressed as a chloride
(Cl(-)) equivalent, dry basis and corrected to 7 percent oxygen; and
(7) Except as provided by paragraph (e) of this section,
particulate matter in excess of 0.0015 gr/dscf, corrected to 7 percent
oxygen.
(c) Destruction and removal efficiency (DRE) standard. (1) 99.99%
DRE. Except as provided in paragraph (c)(2) of this section, you must
achieve a destruction and removal efficiency (DRE) of 99.99% for each
principle organic hazardous constituent (POHC) designated under
paragraph (c)(3) of this section. You must calculate DRE for each POHC
from the following equation:
DRE = [1 - (Wout / Win)]
x 100%
Where:
Win = mass feedrate of one POHC in a waste feedstream; and
Wout = mass emission rate of the same POHC present in
exhaust emissions prior to release to the atmosphere.
(2) 99.9999% DRE. If you burn the dioxin-listed hazardous wastes
F020, F021, F022, F023, F026, or F027 (see Sec. 261.31 of this
chapter), you must achieve a DRE of 99.9999% for each POHC that you
designate under paragraph (c)(3) of this section. You must demonstrate
this DRE performance on POHCs that are more difficult to incinerate
than tetra-, penta-, and hexachlorodibenzo-p-dioxins and dibenzofurans.
You must use the equation in paragraph (c)(1) of this section to
calculate DRE for each POHC. In addition, you must notify the
Administrator of your intent to incinerate hazardous wastes F020, F021,
F022, F023, F026, or F027.
(3) Principal organic hazardous constituent (POHC). (i) You must
treat each POHC in the waste feed that you specify under paragraph
(c)(3)(ii) of this section to the extent required by paragraphs (c)(1)
and (c)(2) of this section.
(ii) You must specify one or more POHCs that are representative of
the most difficult to destroy organic compounds in your hazardous waste
feedstream. You must base this specification on the degree of
difficulty of incineration of the organic constituents in the hazardous
waste and on their concentration or mass in the hazardous waste feed,
considering the results of hazardous waste analyses or other data and
information.
(d) Significant figures. The emission limits provided by paragraphs
(a) and (b) of this section are presented with two significant figures.
Although you must perform intermediate calculations using at least
three significant figures, you may round the resultant emission levels
to two significant figures to document compliance.
(e) Alternative to the particulate matter standard. (1). General.
In lieu of complying with the particulate matter standards of this
section, you may elect to comply with the following alternative metal
emission control requirement:
(2) Alternative metal emission control requirements for existing
incinerators. (i) You must not discharge or cause combustion gases to
be emitted into the atmosphere that contain cadmium, lead, and selenium
in excess of 230 [mu]g/dscm, combined emissions, corrected to 7 percent
oxygen; and,
(ii) You must not discharge or cause combustion gases to be emitted
into the atmosphere that contain antimony, arsenic, beryllium,
chromium, cobalt, manganese, and nickel in excess of 92 [mu]g/dscm,
combined emissions, corrected to 7 percent oxygen.
(3) Alternative metal emission control requirements for new
incinerators. (i) You must not discharge or cause combustion gases to
be emitted into the atmosphere that contain cadmium, lead, and selenium
in excess of 10 [mu]g/dscm, combined emissions, corrected to 7 percent
oxygen; and,
(ii) You must not discharge or cause combustion gases to be emitted
into the atmosphere that contain antimony, arsenic, beryllium,
chromium, cobalt, manganese, and nickel in excess of 23 [mu]g/dscm,
combined emissions, corrected to 7 percent oxygen.
(4) Operating limits. Semivolatile and low volatile metal operating
parameter limits must be established to ensure compliance with the
alternative emission limitations described in paragraphs (e)(2) and
(e)(3) of this section pursuant to Sec. 63.1209(n), except that
semivolatile metal feedrate limits apply to lead, cadmium, and
selenium, combined, and low volatile metal feedrate limits apply to
arsenic, beryllium, chromium, antimony, cobalt, manganese, and nickel,
combined.
? 21. Section 63.1220 is added to subpart EEE to read as follows:
Sec. 63.1220 What are the replacement standards for hazardous waste
burning cement kilns?
(a) Emission and hazardous waste feed limits for existing sources.
You must not discharge or cause combustion gases to be emitted into the
atmosphere or feed hazardous waste that contain:
(1) For dioxins and furans, either:
(i) Emissions in excess of 0.20 ng TEQ/dscm corrected to 7 percent
oxygen; or
(ii) Emissions in excess of 0.40 ng TEQ/dscm corrected to 7 percent
oxygen provided that the combustion gas temperature at the inlet to the
initial dry particulate matter control device is 400 [deg]F or lower
based on the average of the test run average temperatures;
(2) For mercury, both:
(i) An average as-fired concentration of mercury in all hazardous
waste feedstreams in excess of 3.0 parts per million by weight; and
(ii) Emissions in excess of 120 [mu]g/dscm, corrected to 7 percent
oxygen; or
(iii) A hazardous waste feedrate corresponding to a maximum
theoretical emission concentration (MTEC) in excess of 120 [mu]g/dscm;
(3) For cadmium and lead, both:
(i) Emissions in excess of 7.6 x 10-4 lbs combined
emissions of cadmium and lead attributable to the hazardous waste per
million Btu heat input from the hazardous waste; and
(ii) Emissions in excess of 330 [mu]g/dscm, combined emissions,
corrected to 7 percent oxygen;
(4) For arsenic, beryllium, and chromium, both:
(i) Emissions in excess of 2.1 x 10-5 lbs combined
emissions of arsenic, beryllium, and chromium attributable to the
hazardous waste per million Btu heat input from the hazardous waste;
and
(ii) Emissions in excess of 56 [mu]g/dscm, combined emissions,
corrected to 7 percent oxygen;
[[Page 59572]]
(5) Carbon monoxide and hydrocarbons. (i) For kilns equipped with a
by-pass duct or midkiln gas sampling system, either:
(A) Carbon monoxide in the by-pass duct or mid-kiln gas sampling
system in excess of 100 parts per million by volume, over an hourly
rolling average (monitored continuously with a continuous emissions
monitoring system), dry basis and corrected to 7 percent oxygen. If you
elect to comply with this carbon monoxide standard rather than the
hydrocarbon standard under paragraph (a)(5)(i)(B) of this section, you
must also document that, during the destruction and removal efficiency
(DRE) test runs or their equivalent as provided by Sec. 63.1206(b)(7),
hydrocarbons in the by-pass duct or mid-kiln gas sampling system do not
exceed 10 parts per million by volume during those runs, over an hourly
rolling average (monitored continuously with a continuous emissions
monitoring system), dry basis, corrected to 7 percent oxygen, and
reported as propane; or
(B) Hydrocarbons in the by-pass duct or midkiln gas sampling system
in excess of 10 parts per million by volume, over an hourly rolling
average (monitored continuously with a continuous emissions monitoring
system), dry basis, corrected to 7 percent oxygen, and reported as propane;
(ii) For kilns not equipped with a by-pass duct or midkiln gas
sampling system, either:
(A) Hydrocarbons in the main stack in excess of 20 parts per
million by volume, over an hourly rolling average (monitored
continuously with a continuous emissions monitoring system), dry basis,
corrected to 7 percent oxygen, and reported as propane; or
(B) Carbon monoxide in the main stack in excess of 100 parts per
million by volume, over an hourly rolling average (monitored
continuously with a continuous emissions monitoring system), dry basis
and corrected to 7 percent oxygen. If you elect to comply with this
carbon monoxide standard rather than the hydrocarbon standard under
paragraph (a)(5)(ii)(A) of this section, you also must document that,
during the destruction and removal efficiency (DRE) test runs or their
equivalent as provided by Sec. 63.1206(b)(7), hydrocarbons in the main
stack do not exceed 20 parts per million by volume during those runs,
over an hourly rolling average (monitored continuously with a
continuous emissions monitoring system), dry basis, corrected to 7
percent oxygen, and reported as propane.
(6) Hydrogen chloride and chlorine gas in excess of 120 parts per
million by volume, combined emissions, expressed as a chloride
(Cl(-)) equivalent, dry basis, corrected to 7 percent oxygen; and
(7) For particulate matter, both:
(i) Emissions in excess of 0.028 gr/dscf corrected to 7 percent
oxygen; and
(ii) Opacity greater than 20 percent, unless your source is
equipped with a bag leak detection system under Sec. 63.1206(c)(8) or
a particulate matter detection system under Sec. 63.1206(c)(9).
(b) Emission and hazardous waste feed limits for new sources. You
must not discharge or cause combustion gases to be emitted into the
atmosphere or feed hazardous waste that contain:
(1) For dioxins and furans, either:
(i) Emissions in excess of 0.20 ng TEQ/dscm corrected to 7 percent
oxygen; or
(ii) Emissions in excess of 0.40 ng TEQ/dscm corrected to 7 percent
oxygen provided that the combustion gas temperature at the inlet to the
initial dry particulate matter control device is 400 [deg]F or lower
based on the average of the test run average temperatures;
(2) For mercury, both:
(i) An average as-fired concentration of mercury in all hazardous
waste feedstreams in excess of 1.9 parts per million by weight; and
(ii) Emissions in excess of 120 [mu]g/dscm, corrected to 7 percent
oxygen; or
(iii) A hazardous waste feedrate corresponding to a maximum
theoretical emission concentration (MTEC) in excess of 120 [mu]g/dscm;
(3) For cadmium and lead, both:
(i) Emissions in excess of 6.2 x 10-5 lbs combined
emissions of cadmium and lead attributable to the hazardous waste per
million Btu heat input from the hazardous waste; and
(ii) Emissions in excess of 180 [mu]g/dscm, combined emissions,
corrected to 7 percent oxygen;
(4) For arsenic, beryllium, and chromium, both:
(i) Emissions in excess of 1.5 x 10-5 lbs combined
emissions of arsenic, beryllium, and chromium attributable to the
hazardous waste per million Btu heat input from the hazardous waste;
and
(ii) Emissions in excess of 54 [mu]g/dscm, combined emissions,
corrected to 7 percent oxygen;
(5) Carbon monoxide and hydrocarbons. (i) For kilns equipped with a
by-pass duct or midkiln gas sampling system, carbon monoxide and
hydrocarbons emissions are limited in both the bypass duct or midkiln
gas sampling system and the main stack as follows:
(A) Emissions in the by-pass or midkiln gas sampling system are
limited to either:
(1) Carbon monoxide in excess of 100 parts per million by volume,
over an hourly rolling average (monitored continuously with a
continuous emissions monitoring system), dry basis and corrected to 7
percent oxygen. If you elect to comply with this carbon monoxide
standard rather than the hydrocarbon standard under paragraph
(b)(5)(i)(A)(2) of this section, you also must document that, during
the destruction and removal efficiency (DRE) test runs or their
equivalent as provided by Sec. 63.1206(b)(7), hydrocarbons do not
exceed 10 parts per million by volume during those runs, over an hourly
rolling average (monitored continuously with a continuous emissions
monitoring system), dry basis, corrected to 7 percent oxygen, and
reported as propane; or
(2) Hydrocarbons in the by-pass duct or midkiln gas sampling system
in excess of 10 parts per million by volume, over an hourly rolling
average (monitored continuously with a continuous emissions monitoring
system), dry basis, corrected to 7 percent oxygen, and reported as
propane; and
(B) Hydrocarbons in the main stack are limited, if construction of
the kiln commenced after April 19, 1996 at a plant site where a cement
kiln (whether burning hazardous waste or not) did not previously exist,
to 50 parts per million by volume, over a 30-day block average
(monitored continuously with a continuous monitoring system), dry
basis, corrected to 7 percent oxygen, and reported as propane.
(ii) For kilns not equipped with a by-pass duct or midkiln gas
sampling system, hydrocarbons and carbon monoxide are limited in the
main stack to either:
(A) Hydrocarbons not exceeding 20 parts per million by volume, over
an hourly rolling average (monitored continuously with a continuous
emissions monitoring system), dry basis, corrected to 7 percent oxygen,
and reported as propane; or
(B)(1) Carbon monoxide not exceeding 100 parts per million by
volume, over an hourly rolling average (monitored continuously with a
continuous emissions monitoring system), dry basis, corrected to 7
percent oxygen; and
(2) Hydrocarbons not exceeding 20 parts per million by volume, over
an hourly rolling average (monitored continuously with a continuous
[[Page 59573]]
monitoring system), dry basis, corrected to 7 percent oxygen, and
reported as propane at any time during the destruction and removal
efficiency (DRE) test runs or their equivalent as provided by Sec.
63.1206(b)(7); and
(3) If construction of the kiln commenced after April 19, 1996 at a
plant site where a cement kiln (whether burning hazardous waste or not)
did not previously exist, hydrocarbons are limited to 50 parts per
million by volume, over a 30-day block average (monitored continuously
with a continuous monitoring system), dry basis, corrected to 7 percent
oxygen, and reported as propane.
(6) Hydrogen chloride and chlorine gas in excess of 86 parts per
million by volume, combined emissions, expressed as a chloride
(Cl(-)) equivalent, dry basis and corrected to 7 percent oxygen; and
(7) For particulate matter, both:
(i) Emissions in excess of 0.0023 gr/dscf corrected to 7 percent
oxygen; and
(ii) Opacity greater than 20 percent, unless your source is
equipped with a bag leak detection system under Sec. 63.1206(c)(8) or
a particulate matter detection system under Sec. 63.1206(c)(9).
(c) Destruction and removal efficiency (DRE) standard. (1) 99.99%
DRE. Except as provided in paragraph (c)(2) of this section, you must
achieve a destruction and removal efficiency (DRE) of 99.99% for each
principle organic hazardous constituent (POHC) designated under
paragraph (c)(3) of this section. You must calculate DRE for each POHC
from the following equation:
DRE = [1 - (Wout / Win)]
x 100%
Where:
Win = mass feedrate of one POHC in a waste feedstream; and
Wout = mass emission rate of the same POHC present in
exhaust emissions prior to release to the atmosphere.
(2) 99.9999% DRE. If you burn the dioxin-listed hazardous wastes
F020, F021, F022, F023, F026, or F027 (see Sec. 261.31 of this
chapter), you must achieve a DRE of 99.9999% for each POHC that you
designate under paragraph (c)(3) of this section. You must demonstrate
this DRE performance on POHCs that are more difficult to incinerate
than tetra-, penta-, and hexachlorodibenzo-p-dioxins and dibenzofurans.
You must use the equation in paragraph (c)(1) of this section to
calculate DRE for each POHC. In addition, you must notify the
Administrator of your intent to incinerate hazardous wastes F020, F021,
F022, F023, F026, or F027.
(3) Principal organic hazardous constituent (POHC). (i) You must
treat each POHC in the waste feed that you specify under paragraph
(c)(3)(ii) of this section to the extent required by paragraphs (c)(1)
and (c)(2) of this section.
(ii) You must specify one or more POHCs that are representative of
the most difficult to destroy organic compounds in your hazardous waste
feedstream. You must base this specification on the degree of
difficulty of incineration of the organic constituents in the hazardous
waste and on their concentration or mass in the hazardous waste feed,
considering the results of hazardous waste analyses or other data and
information.
(d) Cement kilns with in-line kiln raw mills. (1) General. (i) You
must conduct performance testing when the raw mill is on-line and when
the mill is off-line to demonstrate compliance with the emission
standards, and you must establish separate operating parameter limits
under Sec. 63.1209 for each mode of operation, except as provided by
paragraphs (d)(1)(iv) and (d)(1)(v) of this section.
(ii) You must document in the operating record each time you change
from one mode of operation to the alternate mode and begin complying
with the operating parameter limits for that alternate mode of operation.
(iii) You must calculate rolling averages for operating parameter
limits as provided by Sec. 63.1209(q)(2).
(iv) If your in-line kiln raw mill has dual stacks, you may assume
that the dioxin/furan emission levels in the by-pass stack and the
operating parameter limits determined during performance testing of the
by-pass stack when the raw mill is off-line are the same as when the
mill is on-line.
(v) In lieu of conducting a performance test to demonstrate
compliance with the dioxin/furan emission standards for the mode of
operation when the raw mill is on-line, you may specify in the
performance test workplan and Notification of Compliance the same
operating parameter limits required under Sec. 63.1209(k) for the mode
of operation when the raw mill is on-line as you establish during
performance testing for the mode of operation when the raw mill is off-line.
(2) Emissions averaging. You may comply with the mercury,
semivolatile metal, low volatile metal, and hydrogen chloride/chlorine
gas emission standards on a time-weighted average basis under the
following procedures:
(i) Averaging methodology. You must calculate the time-weighted
average emission concentration with the following equation:
Ctotal = {Cmill-off x (Tmill-off /
(Tmill-off + Tmill-on)){time} +
{Cmill-on x (Tmill-on / (Tmill-off +
Tmill-on)){time}
Where:
Ctotal = time-weighted average concentration of a
regulated constituent considering both raw mill on time and off time;
Cmill-off = average performance test concentration of
regulated constituent with the raw mill off-line;
Cmill-on = average performance test concentration of
regulated constituent with the raw mill on-line;
Tmill-off = time when kiln gases are not routed through the
raw mill; and
Tmill-on = time when kiln gases are routed through the raw mill.
(ii) Compliance. (A) If you use this emission averaging provision,
you must document in the operating record compliance with the emission
standards on an annual basis by using the equation provided by
paragraph (d)(2) of this section.
(B) Compliance is based on one-year block averages beginning on the
day you submit the initial notification of compliance.
(iii) Notification. (A) If you elect to document compliance with
one or more emission standards using this emission averaging provision,
you must notify the Administrator in the initial comprehensive
performance test plan submitted under Sec. 63.1207(e).
(B) You must include historical raw mill operation data in the
performance test plan to estimate future raw mill down-time and
document in the performance test plan that estimated emissions and
estimated raw mill down-time will not result in an exceedance of an
emission standard on an annual basis.
(C) You must document in the notification of compliance submitted
under Sec. 63.1207(j) that an emission standard will not be exceeded
based on the documented emissions from the performance test and
predicted raw mill down-time.
(e) Preheater or preheater/precalciner kilns with dual stacks. (1)
General. You must conduct performance testing on each stack to
demonstrate compliance with the emission standards, and you must
establish operating parameter limits under Sec. 63.1209 for each
stack, except as provided by paragraph (d)(1)(iv) of this section for
dioxin/furan emissions testing and operating parameter limits for the
by-pass stack of in-line raw mills.
(2) Emissions averaging. You may comply with the mercury,
semivolatile metal, low volatile metal, and hydrogen
[[Page 59574]]
chloride/chlorine gas emission standards specified in this section on a
gas flowrate-weighted average basis under the following procedures:
(i) Averaging methodology. You must calculate the gas flowrate-
weighted average emission concentration using the following equation:
Ctot = {Cmain x (Qmain /
(Qmain + Qbypass)){time} + {Cbypass x
(Qbypass / (Qmain + Qbypass)){time}
Where:
Ctot = gas flowrate-weighted average concentration of the
regulated constituent;
Cmain = average performance test concentration demonstrated
in the main stack;
Cbypass = average performance test concentration
demonstrated in the bypass stack;
Qmain = volumetric flowrate of main stack effluent gas; and
Qbypass = volumetric flowrate of bypass effluent gas.
(ii) Compliance. (A) You must demonstrate compliance with the
emission standard(s) using the emission concentrations determined from
the performance tests and the equation provided by paragraph (e)(1) of
this section; and
(B) You must develop operating parameter limits for bypass stack
and main stack flowrates that ensure the emission concentrations
calculated with the equation in paragraph (e)(1) of this section do not
exceed the emission standards on a 12-hour rolling average basis. You
must include these flowrate limits in the Notification of Compliance.
(iii) Notification. If you elect to document compliance under this
emissions averaging provision, you must:
(A) Notify the Administrator in the initial comprehensive
performance test plan submitted under Sec. 63.1207(e). The performance
test plan must include, at a minimum, information describing the
flowrate limits established under paragraph (e)(2)(ii)(B) of this
section; and
(B) Document in the Notification of Compliance submitted under
Sec. 63.1207(j) the demonstrated gas flowrate-weighted average
emissions that you calculate with the equation provided by paragraph
(e)(2) of this section.
(f) Significant figures. The emission limits provided by paragraphs
(a) and (b) of this section are presented with two significant figures.
Although you must perform intermediate calculations using at least
three significant figures, you may round the resultant emission levels
to two significant figures to document compliance.
(g) [Reserved].
(h) When you comply with the particulate matter requirements of
paragraphs (a)(7) or (b)(7) of this section, you are exempt from the
New Source Performance Standard for particulate matter and opacity
under Sec. 60.60 of this chapter.
? 22. Section 63.1221 is added to subpart EEE to read as follows:
Sec. 63.1221 What are the replacement standards for hazardous waste
burning lightweight aggregate kilns?
(a) Emission and hazardous waste feed limits for existing sources.
You must not discharge or cause combustion gases to be emitted into the
atmosphere or feed hazardous waste that contain:
(1) For dioxins and furans, either:
(i) Emissions in excess of 0.20 ng TEQ/dscm corrected to 7 percent
oxygen; or
(ii) Rapid quench of the combustion gas temperature at the exit of
the (last) combustion chamber (or exit of any waste heat recovery
system that immediately follows the last combustion chamber) to
400[deg]F or lower based on the average of the test run average
temperatures. You must also notify in writing the RCRA authority that
you are complying with this option;
(2) For mercury, either:
(i) Emissions in excess of 120 [mu]g/dscm, corrected to 7 percent
oxygen; or
(ii) A hazardous waste feedrate corresponding to a maximum
theoretical emission concentration (MTEC) in excess of 120 [mu]g/dscm;
(3) For cadmium and lead, both:
(i) Emissions in excess of 3.0 x 10-4 lbs combined
emissions of cadmium and lead attributable to the hazardous waste per
million Btu heat input from the hazardous waste; and
(ii) Emissions in excess of 250 [mu]g/dscm, combined emissions,
corrected to 7 percent oxygen;
(4) For arsenic, beryllium, and chromium, both:
(i) In excess of 9.5 x 10-5 lbs combined emissions of
arsenic, beryllium, and chromium attributable to the hazardous waste
per million Btu heat input from the hazardous waste;
(ii) Emissions in excess of 110 [mu]g/dscm, combined emissions,
corrected to 7 percent oxygen;
(5) Carbon monoxide and hydrocarbons. (i) Carbon monoxide in excess
of 100 parts per million by volume, over an hourly rolling average
(monitored continuously with a continuous emissions monitoring system),
dry basis and corrected to 7 percent oxygen. If you elect to comply
with this carbon monoxide standard rather than the hydrocarbon standard
under paragraph (a)(5)(ii) of this section, you also must document
that, during the destruction and removal efficiency (DRE) test runs or
their equivalent as provided by Sec. 63.1206(b)(7), hydrocarbons do
not exceed 20 parts per million by volume during those runs, over an
hourly rolling average (monitored continuously with a continuous
emissions monitoring system), dry basis, corrected to 7 percent oxygen,
and reported as propane; or
(ii) Hydrocarbons in excess of 20 parts per million by volume, over
an hourly rolling average, dry basis, corrected to 7 percent oxygen,
and reported as propane;
(6) Hydrogen chloride and chlorine gas in excess of 600 parts per
million by volume, combined emissions, expressed as a chloride
(Cl(-)) equivalent, dry basis and corrected to 7 percent
oxygen; and
(7) Particulate matter emissions in excess of 0.025 gr/dscf,
corrected to 7 percent oxygen.
(b) Emission and hazardous waste feed limits for new sources. You
must not discharge or cause combustion gases to be emitted into the
atmosphere or feed hazardous waste that contain:
(1) For dioxins and furans, either:
(i) Emissions in excess of 0.20 ng TEQ/dscm corrected to 7 percent
oxygen; or
(ii) Rapid quench of the combustion gas temperature at the exit of
the (last) combustion chamber (or exit of any waste heat recovery
system that immediately follows the last combustion chamber) to
400[deg]F or lower based on the average of the test run average
temperatures. You must also notify in writing the RCRA authority that
you are complying with this option;
(2) For mercury, either:
(i) Emissions in excess of 120 [mu]g/dscm, corrected to 7 percent
oxygen; or
(ii) A hazardous waste feedrate corresponding to a maximum
theoretical emission concentration (MTEC) in excess of 120 [mu]g/dscm;
(3) For cadmium and lead, both:
(i) Emissions in excess of 3.7 x 10-5 lbs combined
emissions of cadmium and lead attributable to the hazardous waste per
million Btu heat input from the hazardous waste; and
(ii) Emissions in excess of 43 [mu]g/dscm, combined emissions,
corrected to 7 percent oxygen;
(4) For arsenic, beryllium, and chromium, both:
(i) In excess of 3.3 x 10-\5\ lbs combined emissions of
arsenic, beryllium, and chromium attributable to the hazardous waste
per million Btu heat input from the hazardous waste;
[[Page 59575]]
(ii) Emissions in excess of 110 [mu]g/dscm, combined emissions,
corrected to 7 percent oxygen;
(5) Carbon monoxide and hydrocarbons. (i) Carbon monoxide in excess
of 100 parts per million by volume, over an hourly rolling average
(monitored continuously with a continuous emissions monitoring system),
dry basis and corrected to 7 percent oxygen. If you elect to comply
with this carbon monoxide standard rather than the hydrocarbon standard
under paragraph (b)(5)(ii) of this section, you also must document
that, during the destruction and removal efficiency (DRE) test runs or
their equivalent as provided by Sec. 63.1206(b)(7), hydrocarbons do
not exceed 20 parts per million by volume during those runs, over an
hourly rolling average (monitored continuously with a continuous
emissions monitoring system), dry basis, corrected to 7 percent oxygen,
and reported as propane; or
(ii) Hydrocarbons in excess of 20 parts per million by volume, over
an hourly rolling average, dry basis, corrected to 7 percent oxygen,
and reported as propane;
(6) Hydrogen chloride and chlorine gas in excess of 600 parts per
million by volume, combined emissions, expressed as a chloride
(Cl(-)) equivalent, dry basis and corrected to 7 percent
oxygen; and
(7) Particulate matter emissions in excess of 0.0098 gr/dscf
corrected to 7 percent oxygen.
(c) Destruction and removal efficiency (DRE) standard. (1) 99.99%
DRE. Except as provided in paragraph (c)(2) of this section, you must
achieve a destruction and removal efficiency (DRE) of 99.99% for each
principal organic hazardous constituent (POHC) designated under
paragraph (c)(3) of this section. You must calculate DRE for each POHC
from the following equation:
DRE = [1 - (Wout / Win)]
x 100%
Where:
Win = mass feedrate of one POHC in a waste feedstream;
and
Wout = mass emission rate of the same POHC present in
exhaust emissions prior to release to the atmosphere.
(2) 99.9999% DRE. If you burn the dioxin-listed hazardous wastes
F020, F021, F022, F023, F026, or F027 (see Sec. 261.31 of this
chapter), you must achieve a destruction and removal efficiency (DRE)
of 99.9999% for each POHC that you designate under paragraph (c)(3) of
this section. You must demonstrate this DRE performance on POHCs that
are more difficult to incinerate than tetra-, penta-, and
hexachlorodibenzo-dioxins and dibenzofurans. You must use the equation
in paragraph (c)(1) of this section to calculate DRE for each POHC. In
addition, you must notify the Administrator of your intent to burn
hazardous wastes F020, F021, F022, F023, F026, or F027.
(3) Principal organic hazardous constituents (POHCs). (i) You must
treat each POHC in the waste feed that you specify under paragraph
(c)(3)(ii) of this section to the extent required by paragraphs (c)(1)
and (c)(2) of this section.
(ii) You must specify one or more POHCs that are representative of
the most difficult to destroy organic compounds in your hazardous waste
feedstream. You must base this specification on the degree of
difficulty of incineration of the organic constituents in the hazardous
waste and on their concentration or mass in the hazardous waste feed,
considering the results of hazardous waste analyses or other data and
information.
(d) Significant figures. The emission limits provided by paragraphs
(a) and (b) of this section are presented with two significant figures.
Although you must perform intermediate calculations using at least
three significant figures, you may round the resultant emission levels
to two significant figures to document compliance.
PART 260--HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL
? 1. The authority citation for part 260 continues to read as follows:
Authority: 42 U.S.C. 6905, 6912(a), 6921-6927, 6930, 6934, 6935,
6937, 6938, 6939, and 6974.
? 2. Section 260.11 is amended by
? a. Revising the first sentence in paragraph (a).
? b. Revising paragraph (c)(1).
The revisions and additions read as follows:
Sec. 260.11 References.
(a) When used in parts 260 through 268 of this chapter, the
following publications are incorporated by reference. * * *
* * * * *
(c) * * *
(1) ``APTI Course 415: Control of Gaseous Emissions,'' EPA
Publication EPA-450/2-81-005, December 1981, IBR approved for
Sec. Sec. 264.1035 and 265.1035.
* * * * *
PART 264--STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE
TREATMENT, STORAGE, AND DISPOSAL FACILITIES
? 1. The authority citation for part 264 continues to read as follows:
Authority: 42 U.S.C. 6905, 6912(a), 6924, 6925, 6927, 6928(h),
and 6974.
? 2. Section 264.340 is amended by revising the first sentence of
paragraph (b)(1) and adding paragraph (b)(5) to read as follows:
Sec. 264.340 Applicability.
* * * * *
(b) * * * (1) Except as provided by paragraphs (b)(2) through
(b)(5) of this section, the standards of this part do not apply to a
new hazardous waste incineration unit that becomes subject to RCRA
permit requirements after October 12, 2005; or no longer apply when an
owner or operator of an existing hazardous waste incineration unit
demonstrates compliance with the maximum achievable control technology
(MACT) requirements of part 63, subpart EEE, of this chapter by
conducting a comprehensive performance test and submitting to the
Administrator a Notification of Compliance under Sec. Sec. 63.1207(j)
and 63.1210(d) of this chapter documenting compliance with the
requirements of part 63, subpart EEE, of this chapter. * * *
* * * * *
(5) The particulate matter standard of Sec. 264.343(c) remains in
effect for incinerators that elect to comply with the alternative to
the particulate matter standard of Sec. Sec. 63.1206(b)(14) and
63.1219(e) of this chapter.
* * * * *
PART 265--INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF
HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
? 1. The authority citation for part 265 continues to read as follows:
Authority: 42 U.S.C. 6905, 6906, 6912, 6922, 6923, 6924, 6925,
6935, 6936, and 6937.
? 2. Section 265.340 is amended by revising paragraph (b)(1) to read as
follows:
Sec. 265.340 Applicability.
* * * * *
(b) * * * (1) Except as provided by paragraphs (b)(2) and (b)(3) of
this section, the standards of this part no longer apply when an owner
or operator
[[Page 59576]]
demonstrates compliance with the maximum achievable control technology
(MACT) requirements of part 63, subpart EEE, of this chapter by
conducting a comprehensive performance test and submitting to the
Administrator a Notification of Compliance under Sec. Sec. 63.1207(j)
and 63.1210(d) of this chapter documenting compliance with the
requirements of part 63, subpart EEE, of this chapter.
* * * * *
PART 266--STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES
AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES
? 1. The authority citation for part 266 continues to read as follows:
Authority: 42 U.S.C. 1006, 2002(a), 3001-3009, 3014, 6905, 6906,
6912, 6921, 6922, 6924-6927, 6934, and 6937.
? 2. Section 266.100 is amended by revising the first sentence of
paragraph (b)(1) and adding paragraphs (b)(3) and (b)(4) to read as
follows:
Sec. 266.100 Applicability.
* * * * *
(b) * * * (1) Except as provided by paragraphs (b)(2), (b)(3), and
(b)(4) of this section, the standards of this part do not apply to a
new hazardous waste boiler or industrial furnace unit that becomes
subject to RCRA permit requirements after October 12, 2005; or no
longer apply when an owner or operator of an existing hazardous waste
boiler or industrial furnace unit demonstrates compliance with the
maximum achievable control technology (MACT) requirements of part 63,
subpart EEE, of this chapter by conducting a comprehensive performance
test and submitting to the Administrator a Notification of Compliance
under Sec. Sec. 63.1207(j) and 63.1210(d) of this chapter documenting
compliance with the requirements of part 63, subpart EEE, of this
chapter. * * *
* * * * *
(3) If you own or operate a boiler or hydrochloric acid production
furnace that is an area source under Sec. 63.2 of this chapter and you
elect not to comply with the emission standards under Sec. Sec.
63.1216, 63.1217, and 63.1218 of this chapter for particulate matter,
semivolatile and low volatile metals, and total chlorine, you also
remain subject to:
(i) Section 266.105--Standards to control particulate matter;
(ii) Section 266.106--Standards to control metals emissions, except
for mercury; and
(ii) Section 266.107--Standards to control hydrogen chloride and
chlorine gas.
(4) The particulate matter standard of Sec. 266.105 remains in
effect for boilers that elect to comply with the alternative to the
particulate matter standard under Sec. Sec. 63.1216(e) and 63.1217(e)
of this chapter.
* * * * *
PART 270--EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE
PERMIT PROGRAM
? 1. The authority citation for part 270 continues to read as follows:
Authority: 42 U.S.C. 6905, 6912, 6924, 6925, 6927, 6939, and 6974.
? 2. Section 270.6 is revised to read as follows:
Sec. 270.6 References.
(a) When used in part 270 of this chapter, the following
publications are incorporated by reference. These incorporations by
reference were approved by the Director of the Federal Register
pursuant to 5 U.S.C. 552(a) and 1 CFR part 51. These materials are
incorporated as they exist on the date of approval and a notice of any
change in these materials will be published in the Federal Register.
Copies may be inspected at the Library, U.S. Environmental Protection
Agency, 1200 Pennsylvania Ave., NW., (3403T), Washington, DC 20460,
libraryhq@epa.gov; or at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/
federal_register/code_of_federal_regulations/ibr_locations.html.
(b) The following materials are available for purchase from the
National Technical Information Service (NTIS), 5285 Port Royal Road,
Springfield, VA 22161, (703) 605-6000 or (800) 553-6847; or for
purchase from the Superintendent of Documents, U.S. Government Printing
Office, Washington, DC 20402, (202) 512-1800:
(1) ``APTI Course 415: Control of Gaseous Emissions,'' EPA
Publication EPA-450/2-81-005, December 1981, IBR approved for
Sec. Sec. 270.24 and 270.25.
(2) [Reserved].
? 3. Section 270.10 is amended by adding paragraph (l) to read as follows:
Sec. 270.10 General application requirements.
* * * * *
(l) If the Director concludes, based on one or more of the factors
listed in paragraph (l)(1) of this section that compliance with the
standards of 40 CFR part 63, subpart EEE alone may not be protective of
human health or the environment, the Director shall require the
additional information or assessment(s) necessary to determine whether
additional controls are necessary to ensure protection of human health
and the environment. This includes information necessary to evaluate
the potential risk to human health and/or the environment resulting
from both direct and indirect exposure pathways. The Director may also
require a permittee or applicant to provide information necessary to
determine whether such an assessment(s) should be required.
(1) The Director shall base the evaluation of whether compliance
with the standards of 40 CFR part 63, subpart EEE alone is protective
of human health or the environment on factors relevant to the potential
risk from a hazardous waste combustion unit, including, as appropriate,
any of the following factors:
(i) Particular site-specific considerations such as proximity to
receptors (such as schools, hospitals, nursing homes, day care centers,
parks, community activity centers, or other potentially sensitive
receptors), unique dispersion patterns, etc.;
(ii) Identities and quantities of emissions of persistent,
bioaccumulative or toxic pollutants considering enforceable controls in
place to limit those pollutants;
(iii) Identities and quantities of nondioxin products of incomplete
combustion most likely to be emitted and to pose significant risk based
on known toxicities (confirmation of which should be made through
emissions testing);
(iv) Identities and quantities of other off-site sources of
pollutants in proximity of the facility that significantly influence
interpretation of a facility-specific risk assessment;
(v) Presence of significant ecological considerations, such as the
proximity of a particularly sensitive ecological area;
(vi) Volume and types of wastes, for example wastes containing
highly toxic constituents;
(vii) Other on-site sources of hazardous air pollutants that
significantly influence interpretation of the risk posed by the
operation of the source in question;
(viii) Adequacy of any previously conducted risk assessment, given
any subsequent changes in conditions likely to affect risk; and
(ix) Such other factors as may be appropriate.
(2) [Reserved]
[[Page 59577]]
? 4. Section 270.19 is amended by revising paragraph (e) to reads as
follows:
Sec. 270.19 Specific part B information requirements for incinerators.
* * * * *
(e) 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).
? 5. Section 270.22 is amended by revising the introductory text to read
as follows:
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).
* * * * *
? 6. Section 270.24 is amended by revising paragraph (d)(3) to read as
follows:
Sec. 270.24 Specific part B information requirements for process vents.
* * * * *
(d) * * *
(3) A design analysis, specifications, drawings, schematics, and
piping and instrumentation diagrams based on the appropriate sections
of ``APTI Course 415: Control of Gaseous Emissions'' (incorporated by
reference as specified in Sec. 270.6) or other engineering texts
acceptable to the Regional Administrator that present basic control
device information. The design analysis shall address the vent stream
characteristics and control device operation parameters as specified in
Sec. 264.1035(b)(4)(iii).
* * * * *
? 7. Section 270.25 is amended by revising paragraph (e)(3) to read as
follows:
Sec. 270.25 Specific part B information requirements for equipment.
* * * * *
(e) * * *
(3) A design analysis, specifications, drawings, schematics, and
piping and instrumentation diagrams based on the appropriate sections
of ``APTI Course 415: Control of Gaseous Emissions'' (incorporated by
reference as specified in Sec. 270.6) or other engineering texts
acceptable to the Regional Administrator that present basic control
device information. The design analysis shall address the vent stream
characteristics and control device operation parameters as specified in
Sec. 264.1035(b)(4)(iii).
* * * * *
? 8. Section 270.32 is amended by adding paragraph (b)(3) to read as
follows:
Sec. 270.32 Establishing permit conditions.
* * * * *
(b) * * *
(3) If, as the result of an assessment(s) or other information, the
Administrator or Director determines that conditions are necessary in
addition to those required under 40 CFR parts 63, subpart EEE, 264 or
266 to ensure protection of human health and the environment, he shall
include those terms and conditions in a RCRA permit for a hazardous
waste combustion unit.
* * * * *
? 9. Section 270.42 is amended by:
? a. Revising paragraph (j)(1).
? b. Redesignating paragraph (j)(2) as (j)(3).
? c. Adding new paragraph (j)(2).
? d. Adding new paragraph (k); and
? e. Adding a new entry 10 in numerical order in the table under section
L of Appendix I.
The revisions and additions read as follows:
Sec. 270.42 Permit modification at the request of the permittee.
* * * * *
(j) * * *
(1) Facility owners or operators must have complied with the
Notification of Intent to Comply (NIC) requirements of 40 CFR 63.1210
that were in effect prior to October 11, 2000, (See 40 CFR part 63
Sec. Sec. 63.1200-63.1499 revised as of July 1, 2000) in order to
request a permit modification under this section for the purpose of
technology changes needed to meet the standards under 40 CFR 63.1203,
63.1204, and 63.1205.
(2) Facility owners or operators must comply with the Notification
of Intent to Comply (NIC) requirements of 40 CFR 63.1210(b) and
63.1212(a) before a permit modification can be requested under this
section for the purpose of technology changes needed to meet the 40 CFR
63.1215, 63.1216, 63.1217, 63.1218, 63.1219, 63.1220, and 63.1221
standards promulgated on October 12, 2005.
* * * * *
(k) Waiver of RCRA permit conditions in support of transition to
the part 63 MACT standards. (1) You may request to have specific RCRA
operating and emissions limits waived by submitting a Class 1 permit
modification request under Appendix I of this section, section L(10).
You must:
(i) Identify the specific RCRA permit operating and emissions
limits which you are requesting to waive;
(ii) Provide an explanation of why the changes are necessary in
order to minimize or eliminate conflicts between the RCRA permit and
MACT compliance; and
[[Page 59578]]
(iii) Discuss how the revised provisions will be sufficiently
protective.
(iv) The Director shall approve or deny the request within 30 days
of receipt of the request. The Director may, as his or her discretion,
extend this 30 day deadline one time for up to 30 days by notifying the
facility owner or operator.
(2) To request this modification in conjunction with MACT
performance testing where permit limits may only be waived during
actual test events and pretesting, as defined under 40 CFR
63.1207(h)(2)(i) and (ii), for an aggregate time not to exceed 720
hours of operation (renewable at the discretion of the Administrator)
you must:
(i) Submit your modification request to the Director at the same
time you submit your test plans to the Administrator; and
(ii) The Director may elect to approve or deny the request
continent upon approval of the test plans.
* * * * *
Appendix I to Sec. 270.42--Classification of Permit Modification
------------------------------------------------------------------------
Modifications Class
------------------------------------------------------------------------
* * * * * * *
L. * * *........................................................ \1\ 1
10. Changes to RCRA permit provisions needed to support
transition to 40 CFR part 63 (Subpart EEE--National Emission
Standards for Hazardous Air Pollutants From Hazardous Waste
Combustors), provided the procedures of Sec. 270.42(k) are
followed.......................................................
* * * * * * *
------------------------------------------------------------------------
\1\ Class 1 modifications requiring prior Agency approval.
* * * * *
? 10. Section 270.62 is amended by revising the introductory text to read
as follows:
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).
* * * * *
? 11. Section 270.66 is amended by revising the introductory text to read
as follows:
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 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).
* * * * *
? 12. Section 270.235 is amended by:
? a. Revising the section heading and paragraphs (a)(1) introductory text
and (a)(2) introductory text.
? b. Revising paragraphs (b)(1) introductory text and (b)(2).
? c. Adding new paragraph (c).
The revisions read as follows:
* * * * *
Sec. 270.235 Options for incinerators, cement kilns, lightweight
aggregate kilns, solid fuel boilers, liquid fuel boilers and
hydrochloric acid production furnaces to minimize emissions from
startup, shutdown, and malfunction events.
(a) * * * (1) Revisions to permit conditions after documenting
compliance with MACT. The owner or operator of a RCRA-permitted
incinerator, cement kiln, lightweight aggregate kiln, solid fuel
boiler, liquid fuel boiler, or hydrochloric acid production furnace may
request that the Director address permit conditions that minimize
emissions from startup, shutdown, and malfunction events under any of
the following options when requesting removal of permit conditions that
are no longer applicable according to Sec. Sec. 264.340(b) and
266.100(b) of this chapter:
* * * * *
(2) Addressing permit conditions upon permit reissuance. The owner
or operator of an incinerator, cement kiln, lightweight aggregate kiln,
solid fuel boiler, liquid fuel boiler, or hydrochloric acid production
furnace that has conducted a comprehensive performance test and
submitted to the Administrator a Notification of Compliance documenting
compliance with the standards of part 63, subpart EEE, of this chapter
may request in the application to reissue the permit for the combustion
unit that the Director control emissions from startup,
[[Page 59579]]
shutdown, and malfunction events under any of the following options:
* * * * *
(b) * * * (1) Interim status operations. In compliance with
Sec. Sec. 265.340 and 266.100(b), the owner or operator of an
incinerator, cement kiln, lightweight aggregate kiln, solid fuel
boiler, liquid fuel boiler, or hydrochloric acid production furnace
that is operating under the interim status standards of part 265 or 266
of this chapter may control emissions of toxic compounds during
startup, shutdown, and malfunction events under either of the following
options after conducting a comprehensive performance test and
submitting to the Administrator a Notification of Compliance
documenting compliance with the standards of part 63, subpart EEE, of
this chapter.
* * * * *
(2) Operations under a subsequent RCRA permit. When an owner or
operator of an incinerator, cement kiln, lightweight aggregate kiln,
solid fuel boiler, liquid fuel boiler, or hydrochloric acid production
furnace that is operating under the interim status standards of parts
265 or 266 of this chapter submits a RCRA permit application, the owner
or operator may request that the Director control emissions from
startup, shutdown, and malfunction events under any of the options
provided by paragraphs (a)(2)(i), (a)(2)(ii), or (a)(2)(iii) of this
section.
(c) New units. Hazardous waste incinerator, cement kiln,
lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, or
hydrochloric acid production furnace units that become subject to RCRA
permit requirements after October 12, 2005 must control emissions of
toxic compounds during startup, shutdown, and malfunction events under
either of the following options:
(1) Comply with the requirements specified in Sec. 63.1206(c)(2)
of this chapter; or
(2) Request to include in the RCRA permit, conditions that ensure
emissions of toxic compounds are minimized from startup, shutdown, and
malfunction events, including releases from emergency safety vents,
based on review of information including the source's startup,
shutdown, and malfunction plan and design. The director will specify
that these permit conditions apply only when the facility is operating
under its startup, shutdown, and malfunction plan.
PART 271--REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE PROGRAMS
? 1. The authority citation for part 271 continues to read as follows:
Authority: 42 U.S.C. 6905, 6912(a), and 6926.
? 2. Section 271.1(j) is amended by adding the following entries to Table
1 in chronological order by date of publication in the Federal
Register, to read as follows:
Sec. 271.1 Purpose and scope.
* * * * *
(j) * * *
Table 1.--Regulations Implementing the Hazardous and Solid Waste Amendments of 1984
----------------------------------------------------------------------------------------------------------------
Federal Register
Promulgation date Title of Reglation reference Effective date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Oct. 12, 2005........................ Standards for Hazardous [Insert FR page Oct. 12, 2005.
Air Pollutants for numbers].
Hazardous Waste
Combustors.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 05-18824 Filed 10-11-05; 8:45 am]
BILLING CODE 6560-50-P
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