7 Del. Admin. Code § 1302-122-B-122.22

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 1302-122-B-122.22 - Specific Part B information requirements for boilers and industrial furnaces burning hazardous waste

When an owner or operator of a cement or lightweight aggregate kiln demonstrates compliance with the air emission standards and limitations in 40 CFR Part 63, Subpart EEE (i.e., by conducting a comprehensive performance test and submitting a Notification of Compliance), the requirements of this section do not apply. Nevertheless, the Secretary may apply the provisions of this section, on a case-by-case basis, for purposes of information collection in accordance with Section Section 122.10 (k) and 122.32(b)(2).

(a) Trial burns-

(1) General. Except as provided below, owners and operators that are subject to the standards to control organic emissions provided by Section 266.104 of these regulations, standards to control particulate matter provided by Section 266.105 of these regulations, standards to control metals emissions provided by Section 266.106 of these regulations, or standards to control hydrogen chloride or chlorine gas emissions provided by Section 266.107 of these regulations must conduct a trial burn to demonstrate conformance with those standards and must submit a trial burn plan or the results of a trial burn, including all required determinations, in accordance with Section 122.66.

(i) A trial burn to demonstrate conformance with a particular emission standard may be waived under provisions of Section Section 266.104 through 266.107 of these regulations and paragraphs (a)(2) through (a)(5) of this section; and

(ii) The owner or operator may submit data in lieu of a trial burn, as prescribed in paragraph (a)(6) of this section.

(2) Waiver of trial burn for DRE-

(i) Boilers operated under special operating requirements. When seeking to be permitted under Section Section 266.104 (a)(4) and 266.110 of these regulations that automatically waive the DRE trial burn, the owner or operator of a boiler must submit documentation that the boiler operates under the special operating requirements provided by Section 266.110 of these regulations.

(ii) Boilers and industrial furnaces burning low risk waste. When seeking to be permitted under the provisions for low risk waste provided by Section Section 266.104 (a)(5) and 266.109(a) of these regulations that waive the DRE trial burn, the owner or operator must submit:

(A) Documentation that the device is operated in conformance with the requirements of Section 266.109 (a)(1) of these regulations.

(B) Results of analyses of each waste to be burned, documenting the concentrations of nonmetal compounds listed in Appendix VIII of Part 261 of these regulations, except for those constituents that would reasonably not be expected to be in the waste. The constituents excluded from analysis must be identified and the basis for their exclusion explained. The waste analysis must rely on appropriate analytical techniques.

(C) Documentation of hazardous waste firing rates and calculations of reasonable, worst-case emission rates of each constituent identified in paragraph (a)(2)(ii)(B) of this section using procedures provided by Section 266.109(a)(2)(ii) of these regulations.

(D) Results of emissions dispersion modeling for emissions identified in paragraphs (a)(2)(ii)(C) of this section using modeling procedures prescribed by Section 266.106 (h) of these regulations. The Secretary will review the emission modeling conducted by the applicant to determine conformance with these procedures. The Secretary will either approve the modeling or determine that alternate or supplementary modeling is appropriate.

(E) Documentation that the maximum annual average ground level concentration of each constituent identified in paragraph (a)(2)(ii)(B) of this section quantified in conformance with paragraph (a)(2)(ii)(D) of this section does not exceed the allowable ambient level established in Appendices IV or V of Part 266. The acceptable ambient concentration for emitted constituents for which a specific Reference Air Concentration has not been established in Appendix IV or Risk-Specific Dose has not been established in Appendix V is 0.1 micrograms per cubic meter, as noted in the footnote to Appendix IV.

(3) Waiver of trial burn for metals. When seeking to be permitted under the Tier I (or adjusted Tier I) metals feed rate screening limits provided by Section 266.106 (b) and (e) of these regulations that control metals emissions without requiring a trial burn, the owner or operator must submit:

(i) Documentation of the feed rate of hazardous waste, other fuels, and industrial furnace feed stocks;

(ii) Documentation of the concentration of each metal controlled by Section 266.106 (b) or (e) of these regulations in the hazardous waste, other fuels, and industrial furnace feedstocks, and calculations of the total feed rate of each metal;

(iii) Documentation of how the applicant will ensure that the Tier I feed rate screening limits provided by Section 266.106(b) or (e) of these regulations will not be exceeded during the averaging period provided by that paragraph;

(iv) Documentation to support the determination of the terrain-adjusted effective stack height, good engineering practice stack height, terrain type, and land use as provided by Section 266.106 (b)(3) through (b)(5) of these regulations;

(v) Documentation of compliance with the provisions of Section 266.106 (b)(6), if applicable, for facilities with multiple stacks;

(vi) Documentation that the facility does not fail the criteria provided by Section 266.106 (b)(7) for eligibility to comply with the screening limits; and

(vii) Proposed sampling and metals analysis plan for the hazardous waste, other fuels, and industrial furnace feed stocks.

(4) Waiver of trial burn for particulate matter. When seeking to be permitted under the low risk waste provisions of Section 266.109 (b) which waives the particulate standard (and trial burn to demonstrate conformance with the particulate standard), applicants must submit documentation supporting conformance with paragraphs (a)(2)(ii) and (a)(3) of this section.

(5) Waiver of trial burn for HCl and Cl₂. When seeking to be permitted under the Tier I (or adjusted Tier I) feed rate screening limits for total chloride and chlorine provided by Section 266.107 (b)(1) and (e) of these regulations that control emissions of hydrogen chloride (HCl) and chlorine gas (Cl₂) without requiring a trial burn, the owner or operator must submit:

(i) Documentation of the feed rate of hazardous waste, other fuels, and industrial furnace feed stocks;

(ii) Documentation of the levels of total chloride and chlorine in the hazardous waste, other fuels, and industrial furnace feedstocks, and calculations of the total feed rate of total chloride and chlorine;

(iii) Documentation of how the applicant will ensure that the Tier I (or adjusted Tier I) feed rate screening limits provided by Section 266.107 (b)(1) or (e) of these regulations will not be exceeded during the averaging period provided by that paragraph;

(iv) Documentation to support the determination of the terrain-adjusted effective stack height, good engineering practice stack height, terrain type, and land use as provided by Section 266.107 (b)(3) of these regulations;

(v) Documentation of compliance with the provisions of Section 266.107 (b)(4), if applicable, for facilities with multiple stacks;

(vi) Documentation that the facility does not fail the criteria provided by Section 266.107 (b)(3) for eligibility to comply with the screening limits; and

(vii) Proposed sampling and analysis plan for total chloride and chlorine for the hazardous waste, other fuels, and industrial furnace feedstocks.

(6) Data in lieu of trial burn. The owner or operator may seek an exemption from the trial burn requirements to demonstrate conformance with Section Section 266.104 through 266.107 of these regulations and Section 122.66 by providing the information required by Section 122.66 from previous compliance testing of the device in conformance with Section 266.103 of these regulations, or from compliance testing or trial or operational burns of similar boilers or industrial furnaces burning similar hazardous wastes under similar conditions. If data from a similar device is used to support a trial burn waiver, the design and operating information required by Section 122.66 must be provided for both the similar device and the device to which the data is to be applied, and a comparison of the design and operating information must be provided. The Secretary shall approve a permit application without a trial burn if he finds that the hazardous wastes are sufficiently similar, the devices are sufficiently similar, the operating conditions are sufficiently similar, and the data from other compliance tests, trial burns, or operational burns are adequate to specify (under Section 266.102 of these regulations) operating conditions that will ensure conformance with Section 266.102 (c) of these regulations. In addition, the following information shall be submitted:

(i) For a waiver from any trial burn:

(A) A description and analysis of the hazardous waste to be burned compared with the hazardous waste for which data from compliance testing, or operational or trial burns are provided to support the contention that a trial burn is not needed;

(B) The design and operating conditions of the boiler or industrial furnace to be used, compared with that for which comparative burn data are available; and

(C) Such supplemental information as the Secretary finds necessary to achieve the purposes of this paragraph.

(ii) For a waiver of the DRE trial burn, the basis for selection of POHCs used in the other trial or operational burns which demonstrate compliance with the DRE performance standard in Section 266.104 (a) of these regulations. This analysis should specify the constituents in Appendix VIII, Part 261 of these regulations, that the applicant has identified in the hazardous waste for which a permit is sought, and any differences from the POHCs in the hazardous waste for which burn data are provided.

(b) Alternative HC limit for industrial furnaces with organic matter in raw materials. Owners and operators of industrial furnaces requesting an alternative HC limit under Section 266.104(f) of these regulations shall submit the following information at a minimum:

(1) Documentation that the furnace is designed and operated to minimize HC emissions from fuels and raw materials;

(2) Documentation of the proposed baseline flue gas HC (and CO) concentration, including data on HC (and CO) levels during tests when the facility produced normal products under normal operating conditions from normal raw materials while burning normal fuels and when not burning hazardous waste;

(3) Test burn protocol to confirm the baseline HC (and CO) level including information on the type and flow rate of all feedstreams, point of introduction of all feedstreams, total organic carbon content (or other appropriate measure of organic content) of all nonfuel feedstreams, and operating conditions that affect combustion of fuel(s) and destruction of hydrocarbon emissions from nonfuel sources;

(4) Trial burn plan to:

(i) Demonstrate that flue gas HC (and CO) concentrations when burning hazardous waste do not exceed the baseline HC (and CO) level; and

(ii) Identify the types and concentrations of organic compounds listed in Appendix VIII, Part 261 of these regulations, that are emitted when burning hazardous waste in conformance with procedures prescribed by the Secretary;

(5) Implementation plan to monitor over time changes in the operation of the facility that could reduce the baseline HC level and procedures to periodically confirm the baseline HC level; and

(6) Such other information as the Secretary finds necessary to achieve the purposes of this paragraph.

(c) Alternative metals implementation approach. When seeking to be permitted under an alternative metals implementation approach under Section 266.106 (f) of these regulations, the owner or operator must submit documentation specifying how the approach ensures compliance with the metals emissions standards of Section 266.106 (c) or (d) and how the approach can be effectively implemented and monitored. Further, the owner or operator shall provide such other information that the Secretary finds necessary to achieve the purposes of this paragraph.

(d) Automatic waste feed cutoff system. Owners and operators shall submit information describing the automatic waste feed cutoff system, including any pre-alarm systems that may be used.

(e) Direct transfer. Owners and operators that use direct transfer operations to feed hazardous waste from transport vehicles (containers, as defined in Section 266.111 of these regulations) directly to the boiler or industrial furnace shall submit information supporting conformance with the standards for direct transfer provided by Section 266.111 of these regulations.

(f) Residues. Owners and operators that claim that their residues are excluded from regulation under the provisions of Section 266.112 of these regulations must submit information adequate to demonstrate conformance with those provisions.

(Amended July 26, 1994, April 23, 2001)

7 Del. Admin. Code § 1302-122-B-122.22

22 DE Reg. 678 (2/1/2019) (Final)