Cal. Code Regs. tit. 22 § 66270.22

Current through Register 2024 Notice Reg. No. 25, June 21, 2024
Section 66270.22 - Specific Part B Information Requirements for Boilers and Industrial Furnaces Burning Hazardous Waste
(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 66266.104 of chapter 16, standards to control particulate matter provided by section 66266.105 of chapter 16, standards to control metals emission provided by section 66266.106 of chapter 16, or standards to control hydrogen chloride or chlorine gas emissions provided by section 66266.107 of chapter 16 shall conduct a trial burn to demonstrate conformance with those standards and shall submit a trial burn plan or the results of a trial burn, including all required determinations, in accordance with section 66270.66 of this chapter.
(A) A trial burn to demonstrate conformance with a particular emission standard may be waived under provisions of sections 66266.104 through 66266.107 of chapter 16 and subsections (a)(2) through (a)(5) of this section; and
(B) The owner or operator may submit data in lieu of a trial burn, as prescribed in subsection (a)(6) of this section.
(2) Waiver of trial burn for DRE-
(A) Boilers operated under special operating requirements. When seeking to be permitted under sections 66266.104(a)(4) and 66266.110 of chapter 16 that automatically waive the DRE trial burn, the owner or operator of a boiler shall submit documentation that the boiler operates under the special operating requirements provided by section 66266.110 of chapter 16.
(B) Boilers and industrial furnaces burning low risk waste. When seeking to be permitted under the provisions for low risk waste provided by sections 66266.104(a)(5) and 66266.109(a) of chapter 16 that waive the DRE trial burn, the owner or operator shall submit:
1. Documentation that the device is operated in conformance with the requirements of section 66266.109(a)(1) of chapter 16.
2. Results of analyses of each waste to be burned, documenting the concentrations of nonmetal compounds listed in appendix VIII of chapter 11, except for those constituents that would reasonably not be expected to be in the waste. The constituents excluded from analysis shall be identified and the basis for their exclusion explained. The analysis shall rely on analytical techniques specified in Test Methods for Evaluating Solid Waste, Physical/Chemical Methods (incorporated by reference, see section 66260.11).
3. Documentation of hazardous waste firing rates and calculations of reasonable, worst-case emission rates of each constituent identified in subsection (a)(2)(B)2. of this section using procedures provided by section 66266.109(a)(2)(B) of chapter 16.
4. Results of emissions dispersion modeling for emissions identified in subsections (a)(2)(B)3. of this section using modeling procedures prescribed by section 66266.106(h) of chapter 16. The Director will review the emission modeling conducted by the applicant to determine conformance with these procedures. The Director will either approve the modeling or determine that alternate or supplementary modeling is appropriate.
5. Documentation that the maximum annual average ground level concentration of each constituent identified in subsection (a)(2)(B)2. of this section quantified in conformance with subsection (a)(2)(B)4. of this section does not exceed the allowable ambient level established in appendices IV or V of chapter 16. 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 66266.106(b) and (e) of chapter 16 that control metals emissions without requiring a trial burn, the owner or operator shall submit:
(A) Documentation of the feed rate of hazardous waste, other fuels, and industrial furnace feed stocks;
(B) Documentation of the concentration of each metal controlled by section 66266.106(b) or (e) of chapter 16 in the hazardous waste, other fuels, and industrial furnace feedstocks, and calculations of the total feed rate of each metal;
(C) Documentation of how the applicant will ensure that the Tier I feed rate screening limits provided by section 66266.106(b) or (e) of chapter 16 will not be exceeded during the averaging period provided by that subsection;
(D) 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 66266.106(b)(3) through (b)(5) of chapter 16;
(E) Documentation of compliance with the provisions of section 66266.106(b)(6), if applicable, for facilities with multiple stacks;
(F) Documentation that the facility does not fail the criteria provided by section 66266.106(b)(7) for eligibility to comply with the screening limits; and
(G) 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 66266.109(b) which waives the particulate standard (and trial burn to demonstrate conformance with the particulate standard), applicants shall submit documentation supporting conformance with subsections (a)(2)(B) 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 66266.107(b)(1) and (e) of chapter 16 that control emissions of hydrogen chloride (HCl) and chlorine gas (Cl2) without requiring a trial burn, the owner or operator shall submit:
(A) Documentation of the feed rate of hazardous waste, other fuels, and industrial furnace feed stocks;
(B) 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;
(C) Documentation of how the applicant will ensure that the Tier I (or adjusted Tier I) feed rate screening limits provided by section 66266.107(b)(1) or (e) of chapter 16 will not be exceeded during the averaging period provided by that subsection;
(D) 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 66266.107(b)(3) of chapter 16;
(E) Documentation of compliance with the provisions of section 66266.107(b)(4), if applicable, for facilities with multiple stacks;
(F) Documentation that the facility does not fail the criteria provided by section 66266.107(b)(3) for eligibility to comply with the screening limits; and
(G) 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 sections 66266.104 through 66266.107 of chapter 16 and section 66270.66 by providing the information required by section 66270.66 from previous compliance testing of the device in conformance with section 66266.103 of chapter 16, 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 66270.66 shall 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 shall be provided. The Director shall approve a permit application without a trial burn if the Director 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 66266.102 of chapter 16) operating conditions that will ensure conformance with section 66266.102(c) of chapter 16. In addition, the following information shall be submitted:
(A) For a waiver from any trial burn:
1. 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;
2. 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
3. Such supplemental information as the Director finds necessary to achieve the purposes of this subsection.
(B) 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 66266.104(a) of chapter 16. This analysis should specify the constituents in appendix VIII, of chapter 11, 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 66266.104(f) of chapter 16 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:
(A) Demonstrate that flue gas HC (and CO) concentrations when burning hazardous waste do not exceed the baseline HC (and CO) level; and
(B) Identify the types and concentrations of organic compounds listed in appendix VIII of chapter 11, that are emitted when burning hazardous waste in conformance with procedures prescribed by the Director;
(5) Implementation plan to monitor over time changes in the operation of the facility that could reduce the baseline HC level and procedures to periodically confirm the baseline HC level; and
(6) Such other information as the Director finds necessary to achieve the purposes of this subsection.
(c) Alternative metals implementation approach. When seeking to be permitted under an alternative metals implementation approach under section 66266.106(f) of chapter 16, the owner or operator shall submit documentation specifying how the approach ensures compliance with the metals emissions standards of section 66266.106(c) or (d) and how the approach can be effectively implemented and monitored. Further, the owner or operator shall provide such other information that the Director finds necessary to achieve the purposes of this subsection.
(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 66266.111 of chapter 16) directly to the boiler or industrial furnace shall submit information supporting conformance with the standards for direct transfer provided by section 66266.111 of chapter 16.
(f) Residues. Owners and operators that claim that their residues are excluded from regulation under the provisions of section 66266.112 of chapter 16 shall submit information adequate to demonstrate conformance with those provisions.

Cal. Code Regs. Tit. 22, § 66270.22

1. New section filed 7-1-96; operative 7-31-96 (Register 96, No. 27).
2. Change without regulatory effect amending subsections (a)(3)(D) and (a)(5) filed 7-1-2004 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 27).

Note: Authority cited: Sections 25150, 25159, 25159.5, 25245, 58004 and 58012, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 270.22.

1. New section filed 7-1-96; operative 7-31-96 (Register 96, No. 27).
2. Change without regulatory effect amending subsections (a)(3)(D) and (a)(5) filed 7-1-2004 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 27).