6 Colo. Code Regs. § 1007-3-100.2.28

Current through Register Vol. 47, No. 11, June 10, 2024

Section 6 CCR 1007-3-100.2.28 - Permits for incinerators, boilers, and industrial furnaces burning hazardous waste

(a)General. Owners and operators of new incinerators, boilers and industrial furnaces (those not operating under the interim status standards of Subparts O or H, Part 265 of these regulations) are subject to paragraphs (b) through (f) of this section. Incinerators operating under the interim status standards of Subpart O of Part 265, and boilers and industrial furnaces operating under the interim status standards of Subpart H of Part 265 of these regulations are subject to paragraph (g) of this section.

(b)Permit operating periods for new incinerators, boilers and industrial furnaces. A permit for a new incinerator, boiler or industrial furnace shall specify appropriate conditions for the following operating periods:

(1)Pretrial burn period. For the purposes of determining operational readiness following completion of physical construction, the Director must establish permit conditions, including but not limited to allowable waste feeds and operating conditions, in the permit to a new hazardous waste incinerator, boiler or industrial furnace. These permit conditions will be effective for the minimum time required to bring the incinerator, boiler or industrial furnace to a point of operational readiness sufficient to conduct a trial burn, not to exceed 720 hours operating time for treatment of hazardous waste. The Director may extend the duration of this operational period once, for up to 720 additional hours, at the request of the applicant when good cause is shown. The permit may be modified to reflect the extension according to § 100.63 of these regulations.

(i) Applicants must submit a statement, with part B of the permit application, which suggests the conditions necessary to operate in compliance with the standards of §§ 264.342 through 264.345 of these regulations during this period. This statement should include, at a minimum, restrictions on the applicable operating requirements identified in § 264.346 of these regulations..

(ii) The Director will review this statement and any other relevant information submitted with part B of the permit application and specify requirements for this period sufficient to meet the performance standards of §§ 263.342 through 264.345 of these regulations based on his/her engineering judgment.

(2)Trial burn period. For the duration of the trial burn, the Director must establish conditions in the permit for the purposes of determining feasibility of compliance with the performance standards of § § 264.342 through 264.345 of these regulations and determining adequate operating conditions under § 264.346 of these regulations. Applicants must propose a trial burn plan, prepared under paragraph (c) of this section, to be submitted with part B of the permit application.

(3)Post-trial burn period;

(i) For the period immediately following completion of the trial burn, and only for the minimum period sufficient to allow sample analysis, data computation, and submission of the trial burn results by the applicant, and review of the trial burn results and modification of the facility permit by the Director to reflect the trial burn results, the Director will establish operating requirements, including, but not limited to, allowable waste feeds most likely to ensure compliance with the performance standards of § § 264.342 through 264.345 of these regulations based on his/her engineering judgment.

(ii) Applicants must submit a statement, with part B of the application, which identifies the conditions necessary to operate during this period in compliance with the performance standards of § § 264.342 through 264.345 of these regulations. This statement should include, at a minimum, restrictions on the operating requirements provided by § 264.346 of these regulations.

(iii) The Director will review this statement and any other relevant information submitted with part B of the permit application and specify requirements for this period sufficient to meet the performance standards of § § 264.342 through 264.345 of these regulations based on his/her engineering judgment.

(4)Final permit period. For the final period of operation, the Director will develop operating requirements in conformance with § 264.346 of these regulations that reflect conditions in the trial burn plan and are likely to ensure compliance with the performance standards of § § 264.342 through 264.345 of these regulations. Based on the trial burn results, the Director shall make any necessary modifications to the operating requirements to ensure compliance with the performance standards. The permit modification shall proceed according to § 100.63 of these regulations.

(c)Requirements for trial burn plans. The trial burn plan must include the following information. The Director, in reviewing the trial burn plan, shall evaluate the sufficiency of the information provided and may require the applicant to supplement this information, if necessary, to achieve the purposes of this paragraph:

(1) An analysis of each feed stream, including hazardous waste, other fuels, and industrial furnace feed stocks, as fired, that includes:

(i) Heating value, levels of antimony, arsenic, barium, beryllium, cadmium, chromium, lead, mercury, silver, thallium, total chlorine/chloride, and ash;

(ii) Viscosity or description of the physical form of the feed stream;

(2) An analysis of each hazardous waste, as fired, including:

(i) An identification of any hazardous organic constituents listed in Appendix VIII of Part 261 of these regulations that are present in the feed stream, except that the applicant need not analyze for constituents listed in Appendix VIII that would reasonably not be expected to be found in the hazardous waste. The constituents excluded from analysis must be identified and the basis for this exclusion explained. The waste analysis must be conducted in accordance with appropriate analytical techniques.

(ii) An approximate quantification of the hazardous constituents identified in the hazardous waste, within the precision produced by appropriate analytical methods.

(iii) A description of blending procedures, if applicable, prior to firing the hazardous waste, including a detailed analysis of the hazardous waste prior to blending, an analysis of the material with which the hazardous waste is blended, and blending ratios.

(3) A detailed engineering description of the incinerator, boiler or industrial furnace, including:

(i) Manufacturer's name and model number of the incinerator, boiler or industrial furnace;

(ii) Type of incinerator, boiler or industrial furnace;

(iii) Maximum design capacity in appropriate units;

(iv) Description of the feed system for the hazardous waste, and, as appropriate, other fuels and industrial furnace feedstocks;

(v) Capacity of hazardous waste feed system;

(vi) Description of automatic hazardous waste feed cutoff system(s);

(vii) Description of any air pollution control system;

(viii) Description of stack gas monitoring and any pollution control monitoring systems;

(ix) Linear dimensions of the incinerator, boiler or industrial furnace unit, including the cross sectional area of the combustion chamber;

(x) The capacity of the prime mover (if applicable);

(xi) The nozzle and burner design (if applicable);

(xii) A description of any auxiliary fuel system (type/feed);

(xiii) Construction materials; and

(xiv) Location and description of temperature, pressure, and flow indicating and control devices.

(4) A detailed description of sampling and monitoring procedures including sampling and monitoring locations in the system, the equipment to be used, sampling and monitoring frequency, and planned analytical procedures for sample analysis.

(5) A detailed test schedule for each hazardous waste for which the trial burn is planned, including date(s), duration, quantity of hazardous waste to be burned, and other factors relevant to the Director's decision under paragraph (d)(2) of this section.

(6) A detailed test protocol, including, for each hazardous waste identified, the ranges of hazardous waste feed rate, and, as appropriate, the feed rates of other fuels and industrial furnace feedstocks, and any other relevant parameters that may affect the ability of the incinerator, boiler or industrial furnace to meet the performance standards in § § 264.342 through 262.345 of these regulations.

(7) A description of, and planned operating conditions for, any emission control equipment that will be used.

(8) Procedures for rapidly stopping the hazardous waste feed, shutting down the incinerator, and controlling emissions in the event of an equipment malfunction.

(9) The procedures and results of the Pre-trial Burn Risk Assessment required under § 100.28(h) of these regulations.

(10) Such other information as the Director reasonably finds necessary to determine whether to approve the trial burn plan in light of the purposes of this paragraph and the criteria in paragraph (d)(2) of this section.

(d)Trial burn procedures.

(1) A trial burn must be conducted to demonstrate conformance with the standards of §§ 264.342 through 264.345 of these regulations under an approved trial burn plan.

(2) The Director shall approve a trial burn plan if he/she finds that:

(i) The trial burn is likely to determine whether the incinerator, boiler or industrial furnace can meet the performance standards of § § 264.342 through 264.345 of these regulations;

(ii) The trial burn itself will not present an imminent hazard to human health and the environment;

(iii) The trial burn will help the Director to determine operating requirements to be specified under § 264.346 of these regulations; and

(iv) The information sought in the trial burn cannot reasonably be developed through other means.

(3) The Director must send a notice to all persons on the facility mailing list as set forth in § 100.506(c)(1)(iv) of these regulations and to the appropriate units of State and local government as set forth in § 100.506(c)(1)(V) of these regulations announcing the scheduled commencement and completion dates for the trial burn. The applicant may not commence the trial burn until after the Director has issued such notice.

(i) This notice must be mailed within a reasonable time period before the trial burn.

An additional notice is not required if the trial burn is delayed due to circumstances beyond the control of the facility or the permitting agency.

(ii) This notice must contain:

(A) The name and telephone number of applicant's contact person;

(B) The name and telephone number of the permitting agency contact office;

(C) The location where the approved trial burn plan and any supporting documents can be reviewed and copied; and

(D) An expected time period for commencement and completion of the trial burn.

(4) The applicant must submit to the Director a certification that the trial burn has been carried out in accordance with the approved trial burn plan, and must submit the results of all the determinations required in paragraph (f) of this section. This submission shall be made within 90 days of completion of the trial burn, or later if approved by the Director.

(5) All data collected during any trial burn must be submitted to the Director following completion of the trial burn.

(6) All submissions required by this paragraph must be certified on behalf of the applicant by the signature of a person authorized to sign a permit application or a report under § 100.44.

(e)Special procedures for DRE trial burns. Based on the hazardous waste analysis data and other information in the trial burn plan, the Director will specify, as trial Principal Organic Hazardous Constituents (POHCs), those compounds for which destruction and removal efficiencies must be calculated during the trial burn. These trial POHCs will be specified by the Director based on information including his/her estimate of the difficulty of destroying the constituents identified in the hazardous waste analysis, their concentrations or mass in the hazardous waste feed, and, for hazardous waste containing or derived from wastes listed in Part 261, Subpart D of these regulations, the hazardous waste organic constituent(s) identified in Appendix VII of that part as the basis for listing.

(f)Determinations based on trial burn. During each approved trial burn (or as soon after the burn as is practicable), the applicant must make the following determinations:

(1) A quantitative analysis of the levels of antimony, arsenic, barium, beryllium, cadmium, chromium, lead, mercury, thallium, silver, and chlorine/chloride, in the feed streams (hazardous waste, other fuels, and industrial furnace feedstocks);

(2) For determining compliance with the DRE trial burn:

(i) A quantitative analysis of the trial POHCs in the hazardous waste feed;

(ii) A quantitative analysis of the stack gas for the concentration and mass emissions of the trial POHCs; and

(iii) A computation of destruction and removal efficiency (DRE), in accordance with the DRE formula specified in § 264.342(b) of these regulations;

(3) A quantitative analysis of the stack gas for the concentration and mass emission rate of the 2,3,7,8-chlorinated tetra-octa congeners of chlorinated dibenzo-p-dioxins and furans, and a computation showing conformance with the emission standard;

(4) A quantitative analysis of the stack gas for the concentrations and mass emissions of particulate matter, metals, or hydrogen chloride (HCl) and chlorine (Cl2), and computations showing conformance with the applicable emission performance standards;

(5) A quantitative analysis of the scrubber water (if any), ash residues, other residues, and products for the purpose of estimating the fate of the trial POHCs, metals, and chlorine/chloride;

(6) An identification of sources of fugitive emissions and their means of control;

(7) A continuous measurement of carbon monoxide (CO), oxygen, and where required, hydrocarbons (HC), in the stack gas; and

(8) A measurement of average, maximum, and minimum temperatures of the combustion gas and the combustion gas velocity.

(9) A quantitative analysis of the exhaust gas for the concentration and mass emission rate(s) of any Part 261, Appendix VIII organic compounds, and any identified organic products of incomplete combustion (PICs).

(10) A continuous measurement of any PICs in the exhaust gas (if required by the Director under § 264.347 of these regulations).

(11) Such other information as the Director may specify as necessary to ensure that the trial burn will determine compliance with the performance standards in § § 264.342 through 264.345 of these regulations and to establish the operating conditions required by § 264.346 of these regulations as necessary to meet those performance standards.

(g)Interim status incinerators, boilers and industrial furnaces. For the purpose of determining feasibility of compliance with the performance standards of §§ 264.342 through 264.345 of these regulations and of determining adequate operating conditions under Part 265, Subpart O of these regulations for incinerators and under Part 265, Subpart H of these regulations for boilers or industrial furnaces, applicants owning or operating existing incinerators, boilers or industrial furnaces operated under the interim status standards of Subpart O or Subpart H of Part 265 of these regulations must either prepare and submit a trial burn plan and perform a trial burn in accordance with the requirements of this section or submit other information as specified in § 100.41(b)(5)(v). The Director must announce his or her intention to approve of the trial burn plan in accordance with the timing and distribution requirements of paragraph (d)(3) of this section. The contents of the notice must include: the name and telephone number of a contact person at the facility; the name and telephone number of a contact office at the permitting agency; the location where the trial burn plan and any supporting documents can be reviewed and copied; and a schedule of the activities that are required prior to permit issuance, including the anticipated time schedule for agency approval of the plan and the time periods during which the trial burn would be conducted. Applicants who submit a trial burn plan and receive approval before submission of the part B permit application must complete the trial burn and submit the results specified in paragraph (f) of this section with the part B permit application. If completion of this process conflicts with the date set for submission of the part B application, the applicant must contact the Director to establish a later date for submission of the part B application or the trial burn results. If the applicant submits a trial burn plan with part B of the permit application, the trial burn must be conducted and the results submitted within a time period prior to permit issuance to be specified by the Director.

(h)Pre-Trial Burn Multi-Pathway Health Risk Assessment (MPHRA)

(1) The applicant shall provide an estimate of stack emissions from the proposed incineration, boiler, or industrial furnace facility with the trial burn plan as part of the application. The basis for these estimates shall be clearly defined in the application. The applicant shall consider all Part 261, Appendix VIII compounds reasonably expected to be in the waste or in the emissions in this estimate. The applicant will assume 99.99% DRE for organic waste feed constituents, including Principal Organic Hazardous Constituents (POHCs), unless other information is available for the applicant to justify, or the Director to require, modifying this assumption.

(2) The applicant shall perform air dispersion modeling for the estimated emissions using an air dispersion model approved for this application by the Director. The results of this modeling shall be included as part of the application. The name of the dispersion model(s) utilized, and assumptions and inputs to the model(s) shall be clearly defined in the application.

(3) The applicant shall perform a MPHRA using the results obtained from the air dispersion modeling for the estimated emissions of Part 261, Appendix VIII compounds. The MPHRA shall examine exposure to adults and children and include the following exposure pathways:

(i) direct inhalation,

(ii) dermal exposure,

(iii) exposure resulting from deposition of metallic and organic compounds in soil, surface water, and due to ingestion of local and homegrown foodstuffs, or fish.

(4) The applicant shall include the results of the MPHRA in the permit application. The methodology, assumptions and inputs to the risk assessment shall be clearly defined in the application.

(5) Comparison of estimated emissions to Part 264-Subpart O Performance Standards and to the Standards for Hazardous Air Pollutants for Hazardous Waste Combustors (the "MACT Standards") of 40 CFR Part 63, Subpart EEE:

(i) The applicant shall perform a side by side comparison of the predicted ambient air concentrations calculated from the approved air dispersion model, which are based on an estimate of emissions from the facility, with the performance standards of Part 264- Subpart O and the MACT Standards of 40 CFR Part 63 , Subpart EEE. The results of this comparison shall be reported in the trial burn portion of the application.

(ii) If any Part 264-Subpart O Performance Standard or any MACT Standard of 40 CFR Part 63 , Subpart EEE is exceeded based on the estimated stack emissions, the results of the air dispersion modeling, and the resultant MPHRA conducted under paragraph (c)(5) of this section, the facility shall provide a discussion of the results, and propose an approach to ensure that the standards will be met if an operating permit were issued by the Department.

(iii) If the applicant is unable to propose an approach to ensure that the applicable Part 264, Subpart O standard or, MACT standard can be met, then the Director may deny a permit for the active life of a hazardous waste management facility or unit.

(i)Post-Trial Burn MPHRA:

(1) Following completion of an approved trial burn, the owner or operator shall perform air dispersion modeling for the measured emissions of Part 261, Appendix VIII compounds and products of incomplete combustion (PICs) using an air dispersion model approved for this application by the Director.

(2) The results of this modeling shall be submitted with the trial burn results. The name of the dispersion model(s) utilized, and the assumptions and inputs to the dispersion model(s) shall be clearly defined in the trial burn report.

(3) The owner or operator shall perform a MPHRA using the results of stack sampling and results obtained from the air dispersion modeling for the measured emissions. The methodology, assumptions and inputs to the risk assessment shall be clearly defined in the trial burn report The MPHRA shall examine exposure to adults and children and include the following exposure pathways:

(i) direct inhalation,

(ii) dermal exposure,

(iii) exposure resulting from deposition of metallic and organic compounds in soil, vegetation, surface water, and due to ingestion of local foodstuffs or fish.

(4) Comparison of measured emissions to trial burn permit emission standards:

(i) The facility shall report the results of all Part 261, Appendix VIII and any other organic compounds sampled and analyzed during the trial burn(s).

(ii) The owner or operator shall perform a comparison of the measured emissions with the applicable permit emission standards.

(A) If the constituent specific measured emissions comply with the applicable permit emission standards then the trial-burn permit emission standards become the final permit emission standards for the incinerator, boiler, or industrial furnace.

(B) If a constituent specific measured emission(s) exceeds an applicable permit trial burn emission standard, then the Permittee must describe an alternative approach for operation of the hazardous waste combustion system that will ensure compliance with the acceptable performance standard defined under § 264.342(a) of these regulations. If the proposed alternative approach includes modification of any permit emission standard or operating condition in the permit, then the Permittee must modify the permit in accordance with §100.63 of these regulations. In evaluating the alternative approach or any associated permit modification, the Director may require that the MPHRA or the trial burn be repeated to ensure that the acceptable performance standard is achieved.

6 CCR 1007-3-100.2.28

37 CR 24, December 25, 2014, effective 3/2/2015

38 CR 11, June 10, 2015, effective 6/30/2015

39 CR 05, March 10, 2016, effective 3/30/2016

39 CR 11, June 10, 2016, effective 6/30/2016

40 CR 06, March 25, 2017, effective 4/14/2017

40 CR 11, June 10, 2017, effective 6/30/2017

40 CR 21, November 10, 2017, effective 11/30/2017

41 CR 06, March 25, 2018, effective 4/14/2018

41 CR 11, June 10, 2018, effective 6/30/2018

41 CR 24, December 25, 2018, effective 1/14/2019

42 CR 06, March 25, 2019, effective 4/14/2019

42 CR 06, March 25, 2019, effective 5/30/2019

42 CR 11, June 10, 2019, effective 6/30/2019

43 CR 12, June 25, 2020, effective 7/15/2020

44 CR 06, March 25, 2021, effective 4/14/2021

44 CR 11, June 10, 2021, effective 6/30/2021

44 CR 24, December 25, 2021, effective 1/14/2022

45 CR 11, June 10, 2022, effective 6/30/2022

45 CR 17, September 10, 2022, effective 9/10/2022

45 CR 17, September 10, 2022, effective 9/30/2022

45 CR 23, December 10, 2022, effective 1/30/2023