§ 66266.102. Permit Standards for Burners.

(a) Applicability-(1) General. Owners and operators of boilers and industrial furnaces burning hazardous waste and not operating under interim status shall comply with the requirements of this section and sections 66270.22 and 66270.66 of this division, unless exempt under the small quantity burner exemption of section 66266.108.

(2) Applicability of Chapter 14 standards. Owners and operators of boilers and industrial furnaces that burn hazardous waste are subject to the following provisions of Chapter 14, except as provided otherwise by this article:

(A) In article 1 (General), section 66264.4;

(B) In article 2 (General facility standards), sections 66264.11-66264.18;

(C) In article 3 (Preparedness and prevention), sections 66264.31-66264.37;

(D) In article 4 (Contingency plan and emergency procedures), sections 66264.51-66264.56;

(E) In article 5 (Manifest system, recordkeeping, and reporting), the applicable provisions of sections 66264.71-66264.77.

(F) In article 6 (Corrective Action), sections 66264.90 and 66264.101;

(G) In article 7 (Closure and post-closure), sections 66264.111- 66264.115;

(H) In article 8 (Financial requirements), sections 66264.141, 66264.142, 66264.143, and 66264.147-66264.148, except that States and the Federal government are exempt from the requirements of article 8; and

(I) Article 28 (Air emission standards for equipment leaks), except sections 66264.1050(a).

(b) Hazardous waste analysis. (1) The owner or operator shall provide an analysis of the hazardous waste that quantifies the concentration of any constituent identified in appendix VIII of chapter 11 of this division that may reasonably be expected to be in the waste. Such constituents shall be identified and quantified if present, at levels detectable by analytical procedures prescribed by Test Methods for Evaluating Solid Waste, Physical/Chemical Methods (incorporated by reference, see section 66260.11 of this division). Alternate methods that meet or exceed the method performance capabilities of SW-846 methods may be used. If SW-846 does not prescribe a method for a particular determination, the owner or operator shall use the best available method. The appendix VIII, chapter 11, division 4.5 constituents excluded from this analysis shall be identified and the basis for their exclusion explained. This analysis will be used to provide all information required by this article and section 66270.22 and section 66270.66 of this division and to enable the permit writer to prescribe such permit conditions as necessary to protect human health and the environment. Such analysis shall be included as a portion of the part B permit application, or, for facilities operating under the interim status standards of this article, as a portion of the trial burn plan that may be submitted before the part B application under provisions of section 66270.66(g) of chapter 20 as well as any other analysis required by the permit authority in preparing the permit. Owners and operators of boilers and industrial furnaces not operating under the interim status standards shall provide the information required by sections 66270.22 or 66270.66(c) of this division in the part B application to the greatest extent possible.

(2) Throughout normal operation, the owner or operator shall conduct sampling and analysis as necessary to ensure that the hazardous waste, other fuels, and industrial furnace feedstocks fired into the boiler or industrial furnace are within the physical and chemical composition limits specified in the permit.

(c) Emissions standards. Owners and operators shall comply with emissions standards provided by sections 66266.104 through 66266.107.

(d) Permits. (1) The owner or operator may burn only hazardous wastes specified in the facility permit and only under the operating conditions specified under subsection (e) of this section, except in approved trial burns under the conditions specified in section 66270.66 of this division.

(2) Hazardous wastes not specified in the permit may not be burned until operating conditions have been specified under a new permit or permit modification, as applicable. Operating requirements for new wastes may be based on either trial burn results or alternative data included with part B of a permit application under section 66270.22 of this division.

(3) Boilers and industrial furnaces operating under the interim status standards of section 66266.103 are permitted under procedures provided by section 66270.66(g) of this division.

(4) A permit for a new boiler or industrial furnace (those boilers and industrial furnaces not operating under the interim status standards) shall establish appropriate conditions for each of the applicable requirements of this section, including but not limited to allowable hazardous waste firing rates and operating conditions necessary to meet the requirements of subsection (e) of this section, in order to comply with the following standards:

(A) For the period beginning with initial introduction of hazardous waste and ending with initiation of the trial burn, and only for the minimum time required to bring the device to a point of operational readiness to conduct a trial burn, not to exceed a duration of 720 hours operating time when burning hazardous waste, the operating requirements shall be those most likely to ensure compliance with the emission standards of sections 66266.104 through 66266.107, based on the Director's engineering judgment. If the applicant is seeking a waiver from a trial burn to demonstrate conformance with a particular emission standard, the operating requirements during this initial period of operation shall include those specified by the applicable provisions of section 66266.104, section 66266.105, section 66266.106, or section 66266.107. The Director may extend the duration of this period for up to 720 additional hours when good cause for the extension is demonstrated by the applicant.

(B) For the duration of the trial burn, the operating requirements shall be sufficient to demonstrate compliance with the emissions standards of sections 66266.104 through 66266.107 and shall be in accordance with the approved trial burn plan;

(C) For the period immediately following completion of the trial burn, and only for the minimum period sufficient to allow sample analysis, data computation, submission of the trial burn results by the applicant, review of the trial burn results and modification of the facility permit by the Director to reflect the trial burn results, the operating requirements shall be those most likely to ensure compliance with the emission standards sections 66266.104 through 66266.107 based on the Director's engineering judgment.

(D) For the remaining duration of the permit, the operating requirements shall be those demonstrated in a trial burn or by alternative data specified in section 66270.22 of chapter 20, as sufficient to ensure compliance with the emissions standards of sections 66266.104 through 66266.107.

(e) Operating requirements-(1) General. A boiler or industrial furnace burning hazardous waste shall be operated in accordance with the operating requirements specified in the permit at all times where there is hazardous waste in the unit.

(2) Requirements to ensure compliance with the organic emissions standards- (A) DRE standard. Operating conditions will be specified either on a case-by-case basis for each hazardous waste burned as those demonstrated (in a trial burn or by alternative data as specified in section 66270.22) to be sufficient to comply with the destruction and removal efficiency (DRE) performance standard of section 66266.104(a) or as those special operating requirements provided by section 66266.104(a)(4) for the waiver of the DRE trial burn. When the DRE trial burn is not waived under section 66266.104(a)(4), each set of operating requirements shall specify the composition of the hazardous waste (including acceptable variations in the physical and chemical properties of the hazardous waste which will not affect compliance with the DRE performance standard) to which the operating requirements apply. For each such hazardous waste, the permit shall specify acceptable operating limits including, but not limited to, the following conditions as appropriate:

1. Feed rate of hazardous waste and other fuels measured and specified as prescribed in subsection (e)(6) of this section;

2. Minimum and maximum device production rate when producing normal product expressed in appropriate units, measured and specified as prescribed in subsection (e)(6) of this section;

3. Appropriate controls of the hazardous waste firing system;

4. Allowable variation in boiler and industrial furnace system design or operating procedures;

5. Minimum combustion gas temperature measured at a location indicative of combustion chamber temperature, measured and specified as prescribed in subsection (e)(6) of this section;

6. An appropriate indicator of combustion gas velocity, measured and specified as prescribed in subsection (e)(6) of this section, unless documentation is provided under section 66270.66 of chapter 20 demonstrating adequate combustion gas residence time; and

7. Such other operating requirements as are necessary to ensure that the DRE performance standard of section 66266.104(a) is met.

(B) Carbon monoxide and hydrocarbon standards. The permit shall incorporate a carbon monoxide (CO) limit and, as appropriate, a hydrocarbon (HC) limit as provided by subsections (b), (c), (d), (e) and (f) of section 66266.104. The permit limits will be specified as follows:

1. When complying with the CO standard of section 66266.104(b)(1), the permit limit is 100 ppmv;

2. When complying with the alternative CO standard under section 66266.104(c), the permit limit for CO is based on the trial burn and is established as the average over all valid runs of the highest hourly rolling average CO level of each run, and the permit limit for HC is 20 ppmv (as defined in section 66266.104(c)(1)), except as provided in section 66266.104(f).

3. When complying with the alternative HC limit for industrial furnaces under section 66266.104(f), the permit limit for HC and CO is the baseline level when hazardous waste is not burned as specified by that subsection.

(C) Start-up and shut-down. During start-up and shut-down of the boiler or industrial furnace, hazardous waste (except waste fed solely as an ingredient under the Tier I (or adjusted Tier I) feed rate screening limits for metals and chloride/chlorine, and except low risk waste exempt from the trial burn requirements under sections 66266.104(a)(5), 66266.105, 66266.106, and 66266.107) shall not be fed into the device unless the device is operating within the conditions of operation specified in the permit.

(3) Requirements to ensure conformance with the particulate standard. (A) Except as provided in subsections (e)(3)(B) and (C) of this section, the permit shall specify the following operating requirements to ensure conformance with the particulate standard specified in section 66266.105:

1. Total ash feed rate to the device from hazardous waste, other fuels, and industrial furnace feedstocks, measured and specified as prescribed in subsection (e)(6) of this section;

2. Maximum device production rate when producing normal product expressed in appropriate units, and measured and specified as prescribed in subsection (e)(6) of this section;

3. Appropriate controls on operation and maintenance of the hazardous waste firing system and any air pollution control system;

4. Allowable variation in boiler and industrial furnace system design including any air pollution control system or operating procedures; and

5. Such other operating requirements as are necessary to ensure that the particulate standard in section 66266.105(b) is met.

(B) Permit conditions to ensure conformance with the particulate matter standard shall not be provided for facilities exempt from the particulate matter standard under section 66266.105(b);

(C) For cement kilns and light-weight aggregate kilns, permit conditions to ensure compliance with the particulate standard shall not limit the ash content of hazardous waste or other feed materials.

(4) Requirements to ensure conformance with the metals emissions standard. (A) For conformance with the Tier I (or adjusted Tier I) metals feed rate screening limits of subsections (b) or (e) of section 66266.106, the permit shall specify the following operating requirements:

1. Total feed rate of each metal in hazardous waste, other fuels, and industrial furnace feedstocks measured and specified under provisions of subsection (e)(6) of this section;

2. Total feed rate of hazardous waste measured and specified as prescribed in subsection (e)(6) of this section;

3. A sampling and metals analysis program for the hazardous waste, other fuels, and industrial furnace feedstocks;

(B) For conformance with the Tier II metals emission rate screening limits under section 66266.106(c) and the Tier III metals controls under section 66266.106(d), the permit shall specify the following operating requirements:

1. Maximum emission rate for each metal specified as the average emission rate during the trial burn;

2. Feed rate of total hazardous waste and pumpable hazardous waste, each measured and specified as prescribed in subsection (e)(6)(A) of this section;

3. Feed rate of each metal in the following feedstreams, measured and specified as prescribed in subsection (e)(6) of this section:

a. Total feed streams;

b. Total hazardous waste feed; and

c. Total pumpable hazardous waste feed;

4. Total feed rate of chlorine and chloride in total feed streams measured and specified as prescribed in subsection (e)(6) of this section;

5. Maximum combustion gas temperature measured at a location indicative of combustion chamber temperature, and measured and specified as prescribed in subsection (e)(6) of this section;

6. Maximum flue gas temperature at the inlet to the particulate matter air pollution control system measured and specified as prescribed in subsection (e)(6) of this section;

7. Maximum device production rate when producing normal product expressed in appropriate units and measured and specified as prescribed in subsection (e)(6) of this section;

8. Appropriate controls on operation and maintenance of the hazardous waste firing system and any air pollution control system;

9. Allowable variation in boiler and industrial furnace system design including any air pollution control system or operating procedures; and

10. Such other operating requirements as are necessary to ensure that the metals standards under sections 66266.106(c) or 66266.106(d) are met.

(C) For conformance with an alternative implementation approach approved by the Director under section 66266.106(f), the permit will specify the following operating requirements:

1. Maximum emission rate for each metal specified as the average emission rate during the trial burn;

2. Feed rate of total hazardous waste and pumpable hazardous waste, each measured and specified as prescribed in subsection (e)(6)(A) of this section;

3. Feed rate of each metal in the following feedstreams, measured and specified as prescribed in subsection (e)(6) of this section:

a. Total hazardous waste feed; and

b. Total pumpable hazardous waste feed;

4. Total feed rate of chlorine and chloride in total feed streams measured and specified as prescribed in subsection (e)(6) of this section;

5. Maximum combustion gas temperature measured at a location indicative of combustion chamber temperature, and measured and specified as prescribed in subsection (e)(6) of this section;

6. Maximum flue gas temperature at the inlet to the particulate matter air pollution control system measured and specified as prescribed in subsection (e)(6) of this section;

7. Maximum device production rate when producing normal product expressed in appropriate units and measured and specified as prescribed in subsection (e)(6) of this section;

8. Appropriate controls on operation and maintenance of the hazardous waste firing system and any air pollution control system;

9. Allowable variation in boiler and industrial furnace system design including any air pollution control system or operating procedures; and

10. Such other operating requirements as are necessary to ensure that the metals standards under sections 66266.106(c) or 66266.106(d) are met.

(5) Requirements to ensure conformance with the hydrogen chloride and chlorine gas standards. (A) For conformance with the Tier I total chloride and chlorine feed rate screening limits of section 66266.107(b)(1), the permit will specify the following operating requirements:

1. Feed rate of total chloride and chlorine in hazardous waste, other fuels, and industrial furnace feedstocks measured and specified as prescribed in subsection (e)(6) of this section;

2. Feed rate of total hazardous waste measured and specified as prescribed in subsection (e)(6) of this section;

3. A sampling and analysis program for total chloride and chlorine for the hazardous waste, other fuels, and industrial furnace feedstocks;

(B) For conformance with the Tier II HCl and Cl ₂ emission rate screening limits under section 66266.107(b)(2) and the Tier III HCl and Cl ₂ controls under section 66266.107(c), the permit shall specify the following operating requirements:

1. Maximum emission rate for HCl and for Cl ₂ specified as the average emission rate during the trial burn;

2. Feed rate of total hazardous waste measured and specified as prescribed in subsection (e)(6) of this section;

3. Total feed rate of chlorine and chloride in total feed streams, measured and specified as prescribed in subsection (e)(6) of this section;

4. Maximum device production rate when producing normal product expressed in appropriate units, measured and specified as prescribed in subsection (e)(6) of this section;

5. Appropriate controls on operation and maintenance of the hazardous waste firing system and any air pollution control system;

6. Allowable variation in boiler and industrial furnace system design including any air pollution system or operating procedures; and

7. Such other operating requirements as are necessary to ensure that the HCl and Cl ₂ standards under section 66266.107(b)(2) or (c) are met.

(6) Measuring parameters and establishing limits based on trial burn data-(A) General requirements. As specified in subsections (e)(2) through (e)(5) of this section, each operating parameter shall be measured, and permit limits on the parameter shall be established, according to either of the following procedures:

1. Instantaneous limits. A parameter may be measured and recorded on an instantaneous basis (i.e., the value that occurs at any time) and the permit limit specified as the time-weighted average during all valid runs of the trial burn; or

2. Hourly rolling average.a. The limit for a parameter may be established and continuously monitored on an hourly rolling average basis defined as follows:

(A) A continuous monitor is one which continuously samples the regulated parameter without interruption, and evaluates the detector response at least once each 15 seconds, and computes and records the average value at least every 60 seconds.

(B) An hourly rolling average is the arithmetic mean of the 60 most recent 1-minute average values recorded by the continuous monitoring system.

b. The permit limit for the parameter shall be established on trial burn data as the average over all valid test runs of the highest hourly rolling average value for each run.

(B) Rolling average limits for carcinogenic metals and lead. Feed rate limits for the carcinogenic metals (i.e., arsenic, beryllium, cadmium and chromium) and lead may be established either on an hourly rolling average basis as prescribed by subsection (e)(6)(A) of this section or on (up to) a 24 hour rolling average basis. If the owner or operator elects to use an average period from 2 to 24 hours:

1. The feed rate of each metal shall be limited at any time to ten times the feed rate that would be allowed on an hourly rolling average basis;

2. The continuous monitor shall meet the following specifications:

a. A continuous monitor is one which continuously samples the regulated parameter without interruption, and evaluates the detector response at least once each 15 seconds, and computes and records the average value at least every 60 seconds.

b. The rolling average for the selected averaging period is defined as the arithmetic mean of one hour block averages for the averaging period. A one hour block average is the arithmetic mean of the one minute averages recorded during the 60-minute period beginning at one minute after the beginning of preceding clock hour; and

3. The permit limit for the feed rate of each metal shall be established based on trial burn data as the average over all valid test runs of the highest hourly rolling average feed rate for each run.

(C) Feed rate limits for metals, total chloride and chlorine, and ash. Feed rate limits for metals, total chlorine and chloride, and ash are established and monitored by knowing the concentration of the substance (i.e., metals, chloride/chlorine, and ash) in each feedstream and the flow rate of the feedstream. To monitor the feed rate of these substances, the flow rate of each feedstream shall be monitored under the continuous monitoring requirements of subsections (e)(6)(A) and (B) of this section.

(D) Conduct of trial burn testing. 1. If compliance with all applicable emissions standards of sections 66266.104 through 66266.107 is not demonstrated simultaneously during a set of test runs, the operating conditions of additional test runs required to demonstrate compliance with remaining emissions standards shall be as close as possible to the original operating conditions.

2. Prior to obtaining test data for purposes of demonstrating compliance with the emissions standards of sections 66266.104 through 66266.107 or establishing limits on operating parameters under this section, the facility shall operate under trial burn conditions for a sufficient period to reach steady-state operations. The Director may determine however, that industrial furnaces that recycle collected particulate matter back into the furnace and that comply with an alternative implementation approach for metals under section 66266.106(f) need not reach steady state conditions with respect to the flow of metals in the system prior to beginning compliance testing for metals emissions.

3. Trial burn data on the level of an operating parameter for which a limit shall be established in the permit shall be obtained during emissions sampling for the pollutant(s) (i.e., metals, PM, HCl/Cl₂, organic compounds) for which the parameter shall be established as specified by subsection (e) of this section.

(7) General requirements-(A) Fugitive emissions. Fugitive emissions shall be controlled by:

1. Keeping the combustion zone totally sealed against fugitive emissions; or

2. Maintaining the combustion zone pressure lower than atmospheric pressure; or

3. An alternate means of control demonstrated (with part B of the permit application) to provide fugitive emissions control equivalent to maintenance of combustion zone pressure lower than atmospheric pressure.

(B) Automatic waste feed cutoff. A boiler or industrial furnace shall be operated with a functioning system that automatically cuts off the hazardous waste feed when operating conditions deviate from those established under this section. The Director may limit the number of cutoffs per an operating period on a case-by-case basis. In addition:

1. The permit limit for (the indicator of) minimum combustion chamber temperature shall be maintained while hazardous waste or hazardous waste residues remain in the combustion chamber.

2. Exhaust gases shall be ducted to the air pollution control system operated in accordance with the permit requirements while hazardous waste or hazardous waste residues remain in the combustion chamber; and

3. Operating parameters for which permit limits are established shall continue to be monitored during the cutoff, and the hazardous waste feed shall not be restarted until the levels of those parameters comply with the permit limits. For parameters that may be monitored on an instantaneous basis, the Director will establish a minimum period of time after a waste feed cutoff during which the parameter shall not exceed the permit limit before the hazardous waste feed may be restarted.

(C) Changes. A boiler or industrial furnace shall cease burning hazardous waste when changes in combustion properties, or feed rates of the hazardous waste, other fuels, or industrial furnace feedstocks, or changes in the boiler or industrial furnace design or operating conditions deviate from the limits as specified in the permit.

(8) Monitoring and Inspections. (A) The owner or operator shall monitor and record the following, at a minimum, while burning hazardous waste:

1. If specified by the permit, feed rates and composition of hazardous waste, other fuels, and industrial furnace feedstocks, and feed rates of ash, metals, and total chloride and chlorine;

2. If specified by the permit, carbon monoxide (CO), hydrocarbons (HC), and oxygen on a continuous basis at a common point in the boiler or industrial furnace downstream of the combustion zone and prior to release of stack gases to the atmosphere in accordance with operating requirements specified in subsection (e)(2)(B) of this section. CO, HC, and oxygen monitors shall be installed, operated, and maintained in accordance with methods specified in appendix IX of this chapter.

3. Upon the request of the Director, sampling and analysis of the hazardous waste (and other fuels and industrial furnace feedstocks as appropriate), residues, and exhaust emissions shall be conducted to verify that the operating requirements established in the permit achieve the applicable standards of sections 66266.104, 66266.105, 66266.106, and 66266.107.

(B) All monitors shall record data in units corresponding to the permit limit unless otherwise specified in the permit.

(C) The boiler or industrial furnace and associated equipment (pumps, valves, pipes, fuel storage tanks, etc.) shall be subjected to thorough visual inspection when it contains hazardous waste, at least daily for leaks, spills, fugitive emissions, and signs of tampering.

(D) The automatic hazardous waste feed cutoff system and associated alarms shall be tested at least once every 7 days when hazardous waste is burned to verify operability, unless the applicant demonstrates to the Director that weekly inspections will unduly restrict or upset operations and that less frequent inspections will be adequate. At a minimum, operational testing shall be conducted at least once every 30 days.

(E) These monitoring and inspection data shall be recorded and the records shall be placed in the operating record required by section 66264.73 of chapter 14.

(9) Direct transfer to the burner. If hazardous waste is directly transferred from a transport vehicle to a boiler or industrial furnace without the use of a storage unit, the owner and operator shall comply with section 66266.111.

(10) Recordkeeping. The owner or operator shall keep in the operating record of the facility all information and data required by this section until closure of the facility.

(11) Closure. At closure, the owner or operator shall remove all hazardous waste and hazardous waste residues (including, but not limited to, ash, scrubber waters, and scrubber sludges) from the boiler or industrial furnace.

HISTORY

1. New section filed 7-1-96; operative 7-31-96 (Register 96, No. 27).

2. Change without regulatory effect amending subsections (e)(3)(A)5. and (e)(4)(C)4. filed 6-12-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 24).

3. Change without regulatory effect amending subsections (b), (e)(4) and (e)(8)(C) filed 6-7-2004 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 24).

Note

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 266.102.