§ 66270.62. Hazardous Waste Incinerator Permits.

(a) For the purposes of determining operational readiness following completion of physical construction, the Department shall establish permit conditions, including but not limited to allowable waste feeds and operating conditions, in the permit to a new hazardous waste incinerator. These permit conditions will be effective for the minimum time required to bring the incinerator to a point of operational readiness to conduct a trial burn, not to exceed 720 hours operating time for treatment of hazardous waste. The Department 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 section 66270.42 of this chapter.

(1) Applicants shall submit a statement, with Part B of the permit application, which suggests the conditions necessary to operate in compliance with the performance standards of section 66264.343 of this division during this period. This statement must include, at a minimum, restrictions on waste constituents, waste feed rates and the operating parameters identified in section 66264.345.

(2) The Department 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 section 66264.343 of this division based on its engineering judgment.

(b) For the purposes of determining feasibility of compliance with the performance standards of section 66264.343 of this division and of determining adequate operating conditions under section 66264.345 of this division, the Department shall establish conditions in the permit for a new hazardous waste incinerator to be effective during the trial burn.

(1) Applicants shall propose a trial burn plan, prepared under subsection (b)(2) of this section with Part B of the permit application.

(2) The trial burn plan shall include the following information:

(A) an analysis of each waste or mixture of wastes to be burned which includes:

1. heat value of the waste in the form and composition in which it will be burned;

2. viscosity (if applicable), or description of the physical form of the waste;

3. an identification of any hazardous organic constituents listed in chapter 11, Appendix VIII of this division, which are present in the waste to be burned, except that the applicant need not analyze for constituents listed in chapter 11, Appendix VIII of this division which would reasonably not be expected to be found in the waste. The constituents excluded from analysis shall be identified, and the basis for the exclusion stated. The waste analysis shall rely on analytical techniques specified in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods”, EPA publication SW-846, Third Edition and updates (incorporated by reference in section 66260.11), or other equivalent;

4. an approximate quantification of the hazardous constituents identified in the waste, within the precision produced by the analytical methods specified in “Test Methods for Evaluating SolidWaste, Physical/Chemical Methods”, EPA publication SW-846, Third edition and updates (incorporated by reference in section 66260.11), or their equivalent;

(B) a detailed engineering description of the incinerator for which the permit is sought including:

1. manufacturer's name and model number of incinerator (if available);

2. type of incinerator;

3. linear dimensions of the incinerator unit including the cross sectional area of combustion chamber;

4. description of the auxiliary fuel system type/feed);

5. capacity of prime mover;

6. description of automatic waste feed cut-off system(s);

7. stack gas monitoring and pollution control equipment;

8. nozzle and burner design;

9. construction materials;

10. location and description of temperature, pressure, and flow indicating and control devices;

(C) 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;

(D) a detailed test schedule for each waste for which the trial burn is planned including date(s), duration, quantity of waste to be burned, and other factors relevant to the Department's decision under subsection (b)(5) of this section;

(E) a detailed test protocol, including, for each waste identified, the ranges of temperature, waste feed rate, combustion gas velocity, use of auxiliary fuel, and any other relevant parameters that will be varied to affect the destruction and removal efficiency of the incinerator;

(F) a description of, and planned operating conditions for, any emission control equipment which will be used;

(G) procedures for rapidly stopping waste feed, shutting down the incinerator, and controlling emissions in the event of an equipment malfunction;

(H) such other information as the Department reasonably finds necessary to determine whether to approve the trial burn plan in light of the purposes of this section and the criteria in subsection (b)(5) of this section.

(3) The Department, 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 section.

(4) Based on the waste analysis data in the trial burn plan, the Department will specify as trial Principal Organic Hazardous Constituents (POHCs), those constituents for which destruction and removal efficiencies shall be calculated during the trial burn. These trial POHCs will be specified by the Department based on its estimate of the difficulty of incineration of the constituents identified in the waste analysis, their concentration or mass in the waste feed, and, for wastes listed in chapter 11, article 4, of this division, the hazardous waste organic constituent or constituents identified in Appendix VII of that chapter as the basis for listing.

(5) The Department shall approve a trial burn plan if it finds that:

(A) the trial burn is likely to determine whether the incinerator performance standard required by section 66264.343 of this division can be met;

(B) the trial burn itself will not present an imminent hazard to human health or the environment;

(C) the trial burn will help the Department to determine operating requirements to be specified under section 66264.345; and

(D) the information sought in subsections (b)(5)(A) and (B) of this section cannot reasonably be developed through other means.

(6) For facilities applying for a RCRA permit, the Director must send a notice to all persons on the facility mailing list as set forth in section 66271.9(c)(1)(D) and to the appropriate units of State and local government as set forth in section 66271.9(c)(1)(E) 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.

(A) This notice must be mailed within a reasonable time period before the scheduled 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 Department.

(B) This notice must contain:

1. The name and telephone number of the applicant's contact person;

2. The name and telephone number of the permitting agency's contact office;

3. The location where the approved trial burn plan and any supporting documents can be reviewed and copied; and

4. An expected time period for commencement and completion of the trial burn.

(7) During each approved trial burn (or as soon after the burn as is practicable), the applicant shall make the following determinations:

(A) a quantitative analysis of the trial POHCs in the waste feed to the incinerator;

(B) a quantitative analysis of the exhaust gas for the concentration and mass emissions of the trial POHCs, oxygen (O ₂) and hydrogen chloride (HCl);

(C) a quantitative analysis of the scrubber water (if any), ash residues, and other residues, for the purpose of estimating the fate of the trial POHCs;

(D) a computation of destruction and removal efficiency (DRE), in accordance with the DRE formula specified in section 66264.343(a);

(E) if the HCl emission rate exceeds 1.8 kilograms of HCl per hour (4 pounds per hour), a computation of HCl removal efficiency in accordance with section 66264.343(b);

(F) a computation of particulate emissions, in accordance with section 66264.343(c);

(G) an identification of sources of fugitive emissions and their means of control;

(H) a measurement of average, maximum, and minimum temperatures and combustion gas velocity;

(I) a continuous measurement of carbon monoxide (CO) in the exhaust gas;

(J) such other information as the Department may specify as necessary to ensure that the trial burn will determine compliance with the performance standards in section 66264.343 of this division and to establish the operating conditions required by section 66264.345 of this division as necessary to meet that performance standard.

(8) The applicant shall submit to the Department a certification that the trial burn has been carried out in accordance with the approved trial burn plan, and shall submit the results of all the determinations required in subsection (b)(6) of this section. This submission shall be made within 90 days of completion of the trial burn, or later if approved by the Department.

(9) All data collected during any trial burn shall be submitted to the Department following the completion of the trial burn.

(10) All submissions required by this subsection shall be certified on behalf of the applicant by the signature of a person authorized to sign a permit application or a report under section 66270.11.

(11) Based on the results of the trial burn, the Department shall set the operating requirements in the final permit according to section 66264.345 of this division. The permit modification shall proceed according to section 66270.42.

(c) For the purposes of allowing operation of a new hazardous waste incinerator following completion of the trial burn and prior to final modification of the permit conditions to reflect the trial burn results, the Department may establish permit conditions, including but not limited to allowable waste feeds and operating conditions sufficient to meet the requirements of section 66264.345 of this division, in the permit to a new hazardous waste incinerator. These permit conditions will be effective for the minimum time required to complete sample analysis, data computation and submission of the trial burn results by the applicant, and modification of the facility permit by the Department.

(1) Applicants shall submit a statement, with Part B of the permit application, which identifies the conditions necessary to operate in compliance with the performance standards of section 66264.343 of this division, during this period. This statement must include, at a minimum, restrictions on waste constituents, waste feed rates, and the operating parameters in section 66264.345 of this division.-(2) The Department will review this statement and any other relevant information submitted with Part B of the permit application and specify those requirements for this period most likely to meet the performance standards of section 66264.343 of this division based on the Department's engineering judgment.(d) For the purposes of determining feasibility of compliance with the performance standards of section 66264.343 of this division and of determining adequate operating conditions under section 66264.345 of this division, the applicant for a permit for an existing hazardous waste incinerator shall prepare and submit a trial burn plan and perform a trial burn in accordance with section 66270.19(b) and subsections (b)(2) through (b)(5) and (b)(7) through (b)(10) of this section or, instead, submit other information as specified in section 66270.19(c). Applicants submitting information under section 66270.19(a) are exempt from compliance with sections 66264.343 and 66264.345 and, therefore, are exempt from the requirement to conduct a trial burn. Applicants who submit trial burn plans and receive approval before submission of a permit application shall complete the trial burn and submit the results, specified in subsection (b)(7), with Part B of the permit application. If completion of this process conflicts with the date set for submission of the Part B application, the applicant shall contact the Department to establish a later date for submission of the Part B application or the trial burn results. Trial burn results shall be submitted prior to issuance of the permit. When the applicant submits a trial burn plan with Part B of the permit application, the Department shall specify a time period prior to permit issuance in which the trial burn shall be conducted and the results submitted.(1) For facilities applying for RCRA permits, the Director shall announce his or her intention to approve the trial burn plan in accordance with the timing and distribution requirements of subsection (b)(6) of this section. The contents of the notice shall include: the name and telephone number of a contact person at the facility; the name and telephone number of a contact office at the Department; 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 Department approval of the plan and the time period during which the trial burn would be conducted.

HISTORY

1. New section filed 5-24-91; operative 7-1-91 (Register 91, No. 22).

2. Change without regulatory effect adding new subsections (b)(6)-(b)(6)(B)d., subsection renumbering, amendment of subsection (d) and new subsection (d)(1) filed 12-19-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 51).

3. Change without regulatory effect amending subsection (a)(6)(A), redesignating subsections (a)(6)(B)a.-d. to subsections (a)(6)(B)1.-4., and amending subsections (d) and (d)(1) filed 6-18-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 25).

4. Amendment of subsections (b)(2)(A)3. and 4. and amendment of Note filed 10-13-98; operative 11-12-98 (Register 98, No. 42).

Note

Note: Authority cited: Sections 25150, 25159, 58004 and 58012, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 270.62.