(a) Except as WAC 173-303-600 provides otherwise, the
regulations in this section apply to owners and operators of
facilities that incinerate dangerous waste and to owners and
operators who burn dangerous waste in boilers or industrial
furnaces in order to destroy them, or who burn dangerous waste
in boilers or in industrial furnaces for any recycling purpose
and elect to be regulated under this section.
(b) Integration of the MACT standards. 40 CFR part 63
subpart EEE is incorporated by reference at WAC 173-400-075
(5)(a). Note that if you are subject to Part 63 you must get
an air permit from ecology or the local air authority.
(i) Except as provided by (b)(ii) through
(iv) of this subsection, the standards of this section do not
apply to a new dangerous waste incineration unit that becomes
subject to dangerous waste permit requirements after October
12, 2005; or no longer apply when an owner or operator of an
existing dangerous waste incineration unit demonstrates
compliance with the maximum achievable control technology
(MACT) requirements of 40 CFR part 63, subpart EEE, by
conducting a comprehensive performance test and submitting to
the department a Notification of Compliance under 40 CFR
63.1207(j) and 63.1210(b) documenting compliance with the
requirements of part 63, subpart EEE. Nevertheless, even
after this demonstration of compliance with the MACT
standards, dangerous waste permit conditions that were based
on the standards of this section will continue to be in effect
until they are removed from the permit or the permit is
terminated or revoked, unless the permit expressly provides
otherwise.
(ii) The MACT standards do not replace the closure
requirements of WAC 173-303-610 or the applicable requirements
of WAC 173-303-280 through 173-303-395, 173-303-645,
173-303-610, 173-303-620, 173-303-691, 173-303-692, and
173-303-902.
(iii) The particulate matter standard of subsection
(4)(c)(ii) of this section remains in effect for incinerators
that elect to comply with the alternative to the particulate
matter standard of 40 CFR 63.1206 (b)(14) and 63.1219(e).
(iv) The following requirements remain in effect for
startup, shutdown, and malfunction events if you elect to
comply with 40 CFR 270.235 (a)(1)(i), which is incorporated by
reference, to minimize emissions of toxic compounds from these
events:
(A) Subsection (6)(a) of this section requiring that an
incinerator operate in accordance with operating requirements
specified in the permit; and
(B) Subsection (6)(c) of this section requiring
compliance with the emission standards and operating
requirements during startup and shutdown if hazardous waste is
in the combustion chamber, except for particular hazardous
wastes.
(v) The particulate matter standard of subsection (4) of
this section remains in effect for incinerators that elect to
comply with the alternative to the particulate matter standard
of 40 CFR 63.1206 (b)(14) and 63.1219(e).
(c) The department may, in establishing permit
conditions, exempt the facility from all requirements of this
section except subsection (2) of this section, waste analysis,
and subsection (8) of this section, closure, if the department
finds, after an examination of the waste analysis included
with Part B of the owner/operator's permit application, that
the waste to be burned:
(i)(A) Is either listed as a dangerous waste in WAC 173-303-080 only because it is ignitable or, that the waste is
designated only as an ignitable dangerous waste under WAC 173-303-090; or
(B) Is either listed in WAC 173-303-080 or is designated
under WAC 173-303-090 solely because it is reactive for the
characteristics described in WAC 173-303-090 (7)(a)(i), (ii),
(iii), (vi), (vii) and (viii), and will not be burned when
other dangerous wastes are present in the combustion zone; and
(ii) Contains none of the dangerous constituents listed
in WAC 173-303-9905 above significant concentration limits;
and
(iii) Is not designated by the dangerous waste criteria
of WAC 173-303-100.
(d) The owner or operator of an incinerator may conduct
trial burns, subject only to the requirements of WAC 173-303-807, trial burn permits.
(2) Waste analysis.
(a) As a portion of a trial burn plan required by WAC 173-303-807, or with Part B of his permit application, the
owner or operator must have included an analysis of his waste
feed sufficient to provide all information required by WAC 173-303-807 or 173-303-806 (3) and (4).
(b) Throughout normal operation the owner or operator
must conduct sufficient waste analysis to verify that waste
feed to the incinerator is within the physical and chemical
composition limits specified in his permit (under subsection
(6)(b) of this section).
(3) Designation of principal organic dangerous
constituents and dangerous combustion by-products. Principal
organic dangerous constituents (PODCs) and dangerous
combustion by-products must be treated to the extent required
by the performance standards specified in subsection (4) of
this section. For each waste feed to be burned, one or more
PODCs and dangerous combustion by-products will be specified
in the facility's permit from among those constituents listed
in WAC 173-303-9905 and, to the extent practical, from among
those constituents which contribute to the toxicity,
persistence, or carcinogenicity of wastes designated under WAC 173-303-100. This specification will be based on the degree
of difficulty of incineration of the organic constituents of
the waste feed and its combustion by-products and their
concentration or mass, considering the results of waste
analyses and trial burns or alternative data submitted with
Part B of the facility's permit application. Organic
constituents or by-products which represent the greatest
degree of difficulty of incineration will be those most likely
to be designated as PODCs and dangerous combustion
by-products. Constituents are more likely to be designated as
PODCs or dangerous combustion by-products if they are present
in large quantities or concentrations. Trial PODCs will be
designated for performance of trial burns in accordance with
the procedure specified in WAC 173-303-807 for obtaining trial
burn permits. Trial dangerous combustion by-products may be
designated under the same procedures.
(4) Performance standards. An incinerator burning
dangerous waste must be designed, constructed, and maintained
so that, when operated in accordance with operating
requirements specified under subsection (6) of this section,
it will meet the following performance standards:
(a)(i) Except as provided in (a)(ii) of this subsection,
an incinerator burning dangerous waste must achieve a
destruction and removal efficiency (DRE) of 99.99 percent for
each PODC designated (under subsection (3) of this section) in
its permit for each waste feed. DRE is determined for each
PODC from the following equation:
(ii) An incinerator burning dangerous wastes F020, F021,
F022, F023, F026, or F027 must achieve a destruction and
removal efficiency (DRE) of 99.9999% for each principal
organic dangerous constituent (PODCs) designated (under
subsection (3) of this section) in its permit. This
performance must be demonstrated on PODCs that are more
difficult to incinerate than tetra-, penta-, and
hexachlorodibenzo-p-dioxins and dibenzofurans. DRE is
determined for each PODCs from the equation in subsection
(4)(a)(i) of this section. In addition, the owner or operator
of the incinerator must notify the department of his intent to
incinerate dangerous wastes F020, F021, F022, F023, F026, or
F027.
(b) Incinerators burning dangerous waste must destroy
dangerous combustion by-products designated under subsection
(3) of this section so that the total mass emission rate of
these by-products emitted from the stack is no more than .01
percent of the total mass feed rate of PODCs fed into the
incinerator.
(c)(i) An incinerator burning dangerous waste and
producing stack emissions of more than 1.8 kilograms per hour
(4 pounds per hour) of hydrogen chloride (HCl) must control
HCl emissions such that the rate of emission is no greater
than the larger of either 1.8 kilograms per hour or one
percent of the HCl in the stack gas prior to entering any
pollution control equipment.
(ii) An incinerator burning dangerous waste must not emit
particulate matter in excess of 180 milligrams per dry
standard cubic meter (0.08 grains per dry standard cubic foot)
when corrected for the amount of oxygen in the stack gas
according to the formula:
Where Pc is the corrected concentration of particulate
matter, Pm is the measured concentration of particulate
matter, and Y is the measured concentration of oxygen in the
stack gas, using the Orsat method for oxygen analysis of dry
flue gas, presented in 40 CFR Part 60, Appendix A (Method 3). This correction procedure is to be used by all dangerous waste
incinerators except those operating under conditions of oxygen
enrichment. For these facilities, the department will select
an appropriate correction procedure to be specified in the
facility permit.
(d) The emission standards specified in (c) of this
subsection must be met when no other more stringent standards
exist. Where a state or local air pollution control authority
has jurisdiction and has more stringent emission standards, an
incinerator burning dangerous wastes must comply with the
applicable air pollution control authority's emission
standards (including limits based on best available control
technology).
(e) For purposes of permit enforcement, compliance with
the operating requirements specified in the permit (under
subsection (6) of this section), will be regarded as
compliance with subsection (4) of this section. However,
evidence that compliance with those permit conditions is
insufficient to ensure compliance with the performance
requirements of subsection (4) of this section, may be
evidence justifying modification, revocation, or reissuance of
a permit under WAC 173-303-830.
(5) Trial burns and permit modifications.
(a) The owner or operator of a dangerous waste
incinerator may burn only wastes specified in his permit and
only under operating conditions specified for those wastes
under subsection (6) of this section, except:
(i) In approved trial burns under WAC 173-303-807; or
(ii) Under exemptions created by WAC 173-303-670(1).
(b) New dangerous wastes may be burned only after
operating conditions have been specified in a trial burn
permit or a permit modification has been issued, 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 WAC 173-303-806(4).
(c) The permit for a new dangerous waste incinerator must
establish appropriate conditions for each of the applicable
requirements of this section, including but not limited to
allowable waste feeds and operating conditions necessary to
meet the requirements of subsection (6) of this section,
sufficient to comply with the following standards:
(i) For the period beginning with initial introduction of
dangerous waste to the incinerator and ending with initiation
of the trial burn, and only for the minimum time required to
establish operating conditions required in (c)(ii) of this
subsection, not to exceed a duration of seven hundred twenty
hours operating time for treatment of dangerous waste. The
operating requirements must be those most likely to ensure
compliance with the performance standards of subsection (4) of
this section, based on the department's engineering judgment. The department may extend the duration of this period once for
up to seven hundred twenty additional hours when good cause
for the extension is demonstrated by the applicant;
(ii) For the duration of the trial burn, the operating
requirements must be sufficient to demonstrate compliance with
the performance standards of subsection (4) of this section,
and must be in accordance with the approved trial burn plan;
(iii) 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
department, the operating requirements must be those most
likely to ensure compliance with the performance standards of
subsection (4) of this section, based on the department's
engineering judgment;
(iv) For the remaining duration of the permit, the
operating requirements must be those demonstrated, in a trial
burn or by alternative data specified in WAC 173-303-806
(4)(f)(iii)(G), as sufficient to ensure compliance with the
performance standards of subsection (4) of this section.
(6) Operating requirements.
(a) An incinerator must be operated in accordance with
operating requirements specified in the permit. These will be
specified on a case-by-case basis as those demonstrated (in a
trial burn or in alternative data as specified in subsection
(5)(b) of this section and included with Part B of a
facility's permit application) to be sufficient to comply with
the performance standards of subsection (4) of this section.
(b) Each set of operating requirements will specify the
composition of the waste feed (including acceptable variations
in the physical or chemical properties of the waste feed which
will not affect compliance with the performance requirement of
subsection (4) of this section) to which the operating
requirements apply. For each such waste feed, the permit will
specify acceptable operating limits including the following
conditions:
(i) Carbon monoxide (CO) level in the stack exhaust gas;
(ii) Waste feed rate;
(iii) Combustion temperature;
(iv) An appropriate indicator of combustion gas velocity;
(v) Allowable variations in incinerator system design or
operating procedures; and
(vi) Such other operating requirements as are necessary
to ensure that the performance standards of subsection (4) of
this section are met.
(c) During startup and shutdown of an incinerator,
dangerous waste (except waste exempted in accordance with
subsection (1)(b) of this section) must not be fed into the
incinerator unless the incinerator is operating within the
conditions of operation (temperature, air feed rate, etc.)
specified in the permit.
(d) Fugitive emissions from the combustion zone must be
controlled by:
(i) Keeping the combustion zone totally sealed against
fugitive emissions;
(ii) Maintaining a combustion zone pressure lower than
atmospheric pressure; or
(iii) 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.
(e) An incinerator must be operated with a functioning
system to automatically cut off waste feed to the incinerator
when operating conditions deviate from limits established
under (a) of this subsection.
(f) An incinerator must cease operation when changes in
waste feed, incinerator design, or operating conditions exceed
limits designated in its permit.
(7) Monitoring and inspections.
(a) The owner or operator must conduct, as a minimum, the
following monitoring while incinerating dangerous waste:
(i) Combustion temperature, waste feed rate, and the
indicator of combustion gas velocity specified in the facility
permit must be monitored on a continuous basis;
(ii) Carbon monoxide (CO) must be monitored on a
continuous basis at a point in the incinerator downstream of
the combustion zone and prior to release to the atmosphere;
and
(iii) As required by the department, sampling and
analysis of the waste and exhaust emissions must be conducted
to verify that the operating requirements established in the
permit achieve the performance standards of subsection (4) of
this section.
(b) The incinerator and associated equipment (pumps,
valves, conveyors, pipes, etc.) must be completely inspected
at least daily for leaks, spills, fugitive emissions, and
signs of tampering. All emergency waste feed cutoff controls
and system alarms must be tested at least weekly to verify
proper operation, unless the owner or operator demonstrates to
the department that weekly inspections will unduly restrict or
upset operations and that less frequent inspection will be
adequate. At a minimum, emergency cutoff and alarm systems
must be tested at least monthly.
(c) This monitoring and inspection data must be recorded
and the records must be placed in the operating log required
by WAC 173-303-380(1).
(8) Closure. At closure the owner or operator must
remove all dangerous waste and dangerous waste residues
(including, but not limited to, ash, scrubber waters, and
scrubber sludges) from the incinerator site. Remaining
equipment, bases, liners, soil, and debris containing or
contaminated with dangerous waste or waste residues must be
decontaminated or removed.