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TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE G: WASTE DISPOSAL

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS

PART 726

STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTE AND SPECIFIC TYPES OF

HAZARDOUS WASTE MANAGEMENT FACILITIES

SUBPART C: RECYCLABLE MATERIALS USED IN A

MANNER CONSTITUTING DISPOSAL

Standards Applicable to Generators and Transporters of Materials

Used in a Manner that Constitutes Disposal

726.122?

Standards Applicable to Storers, Who Are Not the Ultimate Users, of

Materials that Are To Be Used in a manner that Constitutes Disposal

726.123

Standards Applicable to Users of Materials that Are Used in a Manner

that Constitutes Disposal

SUBPART D: HAZARDOUS WASTE BURNED FOR ENERGY RECOVERY

Section

726.130?

Applicability (Repealed)

726.131

Prohibitions (Repealed)

726.132?

Standards applicable to generators of hazardous waste fuel

(Repealed)

726.133

Standards applicable to transporters of hazardous waste fuel

(Repealed)

726.134

Standards applicable to marketers of hazardous waste fuel (Repealed)

726.135?

Standards applicable to burners of hazardous waste fuel (Repealed)

726.136?

Conditional exemption for spent materials and by-products exhibiting

a characteristic of hazardous waste (Repealed)

SUBPART E: USED OIL BURNED FOR ENERGY RECOVERY

Applicability (Repealed)

Prohibitions (Repealed)

Standards applicable to generators of used oil burned for energy

(Repealed)

Standards applicable to marketers of used oil burned for energy

(Repealed)

Standards applicable to burners of used oil burned for energy

(Repealed)

SUBPART F: RECYCLABLE MATERIALS UTILIZED FOR

PRECIOUS METAL RECOVERY

Applicability and Requirements

SPENT LEAD-ACID BATTERIES BEING RECLAIMED

Applicability and Requirements

SUBPART H: HAZARDOUS WASTE BURNED IN BOILERS

AND INDUSTRIAL FURNACES

Management Prior to Burning

Permit Standards for Burners

Interim Status Standards for Burners

Standards to Control Organic Emissions

Standards to Control PM

Standards to Control Metals Emissions

Standards to Control HC1 and Chlorine Gas Emissions

Small Quantity On-Site Burner Exemption

Low Risk Waste Exemption

Waiver of DRE Trial Burn for Boilers

Standards for Direct Transfer

Regulation of Residues

Extensions of Time

SUBPART M: MILITARY MUNITIONS

Definition of Solid Waste

Standards Applicable to the Transportation of Solid Waste Military

Standards Applicable to Emergency Responses

Standards Applicable to the Storage of Solid Waste Military

Standards Applicable to the Treatment and Disposal of Waste Military

SUBPART N: CONDITIONAL EXEMPTION FOR LOW-LEVEL MIXED WASTE STORAGE, TREATMENT,

TRANSPORTATION AND DISPOSAL

Storage and Treatment Conditional Exemption

726.325?

Wastes Eligible for a Storage and Treatment Conditional Exemption

for Low-Level Mixed Waste

726.330?

Conditions to Qualify for and Maintain a Storage and Treatment

Conditional Exemption

726.335?

Treatment Allowed by a Storage and Treatment Conditional Exemption

726.340?

Loss of a Storage and Treatment Conditional Exemption and Required

Action

726.345?

Reclaiming a Lost Storage and Treatment Conditional Exemption

726.350?

Recordkeeping for a Storage and Treatment Conditional Exemption

726.355?

Waste No Longer Eligible for a Storage and Treatment Conditional

Exemption

726.360?

Applicability of Closure Requirements to Storage Units

726.405?

Transportation and Disposal Conditional Exemption

?),

726.410

Wastes Eligible for a Transportation and Disposal Conditional

Exemption

726.415

Conditions to Qualify for and Maintain a Transportation and Disposal

Conditional Exemption

726.420

Treatment Standards for Eligible Waste

726.425

Applicability of the Manifest and Transportation Condition

726.430?

Effectiveness of a Transportation and Disposal Exemption

726.435?

Disposal of Exempted Waste

726.440?

Containers Used for Disposal of Exempted Waste

726.445?

Notification

726.450?

Recordkeeping for a Transportation and Disposal Conditional

Exemption

726.455

Loss of a Transportation and Disposal Conditional Exemption and

Required Action

726.460?

Reclaiming a Lost Transportation and Disposal Conditional Exemption

726.Append-i-HAPPENDIX A Tier I and Tier II Feed Rate and Emissions Screening

Limits for Metals

726.Append-i-HAPPENDIX B Tier I Feed Rate Screening Limits for Total Chlorine

726.Append-i-HAPPENDIX C Tier II Emission Rate Screening Limits for Free Chlorine

and Hydrogen Chloride

726.Append-i-mAPPENDIX D Reference Air Concentrations

726.'

? E Risk-Specific Doses

726.Append-i-mAPPENDIX F Stack Plume Rise

726.Append-i-KAPPENDIX G Health-Based Limits for Exclusion of Waste-Derived

Residues

726.Append-i-x.APPENDIX H Potential PICs for Determination of Exclusion of Waste-

Derived Residues

726.Appen4i-xAPPENDIX I Methods Manual for Compliance with BIF Regulations

726.Append-i-KAPPENDIX J Guideline on Air Quality Models (Repealed)

726.Appenci-i-HAPPENDIX K Lead-Bearing Materials that May be Processed in Exempt

Lead Smelters

726.' ?

'• k g

L Nickel or Chromium-Bearing Materials that May Be

Processed in Exempt Nickel-Chromium Recovery Furnaces

726. ?

M Mercury-Bearing Wastes that May Be Processed in Exempt

Mercury Recovery Units

726.Tab1eTABLE A Exempt Quantities for Small Quantity Burner Exemption

AUTHORITY: Implementing Sections 7.2 and 22.4 and authorized by Section 27 of

the Environmental Protection Act [415 ILCS 5/7.2, 22.4 and 27].

SOURCE: Adopted in R85-22 at 10 Ill. Reg. 1162, effective January 2, 1986;

amended in R86-1 at 10 Ill. Reg. 14156, effective August 12, 1986; amended in

R87-26 at 12 Ill. Reg. 2900, effective January 15, 1988; amended in R89-1 at 13

Ill. Reg. 18606, effective Nov.November 13, 1989; amended in R90-2 at 14 Ill.

Reg. 14533, effective August 22, 1990; amended in R90-11 at 15 Ill. Reg. 9727,

effective June 17, 1991; amended in R91-13 at 16 Ill. Reg. 9858, effective June

9, 1992; amended in R92-10 at 17 Ill. Reg. 5865, effective March 26, 1993;

amended in R93-4 at 17 Ill. Reg. 20904, effective Nov.November 22, 1993; amended

in R94-7 at 18 In. Reg. 12500, effective July 29, 1994; amended in R95-6 at 19

Ill. Reg. 10006, effective June 27, 1995; amended in R95-20 at 20 Ill. Reg.

11263, effective August 1, 1996; amended in R96-10/R97-3/R97-5 at 22 Ill. Reg.

754, effective December 16, 1997; amended in R97-21/R98-3/R98-5 at 22 Ill. Reg.

18042, effective Scpt September 28, 1998; amended in R99-15 at 23 Ill. Reg.

9482, effective July 26, 1999; amended in R00-13 at 24 Ill. Reg. 9853, effective

June 20, 2000; amended in R02-1/R02-12/R02-17 at 26 Ill. Reg. 6667, effective

April 22, 2002; amended in R03-7 at 27 Ill. Reg. 4200, effective February 14,

2003; amended in R03-18 at 27 Ill. Reg. 12916, effective July 17, 2003; amended

in R06-5/R06-6/R06-7 at 30 Ill. Reg. 3700, effective February 23, 2006; amended

in R06-16/R06-17/R06-18 at 31 Ill. Reg. 1096, effective December 20, 2006;

amended in R07-5/R07-14 at 32 Ill. Reg. ?--, effective

SUBPART G: SPENT LEAD-ACID BATTERIES BEING RECLAIMED

Section 726.180

Applicability and Requirements

a)?

Extent of exemption for spent lead-acid batteries from hazardous waste

management requirements. If an owner or operator generates, collects,

transports, stores, or regenerates lead-acid batteries for reclamation purposes,

the owner or operator may be exempt from certain hazardous waste management

requirements. Subsections (a)(1) though (a)(5) of this Section indicate which

requirements apply to the owner or operator. Alternatively, the owner or

operator may choose to manage its spent lead-acid batteries under the "Universal

Waste" rule in 35 Ill. Adm. Code 733.

If the batteries will be reclaimed through regeneration (such as by

electrolyte replacement), the owner or operator is exempt from 35 Ill. Adm. Code

702, 703, 722 through 726 (except for 35 Ill. Adm. Code 722.111), and 728 and

the notification requirements of section 3010 of RCRA, but the owner or operator

is subject to 35 Ill. Adm. Code 721 and 722.111.

2)?

If the batteries will be reclaimed other than through regeneration, and

the owner or operator generates, collects, or transports the batteries, the

owner or operator is exempt from 35 Ill. Adm. Code 702, 703, and 722 through 726

(except for 35 Ill. Adm. Code 722.111), and the notification requirements of

section 3010 of RCRA, but the owner or operator is subject to 35 Ill. Adm. Code

721 and 722.111 and applicable provisions of 35 Ill. Adm. Code 728.

3)?

If the batteries will be reclaimed other than through regeneration, and

the owner or operator stores the batteries, but the owner or operator is not the

reclaimer, the owner or operator is exempt from 35 Ill. Adm. Code 702, 703, and

722 through 726 (except for 35 Ill. Adm. Code 722.111), and the notification

requirements of section 3010 of RCRA, but the owner or operator is subject to 35

Ill. Adm. Code 721 and 722.111 and applicable provisions of 35 Ill. Adm. Code

728.

4)?

If the batteries will be reclaimed other than through regeneration, and

the owner or operator stores the batteries before the owner or operator reclaims

them, the owner or operator must comply with Section 726.180(b) and other

requirements described in that subsection, and the owner or operator is subject

to 35 Ill. Adm. Code 721 and 722.111 and applicable provisions of 35 Ill. Adm.

Code 728.

If the batteries will be reclaimed other than through regeneration, and

the owner or operator does not store the batteries before the owner or operator

reclaims them, the owner or operator is exempt from 35 Ill. Adm. Code 702, 703,

and 722 through 726 (except for 35 Ill. Adm. Code 722.111), and the notification

requirements of section 3010 of RCRA, and the owner or operator is subject to 35

Ill. Adm. Code 721 and 722.111 and applicable provisions of 35 Ill. Adm. Code

728.

b)?

Exemption for spent lead-acid batteries stored before reclamation other

than through regeneration. The requirements of this subsection (b) apply to an

owner or operator that stores spent lead-acid batteries before it reclaims them,

where the owner or operator does not reclaim them through regeneration. The

requirements are slightly different depending on the owner's or operator's RCRA

permit status.

1)?

For an interim status facility, the owner or operator must comply with the

following requirements:

The notification requirements under Section 3010 of the Resource

Conservation and Recovery Act (RCRA);

All applicable provisions in Subpart A of 35 Ill. Adm. Code 725;

All applicable provisions in Subpart B of 35 Ill. Adm. Code 725, except 35

Ill. Adm. Code 725.113 (waste analysis);

All applicable provisions in Subparts C and D of 35 Ill. Adm. Code 725;

All applicable provisions in Subpart E of 35 Ill. Adm. Code 725, except 35

Ill. Adm. Code 725.171 and 725.172 (dealing with the use of the manifest and

manifest discrepancies);

F) All applicable provisions in Subparts F through L of 35 Ill. Adm. Code

725; and

All applicable provisions in 35 Ill. Adm. Code 702 and 703.

2)?

For a permitted facility, the following requirements:

The notification requirements under section 3010 of RCRA;

All applicable provisions in Subpart A of 35 Ill. Adm. Code 724;

All applicable provisions in Subpart B of 35 Ill. Adm. Code 724, except 35

Ill. Adm. Code 724.113 (waste analysis);

All applicable provisions in Subparts C and D of 35 Ill. Adm. Code 724;

All applicable provisions in Subpart E of 35 Ill. Adm. Code 724, except 35

Ill. Adm. Code 724.171 or 724.172 (dealing with the use of the manifest and

manifest discrepancies);

All applicable provisions in Subparts F through L of 35 Ill. Adm. Code

724; and

All applicable provisions in 35 Ill. Adm. Code 702 and 703.

AND INDUSTRIAL FURNACES

Section 726.200?

Applicability

a)?

The regulations of this Subpart H apply to hazardous waste burned or

processed in a boiler or industrial furnace (BIF) (as defined in 35 Ill. Adm.

Code 720.110) irrespective of the purpose of burning or processing, except as

provided by subsections (b), (c), (d), (g), and (h) of this Section. In this

Subpart H, the term "burn" means burning for energy recovery or destruction or

processing for materials recovery or as an ingredient. The emissions standards

of Sections 726.204, 726.205, 726.206, and 726.207 apply to facilities operating

under interim status or under a RCRA permit, as specified in Sections 726.202

and 726.203.

b)?

Integration of the MACT standards.

Except as provided by subsections (b) (2), (b)(3), and (b) (4) of this

Section, the standards of this Part do not apply to a new hazardous waste boiler

or industrial furnace unit that becomes subject to RCRA permit requirements

after October 12, 2005; or no longer apply when an owner or operator of an

existing hazardous waste boiler or industrial furnace unit demonstrates

compliance with the maximum achievable control technology (MACT) requirements of

federal subpart EEE of 40 CFR 63 (National Emission Standards for Hazardous Air

Pollutants from Hazardous Waste Combustors), incorporated by reference in 35

Ill. Adm. Code 720.111(b), by conducting a comprehensive performance test and

submitting to the Agency a Notification of Compliance, pursuant to 40 CFR

63.1207(j) (What are the performance testing requirements?) and 63.1210(d) (What

are the notification requirements?), documenting compliance with the

requirements of federal subpart EEE of 40 CFR 63. Nevertheless, even after this

demonstration of compliance with the MACT standards, RCRA permit conditions that

were based on the standards of this Part 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.

2)?

The following standards continue to apply:

If an owner or operator elects to comply with 35 Ill. Adm. Code

703.320(a)(1)(A) to minimize emissions of toxic compounds from startup,

shutdown, and malfunction events, Section 726.202(e)(1), requiring operations in

accordance with the operating requirements specified in the permit at all times

that hazardous waste is in the unit, and Section 726.202(e)(2)(C), 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. These provisions apply only during startup,

shutdown, and malfunction events;

The closure requirements of Sections 726.202(e)(11) and 726.203(1);

The standards for direct transfer of Section 726.211;

The standards for regulation of residues of Section 725.312 726.212; and

The applicable requirements of Subparts A through H, BB, and CC of 35 Ill.

Adm. Code 724 and 725.

The owner or operator of a boiler or hydrochloric acid production furnace

that is an area source under 40 CFR 63.2, incorporated by reference in 35 Ill.

Adm. Code 720.111(b) (as 40 CFR 63), that has not elected to comply with the

emission standards of 40 CFR 63.1216, 63.1217, and 63.1218, incorporated by

reference in 35 Ill. Adm. Code 720.111(b) (as subpart EEE of 40 CFR 63), for

particulate matter, semivolatile and low volatile metals, and total chlorine,

also remains subject to the following requirements of this Part:

A)?

Section 726.205 (Standards to Control PM);

,r)

B) Section 726.206 (Standards to Control Metals Emissions); and

Section 726.207 (Standards to Control HC1 and Chlorine Gas Emissions).

4)?

The particulate matter standard of Section 726.205 remains in effect for a

boiler that elects to comply with the alternative to the particulate matter

standard under 40 CFR 63.1216(e), incorporated by reference in 35 Ill. Adm. Code

720.111(b) (as subpart EEE of 40 CFR 63).

BOARD NOTE: Sections 9.1 and 39.5 of the Environmental Protection Act [415 ILCS

5/9.1 and 39.5] make the federal MACT standards directly applicable to entities

in Illinois and authorize the Agency to issue permits based on the federal

standards. In adopting this subsection (b), USEPA stated as follows (at 64 Fed

Reg. 52828, 52975 (Dcpt.September 30, 1999)):

Under [the approach adopted by USEPA as a] final rule, MACT air emissions and

related operating requirements are to be included in title V permits; RCRA

permits will continue to be required for all other aspects of the combustion

unit and the facility that are governed by RCRA (e.g., corrective action,

general facility standards, other combustor-specific concerns such as materials

handling, risk-based emissions limits and operating requirements, as

appropriate, and other hazardous waste management units).

The following hazardous wastes and facilities are not subject to

regulation pursuant to this Subpart H:

1) Used oil burned for energy recovery that is also a hazardous waste solely

because it exhibits a characteristic of hazardous waste identified in Subpart C

of 35 Ill. Adm. Code 721. Such used oil is subject to regulation pursuant to 35

Ill. Adm. Code 739, rather than this Subpart H;

Gas recovered from hazardous or solid waste landfills, when such gas is

burned for energy recovery;

3) Hazardous wastes that are exempt from regulation pursuant to 35 Ill. Adm.

Code 721.104 and 721.106(a)(3)(C) and (a)(3)(D) and hazardous wastes that are

subject to the special requirements for conditionally exempt small quantity

generators pursuant to 35 Ill. Adm. Code 721.105; and

Coke ovens, if the only hazardous waste burned is USEPA hazardous waste

no. K087 decanter tank tar sludge from coking operations.

d)?

Owners and operators of smelting, melting, and refining furnaces

(including pyrometallurgical devices, such as cupolas, sintering machines,

roasters, and foundry furnaces, but not including cement kilns, aggregate kilns,

or halogen acid furnaces burning hazardous waste) that process hazardous waste

solely for metal recovery are conditionally exempt from regulation pursuant to

this Subpart H, except for Sections 726.201 and 726.212.

1)?

To be exempt from Sections 726.202 through 726.211, an owner or operator

of a metal recovery furnace or mercury recovery furnace must comply with the

following requirements, except that an owner or operator of a lead or a nickel-

chromium recovery furnace or a metal recovery furnace that burns baghouse bags

used to capture metallic dust emitted by steel manufacturing must comply with

the requirements of subsection (d)(3) of this Section, and an owner or operator

of a lead recovery furnace that is subject to regulation under the Secondary

Lead Smelting NESHAP of federal subpart X of 40 CFR 63 (National Emission

Standards for Hazardous Air Pollutants from Secondary Lead Smelting) must comply

with the requirements of subsection (h) of this Section:

A)?

Provide a one-time written notice to the Agency indicating the following:

The owner or operator claims exemption pursuant to this subsection (d);

ii)

The hazardous waste is burned solely for metal recovery consistent with

the provisions of subsection (d)(2) of this Section;

iii)

The hazardous waste contains recoverable levels of metals; and

iv)

The owner or operator will comply with the sampling and analysis and

recordkeeping requirements of this subsection (d);

Sample and analyze the hazardous waste and other feedstocks as necessary

to comply with the requirements of this subsection (d) by using appropriate

methods; and

C)?

Maintain at the facility for at least three years records to document

compliance with the provisions of this subsection (d), including limits on

levels of toxic organic constituents and Btu value of the waste and levels of

recoverable metals in the hazardous waste compared to normal non-hazardous waste

feedstocks.

2)?

A hazardous waste meeting either of the following criteria is not

processed solely for metal recovery:

The hazardous waste has a total concentration of organic compounds listed

in Appendix H to 35 Ill. Adm. Code 721 exceeding 500 ppm by weight, as fired,

and so is considered to be burned for destruction. The concentration of organic

compounds in a waste as-generated may be reduced to the 500 ppm limit by bona

fide treatment that removes or destroys organic constituents. Blending for

dilution to meet the 500 ppm limit is prohibited, and documentation that the

waste has not been impermissibly diluted must be retained in the records

required by subsection (d)(1)(C) of this Section; or

The hazardous waste has a heating value of 5,000 Btu/lb or more, as-fired,

and is so considered to be burned as fuel. The heating value of a waste as-

generated may be reduced to below the 5,000 Btu/lb limit by bona fide treatment

that removes or destroys organic constituents. Blending for dilution to meet

the 5,000 Btu/lb limit is prohibited and documentation that the waste has not

been impermissibly diluted must be retained in the records required by

subsection (d)(1)(C) of this Section.

To be exempt from Sections 726.202 through 726.211, an owner or operator

of a lead, nickel-chromium, or mercury recovery furnace, except for an owner or

operator of a lead recovery furnace that is subject to regulation pursuant to

the Secondary Lead Smelting NESHAP of subpart X of 40 CFR 63, or a metal

recovery furnace that burns baghouse bags used to capture metallic dusts emitted

by steel manufacturing must provide a one-time written notice to the Agency

identifying each hazardous waste burned and specifying whether the owner or

operator claims an exemption for each waste pursuant to this subsection (d)(3)

or subsection (d)(1) of this Section. The owner or operator must comply with

the requirements of subsection (d)(1) of this Section for those wastes claimed

to be exempt pursuant to that subsection and must comply with the following

requirements for those wastes claimed to be exempt pursuant to this subsection

(d)(3):

A)?

The hazardous wastes listed in Appendices K, L, and M of this Part and

baghouse bags used to capture metallic dusts emitted by steel manufacturing are

exempt from the requirements of subsection (d)(1) of this Section, provided the

following are true:

A waste listed in Appendix K of this Part must contain recoverable levels

of lead, a waste listed in Appendix L of this Part must contain recoverable

levels of nickel or chromium, a waste listed in Appendix M of this Part must

contain recoverable levels of mercury and contain less than 500 ppm of Appendix

H to 35 Ill. Adm. Code 721 organic constituents, and baghouse bags used to

capture metallic dusts emitted by steel manufacturing must contain recoverable

levels of metal;

ii)

The waste does not exhibit the toxicity characteristic of 35 Ill. Adm.

Code 721.124 for an organic constituent;

iii)

The waste is not a hazardous waste listed in Subpart D of 35 Ill. Adm.

Code 721 because it is listed for an organic constituent, as identified in

Appendix G of 35 Ill. Adm. Code 721; and

iv)

The owner or operator certifies in the one-time notice that hazardous

waste is burned pursuant to the provisions of subsection (d)(3) of this Section

and that sampling and analysis will be conducted or other information will be

obtained as necessary to ensure continued compliance with these requirements.

Sampling and analysis must be conducted according to subsection (d)(1)(B) of

this Section, and records to document compliance with subsection (d)(3) of this

Section must be kept for at least three years.

The Agency may decide, on a case-by-case basis, that the toxic organic

constituents in a material listed in Appendix K, Appendix L, or Appendix M of

this Part that contains a total concentration of more than 500 ppm toxic organic

compounds listed in Appendix H to 35 Ill. Adm. Code 721 may pose a hazard to

human health and the environment when burned in a metal recovery furnace exempt

from the requirements of this Subpart H. Under these circumstances, after

adequate notice and opportunity for comment, the metal recovery furnace will

become subject to the requirements of this Subpart H when burning that material.

In making the hazard determination, the Agency must consider the following

factors:

The concentration and toxicity of organic constituents in the material;

ii)

The level of destruction of toxic organic constituents provided by the

furnace; and

iii)

Whether the acceptable ambient levels established in Appendix D or E of

this Part will be exceeded for any toxic organic compound that may be emitted

based on dispersion modeling to predict the maximum annual average off-site

ground level concentration.

e) The standards for direct transfer operations pursuant to Section 726.211

apply only to facilities subject to the permit standards of Section 726.202 or

the interim status standards of Section 726.203.

f)?

The management standards for residues pursuant to Section 726.212 apply to

any BIF burning hazardous waste.

g )?

Owners and operators of smelting, melting, and refining furnaces

(including pyrometallurgical devices such as cupolas, sintering machines,

roasters, and foundry furnaces) that process hazardous waste for recovery of

economically significant amounts of the precious metals gold, silver, platinum,

palladium, iridium, osmium, rhodium, ruthenium, or any combination of these

metals are conditionally exempt from regulation pursuant to this Subpart H,

except for Section 726.212. To be exempt from Sections 726.202 through 726.211,

an owner or operator must do the following:

1)?

Provide a one-time written notice to the Agency indicating the

following:

The owner or operator claims exemption pursuant to this Section,

The hazardous waste is burned for legitimate recovery of precious metal,

and

The owner or operator will comply with the sampling and analysis and

recordkeeping requirements of this Section;

Sample and analyze the hazardous waste, as necessary, to document that the

waste is burned for recovery of economically significant amounts of the metals

and that the treatment recovers economically significant amounts of precious

metal; and

Maintain, at the facility for at least three years, records to document

that all hazardous wastes burned are burned for recovery of economically

significant amounts of precious metal.

h)?

An owner or operator of a lead recovery furnace that processes hazardous

waste for recovery of lead and which is subject to regulation pursuant to the

Secondary Lead Smelting NESHAP of subpart X of 40 CFR 63, is conditionally

exempt from regulation pursuant to this Subpart H, except for Section 726.201.

To become exempt, an owner or operator must provide a one-time notice to the

Agency identifying each hazardous waste burned and specifying that the owner or

operator claims an exemption pursuant to this subsection (h). The notice also

must state that the waste burned has a total concentration of non-metal

compounds listed in Appendix H to 35 Ill. Adm. Code 721 of less than 500 ppm by

weight, as fired and as provided in subsection (d)(2)(A) of this Section, or is

listed in Appendix K to this Part.

i)?

Abbreviations and definitions. The following definitions and

abbreviations are used in this Subpart H:

"APCS" means air pollution control system.

"BIF" means boiler or industrial furnace.

"Carcinogenic metals" means arsenic, beryllium, cadmium, and chromium.

"CO" means carbon monoxide.

"Continuous monitor" is a monitor that continuously samples the regulated

parameter without interruption, that evaluates the detector response at least

once each 15 seconds, and that computes and records the average value at least

every 60 seconds.

BOARD NOTE: Derived from 40 CFR 266.100(e)(6)(i)(B)(1)(i) and (e)(6)(ii)(B)(1).

"DRE" means destruction or removal efficiency.

"cu m" or "m3" means cubic meters.

"E" means "ten to the power." For example, "XE-Y" means "X times ten to the -Y

power."

"Feed rates" are measured as specified in Section 726.202(e)(6).

"Good engineering practice stack height" is as defined by federal 40 CFR

51.100(ii) (Definitions), incorporated by reference in 35 Ill. Adm. Code

720.111(b).

"HC" means hydrocarbon.

"HCl" means hydrogen chloride gas.

"Hourly rolling average" means the arithmetic mean of the 60 most recent one-

minute average values recorded by the continuous monitoring system.

BOARD NOTE: Derived from 40 CFR 266.100(e)(6)(i)(B)(1)(ii).

"K" means Kelvin.

"kVA" means kilovolt amperes.

"MEI" means maximum exposed individual.

"MEI location" means the point with the maximum annual average off-site (unless

on-site is required) ground level concentration.

"Noncarcinogenic metals" means antimony, barium, lead, mercury, thallium, and

silver.

"One hour block average" means the arithmetic mean of the one minute averages

recorded during the 60-minute period beginning at one minute after the beginning

of the preceding clock hour.

BOARD NOTE: Derived from 40 CFR 266.100(e)(6)(ii)(B)(2).

"PIC" means product of incomplete combustion.

"PM" means particulate matter.

"POHC" means principal organic hazardous constituent.

"ppmv" means parts per million by volume.

"QA/QC" means quality assurance and quality control.

"Rolling average for the selected averaging period" means the arithmetic mean of

one hour block averages for the averaging period.

BOARD NOTE: Derived from 40 CFR 266.100(e)(6)(ii)(B)(2).

"RAC" means reference air concentration, the acceptable ambient level for the

noncarcinogenic metals for purposes of this Subpart. RACs are specified in

Appendix D of this Part.

"RSD" means risk-specific dose, the acceptable ambient level for the

carcinogenic metals for purposes of this Subpart. RSDs are specified in

Appendix E of this Part.

"SSU" means "Saybolt Seconds Universal," a unit of viscosity measured by ASTM D

88-87 (Standard Test Method for Saybolt Viscosity) or D 2161-87 (Standard

Practice for Conversion of Kinematic Viscosity to Saybolt Universal or to

Saybolt Furol Viscosity), each incorporated by reference in 35 Ill. Adm. Code

720.111(a).

"TCLP test" means Method 1311 (Toxicity Characteristic Leaching Procedure) in

"Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," USEPA

publication number EPA-530/SW-846, incorporated by reference in 35 Ill. Adm.

Code 720.111(a), as used for the purposes of 35 Ill. Adm. Code 721.124.

"TESH" means terrain-adjusted effective stack height (in meters).

"Tier I." See Section 726.206(b).

"Tier II." See Section 726.206(c).

"Tier III." See Section 726.206(d).

"Toxicity equivalence" is estimated, pursuant to Section 726.204(e), using

section 4.0 (Procedures for Estimating the Toxicity Equivalence of Chlorinated

Dibenzo-p-Dioxin and Dibenzofuran Congeners) in appendix IX to 40 CFR 266

(Methods Manual for Compliance with the BIF Regulations), incorporated by

reference in 35 Ill. Adm. Code 720.111(b) (see Appendix I of this Part).

"mg" means microgram.

General. An owner or operator of a BIF that burns hazardous waste and

which does not operate under interim status must comply with the requirements of

this Section and 35 Ill. Adm. Code 703.208 and 703.232, unless exempt pursuant

to the small quantity burner exemption of Section 726.208.

Applicability of 35 Ill. Adm. Code 724 standards. An owner or operator of

a BIF that burns hazardous waste is subject to the following provisions of 35

Ill. Adm. Code 724, except as provided otherwise by this Subpart H:

In Subpart A (General), 35 Ill. Adm. Code 724.104;

In Subpart B (General facility standards), 35 Ill. Adm. Code 724.111

through 724.118;

In Subpart C (Preparedness and prevention), 35 Ill. Adm. Code 724.131

through 724.137;

In Subpart D (Contingency plan and emergency procedures), 35 Ill. Adm.

Code 724.151 through 724.156;

In Subpart E (Manifest system, recordkeeping and reporting), the

applicable provisions of 35 Ill. Adm. Code 724.171 through 724.177;

F) In Subpart F (Corrcctivc Action) (Releases from Solid Waste Management

Units), 35 Ill. Adm. Code 724.190 and 724.201;

G) In Subpart G (Closure and post-closure), 35 Ill. Adm. Code 724.211 through

724.215;

In Subpart H (Financial requirements), 35 Ill. Adm. Code 724.241, 724.242,

724.243, and 724.247 through 724.251, except that the State of Illinois and the

federal government are exempt from the requirements of Subpart H of 35 Ill. Adm.

Code 724; and

Subpart BB (Air emission standards for equipment leaks), except 35 Ill.

Adm. Code 724.950(a).

Hazardous waste analysis.

The owner or operator must provide an analysis of the hazardous waste that

quantifies the concentration of any constituent identified in Appendix H of 35

Ill. Adm. Code 721 that is reasonably expected to be in the waste. Such

constituents must be identified and quantified if present, at levels detectable

by using appropriate analytical methods. The constituents listed in Appendix H

of 35 Ill. Adm. Code 721 that are excluded from this analysis must be identified

and the basis for their exclusion explained. This analysis must provide all

information required by this Subpart H and 35 Ill. Adm. Code 703.208 and 703.232

and must enable the Agency to prescribe such permit conditions as are necessary

to adequately protect human health and the environment. Such analysis must be

included as a portion of the Part B permit application, or, for facilities

operating under the interim status standards of this Subpart H, as a portion of

the trial burn plan that may be submitted before the Part B application pursuant

to provisions of 35 Ill. Adm. Code 703.232(g), as well as any other analysis

required by the Agency. The owner or operator of a BIF not operating under the

interim status standards must provide the information required by 35 Ill. Adm.

Code 703.208 and 703.232 in the Part B application to the greatest extent

possible.

Throughout normal operation, the owner or operator must conduct sampling

and analysis as necessary to ensure that the hazardous waste, other fuels, and

industrial furnace feedstocks fired into the BIF are within the physical and

chemical composition limits specified in the permit.

c)?

Emissions standards. An owner or operator must comply with emissions

standards provided by Sections 726.204 through 726.207.

d)?

Permits.

1)?

The owner or operator must burn only hazardous wastes specified in the

facility permit and only under the operating conditions specified pursuant to

subsection (e) of this Section, except in approved trial burns under the

conditions specified in 35 Ill. Adm. Code 703.232.

Hazardous wastes not specified in the permit must not be burned until

operating conditions have been specified under a new permit or permit

modification, as applicable. Operating requirements for new wastes must be

based on either trial burn results or alternative data included with Part B of a

permit application pursuant to 35 Ill. Adm. Code 703.208.

BIFs operating under the interim status standards of Section 726.203 are

permitted pursuant to procedures provided by 35 Ill. Adm. Code 703.232(g).

A permit for a new BIF (those BIFs not operating under the interim status

standards) must 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:

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 must be those most likely to ensure compliance

with the emission standards of Sections 726.204 through 726.207, based on the

Agency'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 must include

those specified by the applicable provisions of Section 726.204, Section

726.205, Section 726.206, or Section 726.207. The Agency must extend the

duration of this period for up to 720 additional hours when good cause for the

extension is demonstrated by the applicant.

For the duration of the trial burn, the operating requirements must be

sufficient to demonstrate compliance with the emissions standards of Sections

726.204 through 726.207 and must be in accordance with the approved trial burn

plan;

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 Agency to

reflect the trial burn results, the operating requirements must be those most

likely to ensure compliance with the emission standards Sections 726.204 through

726.207 based on the Agency's engineering judgment.

For the remaining duration of the permit, the operating requirements must

be those demonstrated in a trial burn or by alternative data specified in 35

Ill. Adm. Code 703.208, as sufficient to ensure compliance with the emissions

standards of Sections 726.204 through 726.207.

e)?

Operating requirements.

General. A BIF burning hazardous waste must be operated in accordance

with the operating requirements specified in the permit at all times when there

is hazardous waste in the unit.

Requirements to ensure compliance with the organic emissions standards.

DRE (destruction or removal efficiency) standard. Operating conditions

must be specified in either of the following ways: on a case-by-case basis for

each hazardous waste burned, which conditions must be demonstrated (in a trial

burn or by alternative data, as specified in 35 Ill. Adm. Code 703.208) to be

sufficient to comply with the DRE performance standard of Section 726.204(a), or

as special operating requirements provided by Section 726.204(a) (4) for the

waiver of the DRE trial burn. When the DRE trial burn is not waived pursuant to

Section 726.204(a)(4), each set of operating requirements must specify the

composition of the hazardous waste (including acceptable variations in the

physical and chemical properties of the hazardous waste that will not affect

compliance with the DRE performance standard) to which the operating

requirements apply. For each such hazardous waste, the permit must specify

acceptable operating limits including, but not limited to, the following

conditions, as appropriate:

i) Feed rate of hazardous waste and other fuels measured and specified as

prescribed in subsection (e) (6) of this Section;

ii) 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;

iii)

Appropriate controls of the hazardous waste firing system;

iv)

Allowable variation in BIF system design or operating procedures;

v) 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;

vi)

An appropriate indicator of combustion gas velocity, measured and

specified as prescribed in subsection (e) (6) of this Section, unless

documentation is provided pursuant to 35 Ill. Adm. Code 703.232 demonstrating

adequate combustion gas residence time; and

vii)

Such other operating requirements as are necessary to ensure that the DRE

performance standard of Section 726.204(a) is met.

B)?

CO and hydrocarbon (HC) standards. The permit must incorporate a CO limit

and, as appropriate, a HC limit as provided by Section 726.204(b), (c), (d),

(e), and (f). The permit limits must be specified as follows:

When complying with the CO standard of Section 726.204(b)(1), the permit

limit is 100 ppmv;

ii) When complying with the alternative CO standard pursuant to Section

726.204(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 726.204(c)(1)), except as provided in Section 726.204(f); or

iii)

When complying with the alternative HC limit for industrial furnaces

pursuant to Section 726.204(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 BIF,

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 pursuant to

Sections 726.204(a)(5), 726.205, 726.206, and 726.207) must 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 matter (PM)

standard.

A)?

Except as provided in subsections (e)(3)(B) and (e)(3)(C) of this Section,

the permit must specify the following operating requirements to ensure

conformance with the PM standard specified in Section 726.205:

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;

ii)

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;

iii) Appropriate controls on operation and maintenance of the hazardous waste

firing system and any air pollution control system (APCS);

iv)

Allowable variation in BIF system design including any APCS or operating

procedures; and

Such other operating requirements as are necessary to ensure that the PM

standard in Section 726.211(b) 726.205(a) is met.

Permit conditions to ensure conformance with the PM standard must not be

provided for facilities exempt from the PM standard pursuant to Section

726.205(b);

For cement kilns and light-weight aggregate kilns, permit conditions to

ensure compliance with the PM standard must 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 Section 726.206(b) or (e), the permit must specify the

following operating requirements:

Total feed rate of each metal in hazardous waste, other fuels and

industrial furnace feedstocks measured and specified pursuant to provisions of

subsection (e)(6) of this Section;

ii)

Total feed rate of hazardous waste measured and specified as prescribed in

subsection (e)(6) of this Section; and

iii)

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

pursuant to Section 726.206(c) and the Tier III metals controls pursuant to

Section 726.206(d), the permit must specify the following operating

requirements:

Maximum emission rate for each metal specified as the average emission

rate during the trial burn;

ii) Feed rate of total hazardous waste and pumpable hazardous waste, each

measured and specified as prescribed in subsection (e)(6)(A) of this Section;

iii) Feed rate of each metal in the following feedstreams, measured and

specified as prescribed in subsections (e)(6) of this Section: total feed

streams; total hazardous waste feed; and total pumpable hazardous waste feed;

iv)

Total feed rate of chlorine and chloride in total feed streams measured

and specified as prescribed in subsection (e)(6) of this Section;

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;

vi) Maximum flue gas temperature at the inlet to the PM APCS measured and

specified as prescribed in subsection (e) (6) of this Section;

vii)

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;

viii)

Appropriate controls on operation and maintenance of the hazardous waste

firing system and any APCS;

ix)

Allowable variation in BIF system design including any APCS or operating

procedures; and

Such other operating requirements as are necessary to ensure that the

metals standards pursuant to Section 726.206(c) or (d) are met.

C)?

For conformance with an alternative implementation approach approved by

the Agency pursuant to Section 726.206(f), the permit must specify the following

operating requirements:

Maximum emission rate for each metal specified as the average emission

rate during the trial burn;

ii)

Feed rate of total hazardous waste and pumpable hazardous waste, each

measured and specified as prescribed in subsection (e)(6)(A) of this Section;

iii) Feed rate of each metal in the following feedstreams, measured and

specified as prescribed in subsection (e) (6) of this Section: total hazardous

waste feed; and total pumpable hazardous waste feed;

iv)

Total feed rate of chlorine and chloride in total feed streams measured

and specified prescribed in subsection (e)(6) of this Section;

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;

vi)

Maximum flue gas temperature at the inlet to the PM APCS measured and

specified as prescribed in subsection (e)(6) of this Section;

vii)

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;

viii) Appropriate controls on operation and maintenance of the hazardous waste

firing system and any APCS;

ix)

Allowable variation in BIF system design including any APCS or operating

procedures; and

Such other operating requirements as are necessary to ensure that the

metals standards pursuant to Section 726.206(c) or (d) are met.

5)?

Requirements to ensure conformance with the HC1 and chlorine gas

standards.

A)?

For conformance with the Tier I total chlorine and chloride feed rate

screening limits of Section 726.207(b)(1), the permit must specify the following

operating requirements:

Feed rate of total chlorine and chloride in hazardous waste, other fuels

and industrial furnace feedstocks measured and specified as prescribed in

subsection (e)(6) of this Section;

ii)

Feed rate of total hazardous waste measured and specified as prescribed in

subsection (e)(6) of this Section; and

iii)

A sampling and analysis program for total chlorine and chloride for the

hazardous waste, other fuels and industrial furnace feedstocks;

B)?

For conformance with the Tier II HCl and chlorine gas emission rate

screening limits pursuant to Section 726.207(b)(2) and the Tier III HCl and

chlorine gas controls pursuant to Section 726.207(c), the permit must specify

the following operating requirements:

Maximum emission rate for HCl and for chlorine gas specified as the

average emission rate during the trial burn;

ii)

Feed rate of total hazardous waste measured and specified as prescribed in

subsection (e)(6) of this Section;

iii) Total feed rate of chlorine and chloride in total feed streams, measured

and specified as prescribed in subsection (e)(6) of this Section;

iv)

Maximum device production rate when producing normal product expressed in

appropriate units, measured and specified as prescribed in subsection (e)(6) of

this Section;

Appropriate controls on operation and maintenance of the hazardous waste

firing system and any APCS;

vi)

Allowable variation in BIF system design including any APCS or operating

procedures; and

vii) Such other operating requirements as are necessary to ensure that the HC1

and chlorine gas standards pursuant to Section 726.207(b)(2) or (c) are met.

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 must be measured, and permit limits on

the parameter must be established, according to either of the following

procedures:

Instantaneous limits. A parameter is 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

ii)

Hourly rolling average. The limit for a parameter must be established and

continuously monitored on an hourly rolling average basis, as defined in Section

726.200(i). The permit limit for the parameter must be established based on

trial burn data as the average over all valid test runs of the highest hourly

rolling average value for each run.

BOARD NOTE: The Board has combined the text of 40 CFR 266.100(e)(6)(i)(B)(1)

and (e)(6)(i)(B)(2) into this subsection (e)(6)(A)(ii) and moved the text of 40

CFR 266.100(e) (6) (i) (B) (1) (i) and (e) (6) (i) (B) (1) (ii) to appear as definitions

of "continuous monitor" and "hourly rolling average," respectively, in Section

726.200(i) to comport with Illinois Administrative Code codification

requirements.

Rolling average limits for carcinogenic metals and lead. Feed rate limits

for the carcinogenic metals (as defined in Section 726.200(i)) and lead must 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, the following requirements apply:

The feed rate of each metal must be limited at any time to ten times the

feed rate that would be allowed on an hourly rolling average basis;

ii)

Tcrms arc The continuous monitor must meet the specifications of

"continuous monitor," "rolling average for the selected averaging period," and

"one hour block average" as defined in Section 726.200(i); and

BOARD NOTE: The Board has moved the text of 40 CFR 266.100(e)(6)(ii)(B)(1) and

(e)(6)(ii)(B)(2) to appear as definitions in Section 726.200(i) to comport with

Illinois Administrative Code codification requirements.

iii)

The permit limit for the feed rate of each metal must 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 chlorine and chloride, 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 must be monitored pursuant to the continuous monitoring requirements

of subsections (e)(6)(A) and (e)(6)(B) of this Section.

D)?

Conduct of trial burn testing.

If compliance with all applicable emissions standards of Sections 726.204

through 726.207 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 must be as close as possible to

the original operating conditions.

ii)

Prior to obtaining test data for purposes of demonstrating compliance with

the emissions standards of Sections 726.204 through 726.207 or establishing

limits on operating parameters pursuant to this Section, the unit must operate

under trial burn conditions for a sufficient period to reach steady-state

operations. However, industrial furnaces that recycle collected PM back into

the furnace and that comply with an alternative implementation approach for

metals pursuant to Section 726.206(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.

iii)

Trial burn data on the level of an operating parameter for which a limit

must be established in the permit must be obtained during emissions sampling for

the pollutants (i.e., metals, PM, HC1/chlorine gas, organic compounds) for which

the parameter must be established as specified by this subsection (e).

7)?

General requirements.

A)?

Fugitive emissions. Fugitive emissions must be controlled in one of the

following ways:

i) By keeping the combustion zone totally sealed against fugitive emissions;

ii)

By maintaining the combustion zone pressure lower than atmospheric

pressure; or

iii)

By an alternative 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 BIF must be operated with a functioning

system that automatically cuts off the hazardous waste feed when operating

conditions deviate from those established pursuant to this Section. In

addition, the following requirements apply:

The permit limit for (the indicator of) minimum combustion chamber

temperature must be maintained while hazardous waste or hazardous waste residues

remain in the combustion chamber;

ii) Exhaust gases must be ducted to the APCS operated in accordance with the

permit requirements while hazardous waste or hazardous waste residues remain in

the combustion chamber; and

iii)

Operating parameters for which permit limits are established must continue

to be monitored during the cutoff, and the hazardous waste feed must not be

restarted until the levels of those parameters comply with the permit limits.

For parameters that are monitored on an instantaneous basis, the Agency must

establish a minimum period of time after a waste feed cutoff during which the

parameter must not exceed the permit limit before the hazardous waste feed is

restarted.

C)?

Changes. A BIF must cease burning hazardous waste when combustion

properties or feed rates of the hazardous waste, other fuels or industrial

furnace feedstocks, or the BIF design or operating conditions deviate from the

limits as specified in the permit.

8)?

Monitoring and Inspections.

A)?

The owner or operator must monitor and record the following, at a minimum,

while burning hazardous waste:

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 chlorine and chloride;

ii) If specified by the permit, CO, HCs, and oxygen on a continuous basis at a

common point in the BIF 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

must be installed, operated, and maintained in accordance with methods specified

in Appendix I of this Part; and

iii) Upon the request of the Agency, sampling and analysis of the hazardous

waste (and other fuels and industrial furnace feedstocks as appropriate),

residues, and exhaust emissions must be conducted to verify that the operating

requirements established in the permit achieve the applicable standards of

Sections 726.204, 726.205, 726.206, and 726.207.

All monitors must record data in units corresponding to the permit limit

unless otherwise specified in the permit.

C)?

The BIF and associated equipment (pumps, valucs, valves, pipes, fuel

storage tanks, etc.) must 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

must be tested at least once every seven days when hazardous waste is burned to

verify operability, unless the applicant demonstrates to the Agency that weekly

inspections will unduly restrict or upset operations and that less frequent

inspections will be adequate. At a minimum, operational testing must be

conducted at least once every 30 days.

E)?

These monitoring and inspection data must be recorded and the records must

be placed in the operating record required by 35 Ill. Adm. Code 724.173.

9)?

Direct transfer to the burner. If hazardous waste is directly transferred

from a transport vehicle to a BIF without the use of a storage unit, the owner

and operator must comply with Section 726.211.

10) Recordkeeping. The owner or operator must keep—maintain in the operating

record of the facility all information and data required by this Section until

closurc of the facility for five years.

11)

Closure. At closure, the owner or operator must remove all hazardous

waste and hazardous waste residues (including, but not limited to, ash, scrubber

waters, and scrubber sludges) from the BIF.

Purpose, scope, and applicability.

1)?

General.

The purpose of this Section is to establish minimum national standards for

owners and operators of "existing" BIFs that burn hazardous waste where such

standards define the acceptable management of hazardous waste during the period

of interim status. The standards of this Section apply to owners and operators

of existing facilities until either a permit is issued under Section 726.202(d)

or until closure responsibilities identified in this Section are fulfilled.

"Existing" or "in existence" means a BIF for which the owner or operator

filed a certification of precompliance with USEPA pursuant to federal 40 CFR

266.103(b); provided, however, that USEPA has not determined that the

certification is invalid.

If a BIF is located at a facility that already has a RCRA permit or

interim status, then the owner or operator must comply with the applicable

regulations dealing with permit modifications in 35 Ill. Adm. Code 703.280 or

changes in interim status in 35 Ill. Adm. Code 703.155.

2)?

Exemptions. The requirements of this Section do not apply to hazardous

waste and facilities exempt under Section 726.200(b) or 726.208.

3)?

Prohibition on burning dioxin-listed wastes. The following hazardous

waste listed for dioxin and hazardous waste derived from any of these wastes

must not be burned in a BIF operating under interim status: USEPA hazardous

waste numbers F020, F021, F022, F023, F026, and F027.

4) Applicability of 35 Ill. Adm. Code 725 standards. An owner or operator of

a BIF that burns hazardous waste and which is operating under interim status is

subject to the following provisions of 35 Ill. Adm. Code 725, except as provided

otherwise by this Section:

In Subpart A of 35 Ill. Adm. Code 725 (General), 35 Ill. Adm. Code

725.104;

In Subpart B of 35 Ill. Adm. Code 725 (General facility standards), 35

Ill. Adm. Code 725.111 through 725.117;

In Subpart C of 35 Ill. Adm. Code 725 (Preparedness and prevention), 35

ill. Adm. Code 725.131 through 725.137;

In Subpart D of 35 Ill. Adm. Code 725 (Contingency plan and emergency

procedures), 35 Ill. Adm. Code 725.151 through 725.156;

In Subpart E of 35 Ill. Adm. Code 725 (Manifest system, recordkeeping and

reporting), 35 Ill. Adm. Code 725.171 through 725.177, except that 35 Ill. Adm.

Code 725.171, 725.172 and 725.176 do not apply to owners and operators of on-

site facilities that do not receive any hazardous waste from off-site sources;

F) In Subpart G of 35 Ill. Adm. Code 725 (Closure and post-closure), 35 Ill.

Adm. Code 725.211 through 725.215;

G) In Subpart H of 35 Ill. Adm. Code 725 (Financial requirements), 35 Ill.

Adm. Code 725.241, 725.242, 725.243, and 725.247 through 725.251 725.250, except

that the State of Illinois and the federal government are exempt from the

requirements of Subpart H of 35 Ill. Adm. Code 725; and

In Subpart BB of 35 Ill. Adm. Code 725 (Air emission standards for

equipment leaks), except 35 Ill. Adm. Code 725.950(a).

Special requirements for furnaces. The following controls apply during

interim status to industrial furnaces (e.g., kilns, cupolas) that feed hazardous

waste for a purpose other than solely as an ingredient (see subsection (a)(5)(B)

of this Section) at any location other than the hot end where products are

normally discharged or where fuels are normally fired:

A)?

Controls.

i) The hazardous waste must be fed at a location where combustion gas

temperature is at least 1800° F;

ii)

The owner or operator must determine that adequate oxygen is present in

combustion gases to combust organic constituents in the waste and retain

documentation of such determination in the facility record;

iii) For cement kiln systems, the hazardous waste must be fed into the kiln;

and

iv) The HC controls of Section 726.204(f) or subsection (c)(5) of this Section

apply upon certification of compliance under subsection (c) of this Section,

irrespective of the CO level achieved during the compliance test.

B)?

Burning hazardous waste solely as an ingredient. A hazardous waste is

burned for a purpose other than "solely as an ingredient" if it meets either of

the following criteria:

i) The hazardous waste has a total concentration of nonmetal compounds listed

in Appendix H of 35 Ill. Adm. Code 721, exceeding 500 ppm by weight, as fired

and so is considered to be burned for destruction. The concentration of

nonmetal compounds in a waste as-generated may be reduced to the 500 ppm limit

by bona fide treatment that removes or destroys nonmetal constituents. Blending

for dilution to meet the 500 ppm limit is prohibited and documentation that the

waste has not been impermissibly diluted must be retained in the facility

record; or

ii) The hazardous waste has a heating value of 5,000 Btu/lb or more, as fired,

and so is considered to be burned as fuel. The heating value of a waste as-

generated may be reduced to below the 5,000 Btu/lb limit by bona fide treatment

that removes or destroys organic constituents. The heating value of a waste as-

generated may be reduced to below the 5,000 Btu/lb limit by bona fide treatment

that removes or destroys organic constituents. Blending to augment the heating

value to meet the 5,000 Btu/lb limit is prohibited and documentation that the

waste has not been impermissibly blended must be retained in the facility

record.

6)?

Restrictions on burning hazardous waste that is not a fuel. Prior to

certification of compliance under subsection (c) of this Section, an owner or

operator must not feed hazardous waste that has a heating value less than 5000

Btu/lb, as generated, (except that the heating value of a waste as-generated may

be increased to above the 5,000 Btu/lb limit by bona fide treatment; however

blending to augment the heating value to meet the 5,000 Btu/lb limit is

prohibited and records must be kept to document that impermissible blending has

not occurred) in a BIF, except that the following may occur:

A)?

Hazardous waste may be burned solely as an ingredient;

Hazardous waste may be burned for purposes of compliance testing (or

testing prior to compliance testing) for a total period of time not to exceed

720 hours;

Such waste may be burned if the Agency has documentation to show that the

following was true prior to August 21, 1991:

The BIF was operating under the interim status standards for incinerators

or thermal treatment units, Subparts 0 or P of 35 Ill. Adm. Code 725;

ii)

The BIF met the interim status eligibility requirements under 35 Ill. Adm.

Code 703.153 for Subparts 0 or P of 35 Ill. Adm. Code 725; and

iii)

Hazardous waste with a heating value less than 5,000 Btu/lb was burned

prior to that date; or

D)?

Such waste may be burned in a halogen acid furnace if the waste was burned

as an excluded ingredient under 35 Ill. Adm. Code 721.102(e) prior to February

21, 1991, and documentation is kept on file supporting this claim.

Direct transfer to the burner. If hazardous waste is directly transferred

from a transport vehicle to a BIF without the use of a storage unit, the owner

or operator must comply with Section 726.211.

Certification of precompliance. This subsection corresponds with 40 CFR

266.103(b), under which USEPA required certain owners and operators to file a

certification of precompliance by August 21, 1991. No similar filing with the

Agency was required, so the Board did not incorporate the federal filing

requirement into the Illinois regulations. This statement maintains structural

parity with the federal regulations.

Certification of compliance. The owner or operator must conduct emissions

testing to document compliance with the emissions standards of Sections

726.204(b) through (e), 726.205, 726.206, and 726.207 and subsection

(a)(5)(A)(iv) of this Section under the procedures prescribed by this subsection

(c), except under extensions of time provided by subsection (c)(7) of this

Section. Based on the compliance test, the owner or operator must submit to the

Agency, on or before August 21, 1992, a complete and accurate "certification of

compliance" (under subsection (c)(4) of this Section) with those emission

standards establishing limits on the operating parameters specified in

subsection (c)(1) of this Section.

1)?

Limits on operating conditions. The owner or operator must establish

limits on the following parameters based on operations during the compliance

test (under procedures prescribed in subsection (c)(4)(D) of this Section) or as

otherwise specified and include these limits with the certification of

compliance. The BIF must be operated in accordance with these operating limits

and the applicable emissions standards of Sections 726.204(b) through (e),

726.205, 726.206, and 726.207 and subsection (a)(5)(A)(iv) of this Section at

all times when there is hazardous waste in the unit.

A)?

Feed rate of total hazardous waste and (unless complying the Tier I or

adjusted Tier I metals feed rate screening limits under Section 726.206(b) or

(e)), pumpable hazardous waste;

B)?

Feed rate of each metal in the following feedstreams:

Total feedstreams, except that industrial furnaces which must comply with

the alternative metals implementation approach under subsection (c)(3)(B) of

this Section must specify limits on the concentration of each metal in collected

PM in lieu of feed rate limits for total feedstreams; and facilities that comply

with Tier I or Adjusted Tier I metals feed rate screening limits may set their

operating limits at the metal feed rate screening limits determined under

subsection 726.206(b) or (e) of this Section;

BOARD NOTE: Federal subsections 266.103(c)(1)(ii)(A)(1) and (c)(1)(ii)(A)(2)

are condensed into subsection (c)(1)(B)(i).

ii)

Total hazardous waste feed (unless complying with the Tier I or adjusted

Tier I metals feed rate screening limits under Section 726.206(b) or (e)); and

iii)

Total pumpable hazardous waste feed (unless complying with Tier I or

Adjusted Tier I metals feed rate screening limits under Section 726.206(b) or

(e));

C)?

Total feed rate of total chlorine and chloride in total feed streams,

except that facilities that comply with Tier I or Adjusted Tier I feed rate

screening limits may set their operating limits at the total chlorine and

chloride feed rate screening limits determined under Section 726.207(b) (1) or

(e);

Total feed rate of ash in total feed streams, except that the ash feed

rate for cement kilns and light-weight aggregate kilns is not limited;

E)?

CO concentration, and where required, HC concentration in stack gas. When

complying with the CO controls of Section 726.204(b), the CO limit is 100 ppmv,

and when complying with the HC controls of Section 726.204(c), the HC limit is

20 ppmv. When complying with the CO controls of Section 726.204(c), the CO

limit is established based on the compliance test;

F)?

Maximum production rate of the device in appropriate units when producing

normal product unless complying with Tier I or Adjusted Tier I feed rate

screening limits for chlorine under Section 726.207(b)(1) or (e) and for all

metals under Section 726.207(b) or (e), and the uncontrolled particulate

emissions do not exceed the standard under Section 726.205;

Maximum combustion chamber temperature where the temperature measurement

is as close to the combustion zone as possible and is upstream of any quench

water injection, (unless complying with the Tier I adjusted Tier I metals feed

rate screening limits under Section 726.206(b) or (e));

H)?

Maximum flue gas temperature entering a PM control device (unless

complying with Tier I or adjusted Tier I metals feed rate screening limits under

Section 726.206(b) or (e));

I)?

For systems using wet scrubbers, including wet ionizing scrubbers (unless

complying with the Tier I or adjusted Tier I metals feed rate screening limits

under Section 726.206(b) or (e) and the total chlorine and chloride feed rate

screening limits under Section 726.207(b) (1) or (e)):

i) Minimum liquid to flue gas ratio;

ii)

Minimum scrubber blowdown from the system or maximum suspended solids

content of scrubber water; and

iii)

Minimum pH level of the scrubber water;

J)?

For systems using venturi scrubbers, the minimum differential gas pressure

across the venturi (unless complying the Tier I or adjusted Tier I metals feed

rate screening limits under Section 726.206(b) or (e) and the total chlorine and

chloride feed rate screening limits under Section 726.207(b)(1) or (e));

K)?

For systems using dry scrubbers (unless complying with the Tier I or

adjusted Tier I metals feed rate screening limits under Section 726.206(b) or

(e) and the total chlorine and chloride feed rate screening limits under Section

726.207(b)(1) or (e)):

Minimum caustic feed rate; and

ii)

Maximum flue gas flow rate;

For systems using wet ionizing scrubbers or electrostatic precipitators

(unless complying with the Tier I or adjusted Tier I metals feed rate screening

limits under Section 726.206(b) or (e) and the total chlorine and chloride feed

rate screening limits under Section 726.207(b)(1) or (e)):

Minimum electrical power in kVA to the precipitator plates; and

ii) Maximum flue gas flow rate;

M)?

For systems using fabric filters (baghouses), the minimum pressure drop

(unless complying with the Tier I or adjusted Tier I metals feed rate screening

limits under Section 726.206(b) or (e) and the total chlorine and chloride feed

rate screening limits under Section 726.207(b)(1) or (e)).

2)?

Prior notice of compliance testing. At least 30 days prior to the

compliance testing required by subsection (c)(3) of this Section, the owner or

operator must notify the Agency and submit the following information:

A)?

General facility information including:

i) USEPA facility ID number;

ii)

Facility name, contact person, telephone number, and address;

iii)

Person responsible for conducting compliance test, including company name,

address, and telephone number, and a statement of qualifications;

iv)

Planned date of the compliance test;

B)?

Specific information on each device to be tested, including the following:

A Description of BIF;

ii)

A scaled plot plan showing the entire facility and location of the BIF;

iii) A description of the APCS;

iv)

Identification of the continuous emission monitors that are installed,

including the following: CO monitor; Oxygen monitor; HC monitor, specifying the

minimum temperature of the system, and, if the temperature is less than 150-Q

-° C,

an explanation of why a heated system is not used (see subsection (c)(5) of this

Section) and a brief description of the sample gas conditioning system;

Indication of whether the stack is shared with another device that will be

in operation during the compliance test; and

vi)

Other information useful to an understanding of the system design or

operation; and

C) Information on the testing planned, including a complete copy of the test

protocol and QA/QC plan, and a summary description for each test providing the

following information at a minimum:

Purpose of the test (e.g., demonstrate compliance with emissions of PM);

and

ii)

Planned operating conditions, including levels for each pertinent

parameter specified in subsection (c)(1) of this Section.

3)?

Compliance testing.

A) General. Compliance testing must be conducted under conditions for which

the owner or operator has submitted a certification of precompliance under

subsection (b) of this Section and under conditions established in the

notification of compliance testing required by subsection (c)(2) of this

Section. The owner or operator may seek approval on a case-by-case basis to use

compliance test data from one unit in lieu of testing a similar on-site unit.

To support the request, the owner or operator must provide a comparison of the

hazardous waste burned and other feedstreams, and the design, operation, and

maintenance of both the tested unit and the similar unit. The Agency must

provide a written approval to use compliance test data in lieu of testing a

similar unit if the Agency finds that the hazardous wastes, devices and the

operating conditions are sufficiently similar, and the data from the other

compliance test is adequate to meet the requirements of this subsection (c).

Special requirements for industrial furnaces that recycle collected PM.

Owners and operators of industrial furnaces that recycle back into the furnace

PM from the APCS must comply with one of the following procedures for testing to

determine compliance with the metals standards of Section 726.206(c) or (d):

The special testing requirements prescribed in "Alternative Method for

Implementing Metals Controls" in Appendix I to this Part;

ii) Stack emissions testing for a minimum of six hours each day while

hazardous waste is burned during interim status. The testing must be conducted

when burning normal hazardous waste for that day at normal feed rates for that

day and when the APCS is operated under normal conditions. During interim

status, hazardous waste analysis for metals content must be sufficient for the

owner or operator to determine if changes in metals content affect the ability

of the unit to meet the metals emissions standards established under Section

726.206(c) or (d). Under this option, operating limits (under subsection (c)(1)

of this Section) must be established during compliance testing under this

subsection (c)(3) only on the following parameters: feed rate of total

hazardous waste; total feed rate of total chlorine and chloride in total feed

streams; total feed rate of ash in total feed streams, except that the ash feed

rate for cement kilns and light-weight aggregate kilns is not limited; CO

concentration, and where required, HC concentration in stack gas; and maximum

production rate of the device in appropriate units when producing normal

product; or

iii)

Conduct compliance testing to determine compliance with the metals

standards to establish limits on the operating parameters of subsection (c)(1)

of this Section only after the kiln system has been conditioned to enable it to

reach equilibrium with respect to metals fed into the system and metals

emissions. During conditioning, hazardous waste and raw materials having the

same metals content as will be fed during the compliance test must be fed at the

feed rates that will be fed during the compliance test.

C)?

Conduct of compliance testing.

If compliance with all applicable emissions standards of Sections 726.204

through 726.207 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 must be as close as possible to

the original operating conditions.

ii) Prior to obtaining test data for purposes of demonstrating compliance with

the applicable emissions standards of Sections 726.204 through 726.207 or

establishing limits on operating parameters under this Section, the facility

must operate under compliance test conditions for a sufficient period to reach

steady-state operations. Industrial furnaces that recycle collected PM back

into the furnace and that comply with subsection (c)(3)(B)(i) or (c)(3)(B)(ii)

of this Section, however, need not reach steady state conditions with respect to

the flow of metals in the system prior to beginning compliance testing for

metals.

iii) Compliance test data on the level of an operating parameter for which a

limit must be established in the certification of compliance must be obtained

during emissions sampling for the pollutants (i.e., metals, PM, HC1/chlorine

gas, organic compounds) for which the parameter must be established as specified

by subsection (c)(1) of this Section.

4)?

Certification of compliance. Within 90 days of completing compliance

testing, the owner or operator must certify to the Agency compliance with the

emissions standards of Sections 726.204(b), (c) and (e); 726.205; 726.206;

726.207; and subsection (a)(5)(A)(iv) of this Section. The certification of

compliance must include the following information:

A)?

General facility and testing information, including the following:

USEPA facility ID number;

ii)

Facility name, contact person, telephone number, and address;

iii)

Person responsible for conducting compliance testing, including company

name, address, and telephone number, and a statement of qualifications;

iv) Dates of each compliance test;

Description of BIF tested;

vi)

Person responsible for QA/QC, title and telephone number, and statement

that procedures prescribed in the QA/QC plan submitted under Section

726.203(c)(2)(C) have been followed, or a description of any changes and an

explanation of why changes were necessary;

vii)

Description of any changes in the unit configuration prior to or during

testing that would alter any of the information submitted in the prior notice of

compliance testing under subsection (c)(2) of this Section and an explanation of

why the changes were necessary;

viii)

Description of any changes in the planned test conditions prior to or

during the testing that alter any of the information submitted in the prior

notice of compliance testing under subsection (c)(2) of this Section and an

explanation of why the changes were necessary; and

ix)

The complete report on results of emissions testing.

Specific information on each test, including the following:

Purposes of test (e.g., demonstrate conformance with the emissions limits

for PM, metals, HC1, chlorine gas, and CO);

ii) Summary of test results for each run and for each test including the

following information: date of run; duration of run; time-weighted average and

highest hourly rolling average CO level for each run and for the test; highest

hourly rolling average HC level, if HC monitoring is required for each run and

for the test; if dioxin and furan testing is required under Section 726.204(e),

time-weighted average emissions for each run and for the test of chlorinated

dioxin and furan emissions, and the predicted maximum annual average ground

level concentration of the toxicity equivalency factor (defined in Section

726.200(i)); time-weighted average PM emissions for each run and for the test;

time-weighted average HC1 and chlorine gas emissions for each run and for the

test; time-weighted average emissions for the metals subject to regulation under

Section 726.206 for each run and for the test; and QA/QC results.

Comparison of the actual emissions during each test with the emissions

limits prescribed by Sections 726.204(b), (c), and (e); 726.205; 726.206; and

726.207 and established for the facility in the certification of precompliance

under subsection (b) of this Section.

Determination of operating limits based on all valid runs of the

compliance test for each applicable parameter listed in subsection (c)(1) of

this Section using one of the following procedures:

i) Instantaneous limits. A parameter must be measured and recorded on an

instantaneous basis (i.e., the value that occurs at any time) and the operating

limit specified as the time-weighted average during all runs of the compliance

test.

ii)

Hourly rolling average basis. The limit for a parameter must be

established and continuously monitored on an hourly rolling average basis, as

defined in Section 726.200(i). The operating limit for the parameter must be

established based on compliance test data as the average over all test runs of

the highest hourly rolling average value for each run.

iii) Rolling average limits for carcinogenic metals (as defined in Section

726.200(i)) and lead. Feed rate limits for the carcinogenic metals and lead

must be established either on an hourly rolling average basis as prescribed by

subsection (c)(4)(D)(ii) of this Section or on (up to) a 24 hour rolling average

basis. If the owner or operator elects to use an averaging period from two to

24 hours the following must occur: the feed rate of each metal must be limited

at any time to ten times the feed rate that would be allowed on a hourly rolling

average basis; the operating limit for the feed rate of each metal must be

established based on compliance test data as the average over all test runs of

the highest hourly rolling average feed rate for each run; and the continuous

monitor and the rolling average for the selected averaging period are as defined

in Section 726.200(i).

BOARD NOTE: The Board has combined the text of 40 C.F.R.

266.103(c)(4)(iv)(C)(1) and (c)(4)(iv)(C)(3) are condensed into subsection

(c)(b)(C)(iii) to comport with Illinois Administrative Code codification

requirements.

iv) Feed rate limits for metals, total chlorine and chloride, 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 must be monitored under the continuous monitoring requirements of

subsections (c)(4)(D)(i) through (c)(4)(D)(iii) of this Section.

E)?

Certification of compliance statement. The following statement must

accompany the certification of compliance:

"I certify under penalty of law that this information was prepared under my

direction or supervision in accordance with a system designed to ensure that

qualified personnel properly gathered and evaluated the information and

supporting documentation. Copies of all emissions tests, dispersion modeling

results, and other information used to determine conformance with the

requirements of 35 Ill. Adm. Code 726.203(c) are available at the facility and

can be obtained from the facility contact person listed above. Based on my

inquiry of the person or persons who manage the facility, or those persons

directly responsible for gathering the information, the information submitted

is, to the best of my knowledge and belief, true, accurate, and complete. I am

aware that there are significant penalties for submitting false information,

including the possibility of fine and imprisonment for knowing violations.

I also acknowledge that the operating limits established pursuant to 35 Ill.

Adm. Code 726.203(c)(4)(D) are enforceable limits at which the facility can

legally operate during interim status until a revised certification of

compliance is submitted."

Special requirements for HC monitoring systems. When an owner or operator

is required to comply with the HC controls provided by Section 726.204(c) or

subsection (a)(5)(A)(iv) of this Section, a conditioned gas monitoring system

may be used in conformance with specifications provided in Appendix I to this

Part provided that the owner or operator submits a certification of compliance

without using extensions of time provided by subsection (c)(7) of this Section.

Special operating requirements for industrial furnaces that recycle

collected PM. Owners and operators of industrial furnaces that recycle back

into the furnace PM from the APCS must do the following:

When complying with the requirements of subsection (c)(3)(B)(i) of this

Section, comply with the operating requirements prescribed in "Alternative

Method to Implement the Metals Controls" in Appendix I to this Part; and

When complying with the requirements of subsection (c)(3)(B)(ii) of this

Section, comply with the operating requirements prescribed by that subsection.

7)?

Extensions of time.

A)?

If the owner or operator does not submit a complete certification of

compliance for all of the applicable emissions standards of Sections 726.204,

726.205, 726.206, and 726.207 by August 21, 1992, the owner or operator must do

the following:

Stop burning hazardous waste and begin closure activities under subsection

(1) of this Section for the hazardous waste portion of the facility;

ii)

Limit hazardous waste burning only for purposes of compliance testing (and

pretesting to prepare for compliance testing) a total period of 720 hours for

the period of time beginning August 21, 1992, submit a notification to the

Agency by August 21, 1992 stating that the facility is operating under

restricted interim status and intends to resume burning hazardous waste, and

submit a complete certification of compliance by August 23, 1993; or

iii)

Obtain a case-by-case extension of time under subsection (c)(7)(B) of this

Section.

B)?

Case-by-case extensions of time. See Section 726.219.

Revised certification of compliance. The owner or operator may submit at

any time a revised certification of compliance (recertification of compliance)

under the following procedures:

Prior to submittal of a revised certification of compliance, hazardous

waste must not be burned for more than a total of 720 hours under operating

conditions that exceed those established under a current certification of

compliance, and such burning must be conducted only for purposes of determining

whether the facility can operate under revised conditions and continue to meet

the applicable emissions standards of Sections 726.204, 726.205, 726.206, and

726.207;

At least 30 days prior to first burning hazardous waste under operating

conditions that exceed those established under a current certification of

compliance, the owner or operator must notify the Agency and submit the

following information:

USEPA facility ID number, and facility name, contact person, telephone

number, and address;

ii)

Operating conditions that the owner or operator is seeking to revise and

description of the changes in facility design or operation that prompted the

need to seek to revise the operating conditions;

iii)

A determination that, when operating under the revised operating

conditions, the applicable emissions standards of Sections 726.204, 726.205,

726.206, and 726.207 are not likely to be exceeded. To document this

determination, the owner or operator must submit the applicable information

required under subsection (b)(2) of this Section; and

iv)

Complete emissions testing protocol for any pretesting and for a new

compliance test to determine compliance with the applicable emissions standards

of Sections 726.204, 726.205, 726.206, and 726.207 when operating under revised

operating conditions. The protocol must include a schedule of pre-testing and

compliance testing. If the owner or operator revises the scheduled date for the

compliance test, the owner or operator must notify the Agency in writing at

least 30 days prior to the revised date of the compliance test;

Conduct a compliance test under the revised operating conditions and the

protocol submitted to the Agency to determine compliance with the applicable

emissions standards of Sections 726.204, 726.205, 726.206, and 726.207; and

Submit a revised certification of compliance under subsection (c)(4) of

this Section.

Periodic Recertifications. The owner or operator must conduct compliance

testing and submit to the Agency a recertification of compliance under

provisions of subsection (c) of this Section within three five years from

submitting the previous certification or recertification. If the owner or

operator seeks to recertify compliance under new operating conditions, the owner

or operator must comply with the requirements of subsection (c)(8) of this

Section.

Noncompliance with certification schedule. If the owner or operator does

not comply with the interim status compliance schedule provided by subsections

(b), (c), and (d) of this Section, hazardous waste burning must terminate on the

date that the deadline is missed, closure activities must begin under subsection

(1) of this Section, and hazardous waste burning must not resume except under an

operating permit issued under 35 Ill. Adm. Code 703.232. For purposes of

compliance with the closure provisions of subsection (1) of this Section and 35

Ill. Adm. Code 725.212(d)(2) and 725.213, the BIF has received "the known final

volume of hazardous waste" on the date the deadline is missed.

Start-up and shut-down. 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) must not be fed into the device during start-up

and shut-down of the BIF, unless the device is operating within the conditions

of operation specified in the certification of compliance.

Automatic waste feed cutoff. During the compliance test required by

subsection (c)(3) of this Section and upon certification of compliance under

subsection (c) of this Section, a BIF must be operated with a functioning system

that automatically cuts off the hazardous waste feed when the applicable

operating conditions specified in subsections (c)(1)(A) and (c)(1)(E) through

(c)(1)(M) of this Section deviate from those established in the certification of

compliance. In addition, the following must occur:

1)?

To minimize emissions of organic compounds, the minimum combustion chamber

temperature (or the indicator of combustion chamber temperature) that occurred

during the compliance test must be maintained while hazardous waste or hazardous

waste residues remain in the combustion chamber, with the minimum temperature

during the compliance test defined as either of the following:

If compliance with the combustion chamber temperature limit is based on a–

an hourly rolling average, the minimum temperature during the compliance test is

considered to be the average over all runs of the lowest hourly rolling average

for each run; or

B) If compliance with the combustion chamber temperature limit is based on an

instantaneous temperature measurement, the minimum temperature during the

compliance test is considered to be the time-weighted average temperature during

all runs of the test; and

2)?

Operating parameters limited by the certification of compliance must

continue to be monitored during the cutoff, and the hazardous waste feed must

not be restarted until the levels of those parameters comply with the limits

established in the certification of compliance.

h)?

Fugitive emissions. Fugitive emissions must be controlled as follows:

1) By keeping the combustion zone totally sealed against fugitive emissions;

By maintaining the combustion zone pressure lower than atmospheric

pressure; or

3) By an alternative means of control that the owner or operator demonstrates

provides fugitive emissions control equivalent to maintenance of combustion zone

pressure lower than atmospheric pressure. Support for such demonstration must

be included in the operating record.

i)?

Changes. A BIF must cease burning hazardous waste when combustion

properties, or feed rates of the hazardous waste, other fuels or industrial

furnace feedstocks, or the BIF design or operating conditions deviate from the

limits specified in the certification of compliance.

Monitoring and Inspections.

1)?

The owner or operator must monitor and record the following, at a minimum,

while burning hazardous waste:

A) Feed rates and composition of hazardous waste, other fuels, and industrial

furnace feed stocks and feed rates of ash, metals, and total chlorine and

chloride as necessary to ensure conformance with the certification of

precompliance or certification of compliance;

B) CO, oxygen, and, if applicable, HC on a continuous basis at a common point

in the BIF downstream of the combustion zone and prior to release of stack gases

to the atmosphere in accordance with the operating limits specified in the

certification of compliance. CO, HC, and oxygen monitors must be installed,

operated, and maintained in accordance with methods specified in Appendix I to

this Part; and

Upon the request of the Agency, sampling and analysis of the hazardous

waste (and other fuels and industrial furnace feed stocks as appropriate) and

the stack gas emissions must be conducted to verify that the operating

conditions established in the certification of precompliance or certification of

compliance achieve the applicable standards of Sections 726.204, 726.205,

726.206, and 726.207.

The BIF and associated equipment (pumps, valves, pipes, fuel storage

tanks, etc.) must be subjected to thorough visual inspection when they contain

hazardous waste, at least daily for leaks, spills, fugitive emissions, and signs

of tampering.

The automatic hazardous waste feed cutoff system and associated alarms

must be tested at least once every seven days when hazardous waste is burned to

verify operability, unless the owner or operator can demonstrate that weekly

inspections will unduly restrict or upset operations and that less frequent

inspections will be adequate. Support for such demonstration must be included

in the operating record. At a minimum, operational testing must be conducted at

least once every 30 days.

These monitoring and inspection data must be recorded and the records must

be placed in the operating log.

k)?

Recordkeeping. The owner or operator must keep in the operating record of

the facility all information and data required by this Section until closurc of

the BIT unit for five years.

1)?

Closure. At closure, the owner or operator must remove all hazardous

waste and hazardous waste residues (including, but not limited to, ash, scrubber

waters and scrubber sludges) from the BIF and must comply with 35 Ill. Adm. Code

725.211 through 725.215.

A BIF burning hazardous waste must not emit PM in excess of 180 mg/dry

standard m3 (0.08 grains/dry standard cubic foot) after correction to a stack

gas concentration of seven percent oxygen, using procedures prescribed in the

following methods in appendix A to 40 CFR 60 (Test Methods), each incorporated

by reference in 35 Ill. Adm. Code 720.111(b) (see Appendix I of this Part):

Method 1 (Sample and Velocity Traverses for Stationary Sources), Method 2

(Determination of Volatile Organic Compound Leaks), Method 2A (Direct

Measurement of Gas Volume through Pipes and Small Ducts), Method 2B

(Determination of Exhaust Gas Volume Flow Rate from Gasoline Vapor

Incinerators), Method 2C (Determination of Gas Velocity and Volumetric Flow Rate

in Small Stacks or Ducts (Standard Pitot Tube)), Method 2D (Measurement of Gas

Volume Flow Rates in Small Pipes and Ducts), Method 2E (Determination of

Landfill Gas Production Flow Rate), Method 2F (Determination of Stack Gas

Velocity and Volumetric Flow Rate with Three-Dimensional Probes), Method 2G

(Determination of Stack Gas Velocity and Volumetric Flow Rate with Two-

Dimensional Probes), Method 2H (Determination of Stack Gas Velocity Taking into

Account Velocity Decay Near the Stack Wall), Method 3 (Gas Analysis for the

Determination of Dry Molecular Weight), Method 3A (Determination of Oxygen and

Carbon Dioxide Concentrations in Emissions from Stationary Sources (Instrumental

Analyzer Procedure)), Method 3B (Gas Analysis for the Determination of Emission

Rate Correction Factor or Excess Air), Method 3C (Determination of Carbon

Dioxide, Methane, Nitrogen, and Oxygen from Stationary Sources), Method 4

(Determination of Moisture Content in Stack Gases), Method 5 (Determination of

Particulate Matter Emissions from Stationary Sources), Method 5A (Determination

of Particulate Matter Emissions from the Asphalt Processing and Asphalt Roofing

Industry), Method 5B (Determination of Nonsulfuric Acid Particulate Matter

Emissions from Stationary Sources), Method 5D (Determination of Particulate

Matter Emissions from Positive Pressure Fabric Filters), Method 5E

(Determination of Particulate Matter Emissions from the Wool Fiberglass

Insulation Manufacturing Industry), Method 5F (Determination of Nonsulfate

Particulate Matter Emissions from Stationary Sources), Method 5G (Determination

of Particulate Matter Emissions from Wood Heaters (Dilution Tunnel Sampling

Location)), Method 5H (Determination of Particulate Emissions from Wood Heaters

from a Stack Location), and Method 51 (Determination of Low Level Particulate

Matter Emissions from Stationary Sources).

b)?

An owner or operator meeting the requirements of Section 726.209(b) for

the low risk waste exemption is exempt from the PM standard.

c)?

Oxygen correction.

Measured pollutant levels must be corrected for the amount of oxygen in

the stack gas according to the following formula:

Where:

Pc = the corrected concentration of the pollutant in the stack gasPm gaz2m=

the measured concentration of the pollutant in the stack gacE ciasE=

the

oxygen concentration on a dry basis in the combustion air fed to the de-vd-e-e-Y-

deviceY=?

the measured oxygen concentration on a dry basis in the stack,-

For devices that feed normal combustion air, E will equal 21 percent. For

devices that feed oxygen-enriched air for combustion (that is, air with an

oxygen concentration exceeding 21 percent), the value of E will be the

concentration of oxygen in the enriched air.

3) Compliance with all emission standards provided by this Subpart H must be

based on correcting to seven percent oxygen using this procedure.

For the purposes of permit enforcement, compliance with the operating

requirements specified in the permit (under Section 726.202) will be regarded as

compliance with this Section. However, evidence that compliance with those

permit conditions is insufficient to ensure compliance with the requirements of

this Section is "information" justifying modification or revocation and re-

issuance of a permit under 35 Ill. Adm. Code 703.270 through 703.273.

General. The owner or operator must comply with the metals standards

provided by subsections (b), (c), (d), (e), or (f) of this Section for each

metal listed in subsection (b) of this Section that is present in the hazardous

waste at detectable levels using appropriate analytical methods.

BOARD NOTE: The federal regulations do not themselves define the phrase

"appropriate analytical methods," but USEPA did include a definition in its

preamble discussion accompanying the rule. The Board directs attention to the

following segment (at 70 Fed. Reg. 34538, 34541 (June 14, 2005)) for the

purposes of subsections (b)(1)(C) and (b)(1)(D) of this Section:

[T]wo primary considerations in selecting an appropriate method, which together

serve as our general definition of an appropriate method [are the following] . .

Appropriate methods are reliable and accepted as such in the scientific

community.

Appropriate methods generate effective data.

USEPA went on to further elaborate these two concepts and to specify other

documents that might provide guidance.

b)?

Tier I feed rate screening limits. Feed rate screening limits for metals

are specified in Appendix A to this Part as a function of terrain-adjusted

effective stack height (TESH) and terrain and land use in the vicinity of the

facility. Criteria for facilities that are not eligible to comply with the

screening limits are provided in subsection (b)(7) of this Section.

Noncarcinogenic metals. The feed rates of the noncarcinogenic metals in

all feed streams, including hazardous waste, fuels, and industrial furnace feed

stocks must not exceed the screening limits specified in Appendix A to this

Part.

The feed rate screening limits for antimony, barium, mercury, thallium,

and silver are based on either of the following:

An hourly rolling average, as defined in Sections 726.200(g) and

726.202(e)(6)(A)(ii); or

ii)

An instantaneous limit not to be exceeded at any time.

B)?

The feed rate screening limit for lead is based on one of the following:

An hourly rolling average, as defined in Sections 726.200(g) and

726.202 (e) (6) (A) (ii) ;

ii) An averaging period of 2 to 24 hours, as defined in Section

726.202(e)(6)(B) with an instantaneous feed rate limit not to exceed 10 times

the feed rate that would be allowed on an hourly rolling average basis; or

iii) An instantaneous limit not to be exceeded at any time.

2)?

Carcinogenic metals.

The feed rates of carcinogenic metals in all feed streams, including

hazardous waste, fuels, and industrial furnace feed stocks must not exceed

values derived from the screening limits specified in Appendix A to this Part.

The feed rate of each of these metals is limited to a level such that the sum of

the ratios of the actual feed rate to the feed rate screening limit specified in

Appendix A to this Part must not exceed 1.0, as provided by the following

equation:

Where:

Ai/Fi = the sum of the values of A/F for each metal "i," from i = 1 to nn—

nn=

number of carcinogenic mctalcAi metalsAi= the actual feed rate to the

device for metal "i"Fi =?

the feed rate screening limit provided by Appendix

A to this Part for metal "i"

The feed rate screening limits for the carcinogenic metals are based on

either:

i) An hourly rolling average; or

ii)

An averaging period of two to 24 hours, as defined in Section

726.202(e)(6)(B), with an instantaneous feed rate limit not to exceed 10 times

the feed rate that would be allowed on an hourly rolling average basis.

3)?

TESH

(terrain adjusted effective stack height).

A) The TESH

is determined according to the following equation:

TESH = H + P - T

Where:

= Actual physical stack height (m)--,-P =

Plume rise (in m) as determined

from Appendix F to this Part as a function of stack flow rate and stack gas

exhaust tcmperaturc

temperatureT= Terrain rise (in m) within five kilometers

of the stack

The stack height (H)

must not exceed good engineering practice stack

height, as defined in Section 726.200(i).

If the

TESH

calculated pursuant to subsection (b)(3)(A) of this Section is

not listed in Appendix A through Appendix C to this Part, the values for the

nearest lower

TESH

listed in the table must be used. If the TESH

is four meters

or less, a value based on four meters must be used.

4)?

Terrain type. The screening limits are a function of whether the facility

is located in noncomplex or complex terrain. A device located where any part of

the surrounding terrain within five kilometers of the stack equals or exceeds

the elevation of the physical stack height

(H) is considered to be in complex

terrain and the screening limits for complex terrain apply. Terrain

measurements are to be made from U.S. Geological Survey 7.5-minute topographic

maps of the area surrounding the facility.

5) Land use. The screening limits are a function of whether the facility is

located in an area where the land use is urban or rural. To determine whether

land use in the vicinity of the facility is urban or rural, procedures provided

in Appendix I or Appendix

to this Part must be used.

6)?

Multiple stacks. An owner or operator of a facility with more than one

on-site stack from a BIF, incinerator, or other thermal treatment unit subject

to controls of metals emissions under a RCRA permit or interim status controls

must comply with the screening limits for all such units assuming all hazardous

waste is fed into the device with the worst-case stack based on dispersion

characteristics. The stack with the lowest value of K is the worst-case stack.

K is determined from the following equation as applied to each stack:

K = H -?-x V -?-2c

Where:K

.K=

a parameter accounting for relative influence of stack height and plume

riccil riseH=

physical stack height (meters)V =

stack gas flow rate

(m3/sec (cubic meters per second) T = ?

exhaust temperature (degrees K)

Criteria for facilities not eligible for screening limits. If any

criteria below are met, the Tier I (and Tier II) screening limits do not apply.

Owners and operators of such facilities must comply with either the Tier III

standards provided by subsection (d) of this Section or with the adjusted Tier I

feed rate screening limits provided by subsection (e) of this Section.

The device is located in a narrow valley less than one kilometer wide;

The device has a stack taller than 20 meters and is located such that the

terrain rises to the physical height within one kilometer of the facility;

C) The device has a stack taller than 20 meters and is located within five

kilometers of a shoreline of a large body of water such as an ocean or large

lake; or

D) The physical stack height of any stack is less than 2.5 times the height

of any building within five building heights or five projected building widths

of the stack and the distance from the stack to the closest boundary is within

five building heights or five projected building widths of the associated

building.

8)?

Implementation. The feed rate of metals in each feedstream must be

monitored to ensure that the feed rate screening limits are not exceeded.

c)?

Tier II emission rate screening limits. Emission rate screening limits

are specified in Appendix A to this Part as a function of TESH and terrain and

land use in the vicinity of the facility. Criteria for facilities that are not

eligible to comply with the screening limits are provided in subsection (b)(7)

of this Section.

Noncarcinogenic metals. The emission rates of noncarcinogenic metals must

not exceed the screening limits specified in Appendix A to this Part.

Carcinogenic metals. The emission rates of carcinogenic metals must not

exceed values derived from the screening limits specified in Appendix A to this

Part. The emission rate of each of these metals is limited to a level such that

the sum of the ratios of the actual emission rate to the emission rate screening

limit specified in Appendix A to this Part must not exceed 1.0, as provided by

the following equation:

Where:

Ai/Ei = the sum of the values of A/E for each metal

metalsAi= the actual emission rate to the

device for metal "i n Ei =?

the emission rate screening limit provided by

Appendix A to this Part for metal lli,-"

Implementation. The emission rate limits must be implemented by limiting

feed rates of the individual metals to levels during the trial burn (for new

facilities or an interim status facility applying for a permit) or the

compliance test (for interim status facilities). The feed rate averaging

periods are the same as provided by subsections (b)(1)(A), (b)(1)(B), and

(b)(2)(B) of this Section. The feed rate of metals in each feedstream must be

monitored to ensure that the feed rate limits for the feedstreams specified

under Sections 726.202 or 726.203 are not exceeded.

Definitions and limitations. The definitions and limitations provided by

subsection (b) of this Section and 726.200(g) for the following terms also apply

to the Tier II emission rate screening limits provided by this subsection (c):

TESH, good engineering practice stack height, terrain type, land use, and

criteria for facilities not eligible to use the screening limits.

5) Multiple stacks.

An owner or operator of a facility with more than one on-site stack from a

BIF, incinerator, or other thermal treatment unit subject to controls on metals

emissions under a RCRA permit or interim status controls must comply with the

emissions screening limits for any such stacks assuming all hazardous waste is

fed into the device with the worst-case stack based on dispersion

characteristics.

The worst-case stack is determined by procedures provided in subsection

(b)(6) of this Section.

For each metal, the total emissions of the metal from those stacks must

not exceed the screening limit for the worst-case stack.

d)?

Tier III site-specific risk assessment. The requirements of this

subsection (d) apply to facilities complying with either the Tier III or

Adjusted Tier I except where specified otherwise.

General. Conformance with the Tier III metals controls must be

demonstrated by emissions testing to determine the emission rate for each metal.

In addition, conformance with either Tier III or Adjusted Tier I metals controls

must be demonstrated by air dispersion modeling to predict the maximum annual

average off-site ground level concentration for each metal and a demonstration

that acceptable ambient levels are not exceeded.

Acceptable ambient levels. Appendix D and Appendix E to this Part list

the acceptable ambient levels for purposes of this Subpart H. Reference air

concentrations (RACs) are listed for the noncarcinogenic metals and 1?x10-5 RSDs

are listed for the carcinogenic metals. The RSD for a metal is the acceptable

ambient level for that metal provided that only one of the four carcinogenic

metals is emitted. If more than one carcinogenic metal is emitted, the

acceptable ambient level for the carcinogenic metals is a fraction of the RSD,

as described in subsection (d)(3) of this Section.

Carcinogenic metals. For the carcinogenic metals the sum of the ratios of

the predicted maximum annual average off-site ground level concentrations

(except that on-site concentrations must be considered if a person resides on

site) to the RSD for all carcinogenic metals emitted must not exceed 1.0 as

determined by the following equation:

Where:

Pi/Ri= the sum of the values of P/R for each metal "i," from

i = 1

to nn

nn=

number of carcinogenic mctalcPi metalsPi= the predicted ambient

concentration for metal ini iRi= ?

the RSD for metal

Noncarcinogenic metals. For the noncarcinogenic metals, the predicted

maximum annual average off-site ground level concentration for each metal must

not exceed the RAC.

Multiple stacks. Owners and operators of facilities with more than one

on-site stack from a BIF, incinerator, or other thermal treatment unit subject

to controls on metals emissions under a RCRA permit or interim status controls

must conduct emissions testing (except that facilities complying with Adjusted

Tier I controls need not conduct emissions testing) and dispersion modeling to

demonstrate that the aggregate emissions from all such on-site stacks do not

result in an?

exceedance

of the acceptable ambient levels.

Implementation. Under Tier III, the metals controls must be implemented

by limiting feed rates of the individual metals to levels during the trial burn

(for new facilities or an interim status facility applying for a permit) or the

compliance test (for interim status facilities). The feed rate averaging

periods are the same as provided by subsections (b)(1)(A), (b)(1)(B), and

(b)(2)(B) of this Section. The feed rate of metals in each feedstream must be

monitored to ensure that the feed rate limits for the feedstreams specified

under Sections 726.202 or 726.203 are not exceeded.

Adjusted Tier I feed rate screening limits. The owner or operator may

adjust the feed rate screening limits provided by Appendix A to this Part to

account for site-specific dispersion modeling. Under this approach, the

adjusted feed rate screening limit for a metal is determined by back-calculating

from the acceptable ambient levels provided by Appendix D and Appendix E to this

Part using dispersion modeling to determine the maximum allowable emission rate.

This emission rate becomes the adjusted Tier I feed rate screening limit. The

feed rate screening limits for carcinogenic metals are implemented as prescribed

in subsection (b) (2) of this Section.

f) Alternative implementation approaches.

Pursuant to subsection (f)(2) of this Section the Agency must approve on a

case-by-case basis approaches to implement the Tier II or Tier III metals

emission limits provided by subsection (c) or (d) of this Section alternative to

monitoring the feed rate of metals in each feedstream.

The emission limits provided by subsection (d) of this Section must be

determined as follows:

A)?

For each noncarcinogenic metal, by back-calculating from the RAC provided

in Appendix D to this Part to determine the allowable emission rate for each

metal using the dilution factor for the maximum annual average ground level

concentration predicted by dispersion modeling in conformance with subsection

(h) of this Section; and

B)?

For each carcinogenic metal by the following methods:

By back-calculating from the RSD provided in Appendix E to this Part to

determine the allowable emission rate for each metal if that metal were the only

carcinogenic metal emitted using the dilution factor for the maximum annual

average ground level concentration predicted by dispersion modeling in

conformance with subsection (h) of this Section; and

ii)

If more than one carcinogenic metal is emitted, by selecting an emission

limit for each carcinogenic metal not to exceed the emission rate determined by

subsection (f)(2)(B)(i) of this Section, such that the sum for all carcinogenic

metals of the ratios of the selected emission limit to the emission rate

determined by that subsection does not exceed 1.0.

?Emission

testing.

General. Emission testing for metals must be conducted using Method 0060

(Determinations of Metals in Stack Emissions) in "Test Methods for Evaluating

Solid Waste, Physical/Chemical Methods," USEPA publication number EPA-530/SW-

846, incorporated by reference in 35 Ill. Adm. Code 720.111(a).

Hexavalent chromium. Emissions of chromium are assumed to be hexavalent

chromium unless the owner or operator conducts emissions testing to determine

hexavalent chromium emissions using procedures prescribed in Method 0061

(Determination of Hexavalent Chromium Emissions from Stationary Sources) in

"Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," USEPA

publication number EPA-530/SW-846, incorporated by reference in 35

Adm.

Code 720.111(a).

h)?

Dispersion modeling. Dispersion modeling required under this Section must

be conducted according to methods recommended in federal appendix W to 40 CFR 51

(Guideline on Air Quality Models), in section 5.0 (Hazardous Waste Combustion

Air Quality Screening Procedure) in appendix IX to 40 CFR 266 (Methods Manual

for Compliance with the BIF Regulations), or in "Screening Procedures for

Estimating the Air Quality Impact of Stationary Sources, Revised," USEPA

publication number EPA-454/R-92-019, each incorporated by reference in 35 Ill.

Adm. Code 720.111(b), to predict the maximum annual average off-site ground

level concentration. However, on-site concentrations must be considered when a

person resides on-site.

i)?

Enforcement. For the purposes of permit enforcement, compliance with the

operating requirements specified in the permit (under Section 726.202) will be

regarded as compliance with this Section. However, evidence that compliance

with those permit conditions is insufficient to ensure compliance with the

requirements of this Section is "information" justifying modification or

revocation and re-issuance of a permit under 35 Ill. Adm. Code 703.270 through

703.273.

(Source: Amended at 32 Ill. Reg.

, effective

Section 726.207?

Standards to Control HC1 and Chlorine Gas Emissions

General. The owner or operator must comply with the HC1 and chlorine gas

controls provided by subsection (b), (c), or (e) of this Section.

b) Screening limits.

Tier I feed rate screening limits. Feed rate screening limits are

specified for total chlorine in Appendix B to this Part as a function of TESH

and terrain and land use in the vicinity of the facility. The feed rate of

total chlorine and chloride, both organic and inorganic, in all feed streams,

including hazardous waste, fuels, and industrial furnace feed stocks must not

exceed the levels specified.

Tier II emission rate screening limits. Emission rate screening limits

for HC1 and chlorine gas are specified in Appendix C to this Part as a function

of TESH and terrain and land use in the vicinity of the facility. The stack

emission rates of HC1 and chlorine gas must not exceed the levels specified.

Definitions and limitations. The definitions and limitations provided by

Sections 726.200(i) and 726.206(b) for the following terms also apply to the

screening limits provided by this subsection: TESH, good engineering practice

stack height, terrain type, land use, and criteria for facilities not eligible

to use the screening limits.

Multiple stacks. Owners and operators of facilities with more than one

on-site stack from a BIF, incinerator or other thermal treatment unit subject to

controls on HC1 or chlorine gas emissions under a RCRA permit or interim status

controls must comply with the Tier I and Tier II screening limits for those

stacks assuming all hazardous waste is fed into the device with the worst-case

stack based on dispersion characteristics.

The worst-case stack is determined by procedures provided in Section

726.206(b) (6).

Under Tier I, the total feed rate of chlorine and chloride to all subject

devices must not exceed the screening limit for the worst-case stack.

Under Tier II, the total emissions of HC1 and chlorine gas from all

subject stacks must not exceed the screening limit for the worst-case stack.

c)?

Tier III site-specific risk assessments.

General. Conformance with the Tier III controls must be demonstrated by

emissions testing to determine the emission rate for HC1 and chlorine gas, air

dispersion modeling to predict the maximum annual average off-site ground level

concentration for each compound, and a demonstration that acceptable ambient

levels are not exceeded.

Acceptable ambient levels. Appendix D to this Part lists the RACs for HC1

(7 ig/m3) and chlorine gas (0.4 pg/m3).

Multiple stacks. Owners and operators of facilities with more than one

on-site stack from a BIF, incinerator, or other thermal treatment unit subject

to controls on HC1 or chlorine gas emissions under a RCRA permit or interim

status controls must conduct emissions testing and dispersion modeling to

demonstrate that the aggregate emissions from all such on-site stacks do not

result in an exeeedenee–exceedance of the acceptable ambient levels for HC1 and

chlorine gas.

Averaging periods. The HC1 and chlorine gas controls are implemented by

limiting the feed rate of total chlorine and chloride in all feedstreams,

including hazardous waste, fuels, and industrial furnace feed stocks. Under

Tier I, the feed rate of total chlorine and chloride is limited to the Tier I

Screening Limits. Under Tier II and Tier III, the feed rate of total chlorine

and chloride is limited to the feed rates during the trial burn (for new

facilities or an interim status facility applying for a permit) or the

compliance test (for interim status facilities). The feed rate limits are based

on either of the following:

An hourly rolling average, as defined in Sections 726.200(i) and

726.202(e)(6); or

An instantaneous basis not to be exceeded at any time.

Adjusted Tier I feed rate screening limits. The owner or operator may

adjust the feed rate screening limit provided by Appendix B to this Part to

account for site-specific dispersion modeling. Under this approach, the

adjusted feed rate screening limit is determined by back-calculating from the

acceptable ambient level for chlorine gas provided by Appendix D to this Part

using dispersion modeling to determine the maximum allowable emission rate.

This emission rate becomes the adjusted Tier I feed rate screening limit.

Emissions testing. Emissions testing for HC1 and chlorine gas (C12) must

be conducted using the procedures described in Method 0050 or 0051, in "Test

Methods for Evaluating Solid Waste, Physical/Chemical Methods," USEPA

publication number EPA-530/SW-846, incorporated by reference in 35 Ill. Adm.

Code 720.111(a).

Dispersion modeling. Dispersion modeling must be conducted according to

the provisions of Section 726.206(h).

Enforcement. For the purposes of permit enforcement, compliance with the

operating requirements specified in the permit (under Section 726.202) will be

regarded as compliance with this Section. However, evidence that compliance

with those permit conditions is insufficient to ensure compliance with the

requirements of this Section is "information" justifying modification or

revocation and re-issuance of a permit under 35 Ill. Adm. Code 703.270 through

Waiver of DRE standard. The DRE standard of Section 726.204(a) does not

apply if the BIF is operated in conformance with subsection (a)(1) of this

Section, and the owner or operator demonstrates by procedures prescribed in

subsection (a)(2) of this Section, that the burning will not result in

unacceptable adverse health effects.

1)?

The device must be operated as follows:

A)?

A minimum of 50 percent of fuel fired to the device must be fossil fuel,

fuels derived from fossil fuel, tall oil, or, if approved by the Agency on a

case-by-case basis, other nonhazardous fuel with combustion characteristics

comparable to fossil fuel. Such fuels are termed "primary fuel" for purposes of

this Section. (Tall oil is a fuel derived from vegetable and rosin fatty

acids.) The 50 percent primary fuel firing rate must be determined on a total

heat or mass input basis, whichever results in the greater mass feed rate of

primary fuel fired;

t)*

Primary fuels and hazardous waste fuels must have a minimum as-fired

heating value of 8,000 Btu/lb;

The hazardous waste is fired directly into the primary fuel flame zone of

the combustion chamber; and

The device operates in conformance with the CO controls provided by

Section 726.204(b) (1). Devices subject to the exemption provided by this

Section are not eligible for the alternative CO controls provided by Section

726.204(c).

2)?

Procedures to demonstrate that the hazardous waste burning will not pose

unacceptable adverse public health effects are as follows:

A)?

Identify and quantify those nonmetal compounds listed in Appendix H to 35

Ill. Adm. Code 721, that could reasonably be expected to be present in the

hazardous waste. The constituents excluded from analysis must be identified and

the basis for their exclusion explained;

B)?

Calculate reasonable, worst case emission rates for each constituent

identified in subsection (a)(2)(A) of this Section, by assuming the device

achieves 99.9 percent destruction and removal efficiency. That is, assume that

0.1 percent of the mass weight of each constituent fed to the device is emitted.

C) For each constituent identified in subsection (a)(2)(A) of this Section,

use emissions dispersion modeling to predict the maximum annual average ground

level concentration of the constituent.

Dispersion modeling must be conducted using methods specified in Section

726.206(h).

ii)

An owner or operator of a facility with more than one on-site stack from a

BIF that is exempt under this Section must conduct dispersion modeling of

emissions from all stacks exempt under this Section to predict ambient levels

prescribed by this subsection (a)(2).

D)?

Ground level concentrations of constituents predicted under subsection

(a)(2)(C) of this Section, must not exceed the following levels:

For the noncarcinogenic compounds listed in Appendix D, the levels

established in Appendix D;

ii)

For the carcinogenic compounds listed in Appendix E:

Where:

S (Ai/Li) m anc =the sum of the values of X for each carcinogen i, from i = 1 to

la-n–mea-ne–nn-the number of carcinogenic compoundc;Ai -

ActualcompoundsAi=actual ground level concentration of carcinogen "i–"Li =

Level established in Appendix E for carcinogen "i"; and_

iii)

For constituents not listed in Appendix D or E, 0.1 lig/m

, .

b)?

Waiver of particular particulate matter standard. The PM standard of

Section 726.205 does not apply if the following occur:

Urban ar aoNoncomplcx Tcrrain

Rural ar aeComplcx Tcrrain

sTESH (m)Chlorinc Cas (g/hr)HC1 (g/hr)Chlorinc Cas (g/hr)HC1

(g/hr)Chlorinc gas (g/hr)HC1 (g/hr)

182.1100.12.730.19.330.691.1600.48.830.28.490.8100.1800.5

• e •

eet

.62.1100.50.1000.12130.2300.77.1300.72.1300.141

0.120.2000.110.1800.10190.3300.140.2500.120.2000.20210.3700.180.3100.130.2300.22

-ee

e e

:ee?

-see

00?

t --ft

3000.20350.6000.470.8100.190.3400.30390.6900.580.10000.210.3700.35530.9200.960.1

ee?

:eee?

-ee

• -see •

:e?

ft?

000?

-00 - Set -

100._0 -00?

*eee

ft?

eee

ete ttt?

'tea .

et?

000e •

-gee?

ee?

•eee?

1-00=1-8-0-8-0-752500.15000.8600.150000.1200.20000.802900.50000.10000.180000.1300.230

200.74000.17000.300000.1800.32000.1004800.84000.21000.360000.2000.35000.1057-

92000.24000.430000.2300.39000.1106200.110000.29000.510000.2500.4'

(Source: Amended at 32 Ill. Rog.

, effective

)Scction 726.Appcndix D APPENDIX D Reference Air

tee

1) The DRE standard is waived under subsection (a) of this Section; and

2) The owner or operator complies with the Tier I, or adjusted Tier I, metals

feed rate screening limits provided by Section 726.206(b) or (e).

(Source: Amended at 32 Ill. Reg. ?

--, effective

Section 726.Appcndix C Ticr II Emission Rate gcrecning Limits for Free Chlorine

and Hydrogen Chloride

Concentrations

BOARD NOTE: The RAC for other Appendix H to 35 Ill. Adm. Code 721 constituents

not listed below or in Appendix E is 0.1 lagiaa/m3.

ConstituentCAS No.RAC (=ag34a/m3)Acetaldehyde75-07-010Acetonitrile75-05-

810Acetophenone98-86-2100Acrolein107-02-820Aldicarb116-06-31Aluminum

Phosphide20859-73-80.3Ally1 Alcohol107-18-65Antimony7440-36-00.3Barium7440-39-

350Barium Cyanide542-62-150Bromomethane74-83-90.8Calcium Cyanide592-01-830Carbon

Disulfide75-15-0200Chlora175-87-62Chlorine (free)0.42-Chloro-1,3-butadiene126-

99-83Chromium III16065-83-11000Copper Cyanide544-92-35Cresols1319-77-

350Cumene98-82-81Cyanide (free)57-12-1520Cyanogen460-19-530Cyanogen Bromide506-

68-380Di-n-butyl Phthalate84-74-2100o-Dichlorobenzene95-50-110p-

Dichlorobenzene106-46-710Dichlorodifluoromethane75-71-82002,4-Dichloropheno1120-

83-23Diethyl Phthalate84-66-2800Dimethoate60-51-50.82,4-Dinitropheno151-28-

52Dinoseb88-85-70.9Diphenylamine122-39-420Endosulfan115-29-10.05Endrin72-20-

80.3Fluorine7782-41-450Formic Acid64-18-62000Glycidylaldehyde765-34-

40.3Hexachlorocyclopentadiene77-47-45Hexachlorophene70-30-40.3Hydrocyanic

Acid74-90-820Hydrogen Chloride7647-01-17Hydrogen Sulfide7783-06-43Isobutyl

Alcohol78-83-1300Lead7439-92-10.09Maleic Anhydride108-31-6100Mercury7439-97-

60.3Methacrylonitrile126-98-70.1Methomy116752-77-520Methoxychlor72-43-550Methyl

Chlorocarbonate79-22-11000Methyl Ethyl Ketone78-93-380Methyl Parathion298-00-

00.3Nickel Cyanide557-19-720Nitric Oxide10102-43-9100Nitrobenzene98-95-

30.8Pentachlorobenzene608-93-50.8Pentachloropheno187-86-530Pheno1108-95-230M-

Phenylenediamine108-45-25Phenylmercuric Acetate62-38-40.075Phosphine7803-51-

20.3Phthalic Anhydride85-44-92000Potassium Cyanide151-50-850Potassium Silver

Cyanide506-61-6200Pyridine110-86-11Selenious Acid7783-60-83Selenourea630-10-

11,

45Silver7440-22-43Silver Cyanide506-64-9100Sodium Cyanide143-33-930Strychnine57-

24-90.31,2,4,5-Tetrachlorobenzene95-94-30.32,3,4,6-Tetrachloropheno158-90-

230Tetraethyl Lead78-00-20.0001Tetrahydrofuran109-99-910Thallic Oxide1314-32-

50.3Thallium7440-28-00.5Thallium (I) Acetate563-68-80.5Thallium (I) Carbonate

6533-73-90.3Thallium (I) Chloride7791-12-00.3Thallium (I) Nitrate10102-45-

10.5Thallium Selenite12039-52-00.5Thallium (I) Sulfate7446-18-60.075Thiram137-

26-85Toluene108-88-33001,2,4-Trichlorobenzene120-82-

120Trichloromonofluoromethane75-69-

„ 43002,4,5-

Trichloropheno195-95-4100Vanadium Pentoxide1314-62-120Warfarin81-81-

20.3Xylenes1330-20-780Zinc Cyanide557-21-150Zinc Phosphide1314-84-70.3

BOARD NOTE: These are risk specific doses (RSDs) based on a risk of 1 in 10,000-

(1'10 5)

(1?10-5) .

ConstituentCAS No.Unit risk (cu m31-mg]4a)RSD (mgq/m3)Acrylamide79-06-

10.00130.007710.0013 0.0077Acrylonitrile107-13 10.0000680.1510.000068

0 15Aldrin309-00-20.00490.002020.0049 0.0020Aniline62-53 30.00000741.430.0000074

1 4Arsenic7440-38 20.00430.002320 0043 0.0023Benz(a)anthracene56-55-

30.000890.01130 00089 0 011Benzene71 43 20.00000831.220.0000083 1 2Benzidine92-

87 50.0070.0001550.067 0.00015Benzo(a)pyrene50-32 80.00330.003080 0033

0 0030Beryllium7440-41-70

00240 00

270 0024 0 0042Bis(2-chloroethyl)ether111-44-

10.000330.03040 00033 0 030Bis(chloromethyl)ether542-88 10.0620.0001610.062

0.00016Bis(2-ethylhexyl)-phthalate117-81-70.0000002442.1,370.0000002442.1.3-

Butadiene106-99-00.000280.03600.00028 0. 036Cadmium7440-43

00180 005690.0018

0 0056Carbon Tetrachloride56-23 50.0000150.6750.000015 0. 67Chlordane57-74-

90.000370.02790.00037 0.027Chloroform67-66 30.0000.4330.000023

0.43Chloromethane74 87 30.00000362.030 0000036 2.8Chromium V17440-47-

30.0120.0008330.012 0.00083DDT50-29 30.0000970.1030.000097

0.10Dibenz(a,h)anthracene53 70-30.0140.000711,230.014 0.000711,2-Dibromo-3-

12 00.00630.00161,2chloro- propane96-12-80.0063 0.00161,2-

Dibromoethane106-93-

e eee

e e?

40.00022 0 0451,1-Dichloroethane75-34-

30.0000260.381,230.000026 0.381,2 Dichloroethane107-06 20.0000260.381,120 000026

0.381,1-Dichloroethylene75-35 10.0000500.201,340.00005 0 201,3-

Dichloropropene542-75 60.350.00002960.35 0. 000029Dieldrin60-57-

10.00460.002210.0046 0.0022Diethylstilbestro156-53-10 140 00007110.14

0.000071Dimethylnitrosamine62-75-90 01 4

0 000717,490 014 0 000712,

-Dinitrotoluene121-14-20.0000880.111,220 000088 0.111,2-Diphenylhydrazine122-66-

70.000220.0170.00022 0.0451,4-Dioxane123-91 10

00000147 110.0000014

7_lEpichlorohydrin106 89 80.00000120.380 0000012 8 3Ethylene Oxide75-21-

80.000100.1080 00010 0 10Ethylene Dibromide106-93

4 0 000270 04540 00022

0 045Formaldehyde50 00 00.0000100.7700.000013 0 77Heptachlor76-44-

80.00130.007780.0013 0.0077Heptachlor Epoxide1024 57 30.00260.003830.0026

0.0038Hexachlorobenzene118 74 10.000190.02011cxachl r butadionc87 GO

30.0000200.5010.00049 0.020Hexaclorobutadiene87-68-30.000020 0.50Alpha-

hexachlorocyclohexane319-84-64,-0-0-1-86-60.0018 0.0056Beta-

hexachlorocyclohexane319-85-70.000530.01970.00053 0.019Gamma-

hexachlorocyclohexane58-89 90.000380.02690 00038 0.026Hexachlorocyclohexane,

Technical0.000510.0200.00051 0.020Hexach1orodibenzo-p-dioxin

(1,2 Mixture)1.30.00000771 3 0 0000077Hexachloroethane67-72-

10.00000402.510.0000040 2.5Hydrazine302 01 20.00290.003420 0029 0 0034Hydrazine

Sulfate302-01

e.ee

•.e.te !.

20.0029 0.00343-Methylcholanthrene56-49-

50.00270.003750.0027 0 0037Methyl Hydrazine60-34 40.000310.03240 00031

0.032Methylene Chloride75-09-20.00000112.44,420.0000041 2.44,4'-Methylene-bis-2-

- •

chloroaniline101-14 40.0000470.2140 000047 0 21Nicke17440-02-

00.000240.04200.00024 0.042Nickel Refinery Dust7440-02 00.000240.04200 00024

0.042Nickel Subsulfide12035-72 20 000480.021220 00048 0 0212-Nitropropane79-46-

90.0270.0003790.027 0 00037N-Nitroso-n-butylamine924-16 30.00160.006330.0016

0.0063N-Nitroso-n-methylurea684-93 50.0860.0001250 086 0 00012N-

Nitrosodiethylamine55-18 50.0430.0002350 043 0 00023N-Nitrosopyrrolidine930-55-

20.000610.01620.00061 0.016Pentachloronitrobenzene82-68 80.0000730.1480.000073

0 14PCBs1336-36 30.00120.000330.0012 0. 0083Pronamide23950-58-

50.00000462.250.0000046 2.2Reserpine50-55

6,?

Tctrachlorodibcnzo50.0030 0.00332,3,28-Tetrachloro-dibenzo-p-dioxin1746-01-

G45.0.000000221, 1,2,2645. 0.000000221,1,2,2-Tetrachloroethane79-34-

-50.0000500.1750 000058 0 17Tetrachloroethylene127 18 '10.0000004021 40.00000048.

21.Thiourea62-56 CO.000550.0181,1,260.00055 0.0181,1,2-Trichloroethane79-00-

50.0000160.6350.000016 0. 63Trichloroethylene79-01 60.00000137.72,4,660.0000013

7.72,4,6-Trichlorophenol88-06 20.00000571.820 0000057 1 8Toxaphene8001-35-

20.000320.03120.00032 0.031Viny1 Chloride75-01 40.00000711.440 0000071 1.4

(Source: Amended

JCAR350726-0805605r01at

32 Ill. Reg.

--, effective ?

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

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