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(continued)
(D) Submit a revised certification of compliance under subsection (c)(4) of this section.
(d) Periodic Recertifications. The owner or operator shall conduct compliance testing and submit to the Director a recertification of compliance under provisions of subsection (c) of this section within three 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 shall comply with the requirements of subsection (c)(8) of this section.
(e) 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 shall terminate on the date that the deadline is missed, closure activities shall begin under subsection (l) of this section, and hazardous waste burning may not resume except under an operating permit issued under section 66270.66 of chapter 20. For purposes of compliance with the closure provisions of subsection (l) of this section and sections 66265.112(d)(2) and 66265.113 of chapter 15 the boiler or industrial furnace has received "the known final volume of hazardous waste" on the date that the deadline is missed.
(f) 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) shall not be fed into the device during start-up and shut-down of the boiler or industrial furnace, unless the device is operating within the conditions of operation specified in the certification of compliance.
(g) 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 boiler or industrial furnace shall 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 ((E)-(M)) of this section deviate from those established in the certification of compliance. In addition:
(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 shall 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:
(A) If compliance with the combustion chamber temperature limit is based on a 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 shall continue to be monitored during the cutoff, and the hazardous waste feed shall not be restarted until the levels of those parameters comply with the limits established in the certification of compliance.
(h) Fugitive emissions. Fugitive emissions shall be controlled by:
(1) Keeping the combustion zone totally sealed against fugitive emissions; or
(2) Maintaining the combustion zone pressure lower than atmospheric pressure; or
(3) An alternate means of control that the owner or operator can demonstrate provide fugitive emissions control equivalent to maintenance of combustion zone pressure lower than atmospheric pressure. Support for such demonstration shall be included in the operating record.
(i) Changes. A boiler or industrial furnace shall cease burning hazardous waste when changes in combustion properties, or feed rates of the hazardous waste, other fuels, or industrial furnace feedstocks, or changes in the boiler or industrial furnace design or operating conditions deviate from the limits specified in the certification of compliance.
(j) Monitoring and Inspections. (1) The owner or operator shall 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 chloride and chlorine as necessary to ensure conformance with the certification of precompliance or certification of compliance;
(B) Carbon monoxide (CO), oxygen, and if applicable, hydrocarbons (HC), on a continuous basis at a common point in the boiler or industrial furnace downstream of the combustion zone and prior to release of stack gases to the atmosphere in accordance with the operating limits specified in the certification of compliance. CO, HC, and oxygen monitors shall be installed, operated, and maintained in accordance with methods specified in appendix IX of this chapter.
(C) Upon the request of the Director, sampling and analysis of the hazardous waste (and other fuels and industrial furnace feed stocks as appropriate) and the stack gas emissions shall be conducted to verify that the operating conditions established in the certification of precompliance or certification of compliance achieve the applicable standards of sections 66266.104, 66266.105, 66266.106, and 66266.107.
(2) The boiler or industrial furnace and associated equipment (pumps, valves, pipes, fuel storage tanks, etc.) shall be subjected to thorough visual inspection when they contain hazardous waste, at least daily for leaks, spills, fugitive emissions, and signs of tampering.
(3) The automatic hazardous waste feed cutoff system and associated alarms shall be tested at least once every 7 days when hazardous waste is burned to verify operability, unless the 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 shall be included in the operating record. At a minimum, operational testing shall be conducted at least once every 30 days.
(4) These monitoring and inspection data shall be recorded and the records shall be placed in the operating log.
(k) Recordkeeping. The owner or operator shall keep in the operating record of the facility all information and data required by this section until closure of the boiler or industrial furnace unit.
(l) Closure. At closure, the owner or operator shall remove all hazardous waste residues (including, but not limited to, ash, scrubber waters,
and scrubber sludges) from the boiler or industrial furnace and shall comply with sections 66265.111-66265.115 of chapter 15 of this division.

Note: Authority cited: Sections 25150, 25159, 25159.5, 25245, 58004 and 58012, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 266.103.





s 66266.104. Standards to Control Organic Emissions.
(a) DRE standard-(1) General. Except as provided in subsection (a)(3) of this section, a boiler or industrial furnace burning hazardous waste shall achieve a destruction and removal efficiency (DRE) of 99.99% for all organic hazardous constituents in the waste feed. To demonstrate conformance with this requirement, 99.99% DRE shall be demonstrated during a trial burn for each principal organic hazardous constituent (POHC) designated (under subsection (a)(2) of this section) in its permit for each waste feed. DRE is determined for each POHC from the following equation:

Wouts
DRE = 1 - -------- X100
Win

where:
W in = Mass feed rate of one principal organic hazardous constituent (POHC) in the hazardous waste fired to the boiler or industrial furnace; and
W out = Mass emission rate of the same POHC present in stack gas prior to release to the atmosphere.
(2) Designation of POHCs. Principal organic hazardous constituents (POHCs) are those compounds for which compliance with the DRE requirements of this section shall be demonstrated in a trial burn in conformance with procedures prescribed in section 66270.66 of chapter 20 of this division. One or more POHCs shall be designated by the Director for each waste feed to be burned. POHCs shall be designated based on the degree of difficulty of destruction of the organic constituents in the waste and on their concentrations or mass in the waste feed considering the results of waste analyses submitted with part B of the permit application. POHCs are most likely to be selected from among those compounds listed in appendix VIII of chapter 11 of this division that are also present in the normal waste feed. However, if the applicant demonstrates to the Department's satisfaction that a compound not listed in appendix VIII or not present in the normal waste feed is a suitable indicator of compliance with the DRE requirements of this section, that compound may be designated as a POHC. Such POHCs need not be toxic or organic compounds
(3) Dioxin-listed waste. A boiler or industrial furnace burning hazardous waste containing (or derived from) US EPA Hazardous Wastes Nos. F020, F021, F022, F023, F026, or F027 shall achieve a destruction and removal efficiency (DRE) of 99.9999% for each POHC designated (under subsection (a)(2) of this section) in its permit. This performance shall be demonstrated on POHCs that are more difficult to burn than tetra-, penta-, and hexachlorodibenzo-p-dioxins and dibenzofurans. DRE is determined for each POHC from the equation in subsection (a)(1) of this section. In addition, the owner or operator of the boiler or industrial furnace shall notify the Director of intent to burn US EPA Hazardous Waste Nos. F020, F021, F022, F023, F026, or F027.
(4) Automatic waiver of DRE trial burn. Owners and operators of boilers operated under the special operating requirements provided by section 66266.110 are considered to be in compliance with the DRE standard of subsection (a)(1) of this section and are exempt from the DRE trial burn.
(5) Low risk waste. Owners and operators of boilers or industrial furnaces that burn hazardous waste in compliance with the requirements of section 66266.109(a) are considered to be in compliance with the DRE standard of subsection (a)(1) of this section and are exempt from the DRE trial burn.
(b) Carbon monoxide standard. (1) Except as provided in subsection (c) of this section, the stack gas concentration of carbon monoxide (CO) from a boiler or industrial furnace burning hazardous waste cannot exceed 100 ppmv on an hourly rolling average basis (i.e., over any 60 minute period), continuously corrected to 7 percent oxygen, dry gas basis.
(2) CO and oxygen shall be continuously monitored in conformance with "Performance Specifications for Continuous Emission Monitoring of Carbon Monoxide and Oxygen for Incinerators, Boilers, and Industrial Furnaces Burning Hazardous Waste" in appendix IX of this chapter.
(3) Compliance with the 100 ppmv CO limit shall be demonstrated during the trial burn (for new facilities or an interim status facility applying for a permit) or the compliance test (for interim status facilities). To demonstrate compliance, the highest hourly rolling average CO level during any valid run of the trial burn or compliance test shall not exceed 100 ppmv.
(c) Alternative carbon monoxide standard. (1) The stack gas concentration of carbon monoxide (CO) from a boiler or industrial furnace burning hazardous waste may exceed the 100 ppmv limit provided that stack gas concentrations of hydrocarbons (HC) do not exceed 20 ppmv, except as provided by subsection (f) of this section for certain industrial furnaces.
(2) HC limits shall be established under this section on an hourly rolling average basis (i.e., over any 60 minute period), reported as propane, and continuously corrected to 7 percent oxygen, dry gas basis.
(3) HC shall be continuously monitored in conformance with "Performance Specifications for Continuous Emission Monitoring of Hydrocarbons for Incinerators, Boilers, and Industrial Furnaces Burning Hazardous Waste" in appendix IX of this chapter. CO and oxygen shall be continuously monitored in conformance with subsection (b)(2) of this section.
(4) The alternative CO standard is established based on CO data during the trial burn (for a new facility) and the compliance test (for an interim status facility). The alternative CO standard is the average over all valid runs of the highest hourly average CO level for each run. The CO limit is implemented on an hourly rolling average basis, and continuously corrected to 7 percent oxygen, dry gas basis.
(d) Special requirements for furnaces. Owners and operators of industrial furnaces (e.g., kilns, cupolas) that feed hazardous waste for a purpose other than solely as an ingredient (see section 66266.103(a)(5)(B)) at any location other than the end where products are normally discharged and where fuels are normally fired shall comply with the hydrocarbon limits provided by subsections (c) or (f) of this section irrespective of whether stack gas CO concentrations meet the 100 ppmv limit of subsection (b) of this section.
(e) Controls for dioxins and furans. Owners and operators of boilers and industrial furnaces that are equipped with a dry particulate matter control device that operates within the temperature range of 450-750 [FNo] F, and industrial furnaces operating under an alternative hydrocarbon limit established under subsection (f) of this section shall conduct a site-specific risk assessment as follows to demonstrate that emissions of chlorinated dibenzo-p-dioxins and dibenzofurans do not result in an increased lifetime cancer risk to the hypothetical maximum exposed individual (MEI) exceeding 1 in 100,000:
(1) During the trial burn (for new facilities or an interim status facility applying for a permit) or compliance test (for interim status facilities), determine emission rates of the tetra-octa congeners of chlorinated dibenzo-p-dioxins and dibenzofurans (CDDs/CDFs) using Method 0023A, Sampling Method for Polychlorinated Dibenzo-p-Dioxins and Polychlorinated Dibenzofurans Emissions from Stationary Sources, found in U.S. EPA Publication SW-846, as incorporated by reference in Section 66260.11 of this Division.
(2) Estimate the 2,3,7,8-TCDD toxicity equivalence of the tetra-octa CDDs/CDFs congeners using "Procedures for Estimating the Toxicity Equivalence of Chlorinated Dibenzo-p-Dioxin and Dibenzofuran Congeners" in appendix IX of this chapter. Multiply the emission rates of CDD/CDF congeners with a toxicity equivalence greater than zero (see the procedure) by the calculated toxicity equivalence factor to estimate the equivalent emission rate of 2,3,7,8-TCDD;
(3) Conduct dispersion modeling using methods recommended in appendix W of part 51 of 40 CFR ( "Guideline on Air Quality Models (Revised)" (1986) and its supplements), the "Hazardous Waste Combustion Air Quality Screening Procedure", provided in appendix IX of this chapter, or in Screening Procedures for Estimating the Air Quality Impact of Stationary Sources, Revised (incorporated by reference in section 66260.11) to predict the maximum annual average off-site ground level concentration of 2,3,7,8-TCDD equivalents determined under subsection (e)(2) of this section. The maximum annual average concentration shall be used when a person resides on-site; and
(4) The ratio of the predicted maximum annual average ground level concentration of 2,3,7,8-TCDD equivalents to the risk-specific dose for 2,3,7,8-TCDD provided in appendix V of this chapter (2.2 X 10 [FN-7]) shall not exceed 1.0.
(f) Monitoring CO and HC in the by-pass duct of a cement kiln. Cement kilns may comply with the carbon monoxide and hydrocarbon limits provided by subsections (b), (c), and (d) of this section by monitoring in the by-pass duct provided that:
(1) Hazardous waste is fired only into the kiln and not at any location downstream from the kiln exit relative to the direction of gas flow; and
(2) The by-pass duct diverts a minimum of 10% of kiln off-gas into the duct.
(g) Use of emissions test data to demonstrate compliance and establish operating limits. Compliance with the requirements of this section shall be demonstrated simultaneously by emissions testing or during separate runs under identical operating conditions. Further, data to demonstrate compliance with the CO and HC limits of this section or to establish alternative CO or HC limits under this section shall be obtained during the time that DRE testing, and where applicable, CDD/CDF testing under subsection (e) of this section and comprehensive organic emissions testing under subsection (f) is conducted.
(h) Enforcement. For the purposes of permit enforcement, compliance with the operating requirements specified in the permit (under section 66266.102) 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 may be "information" justifying modification or revocation and re-issuance of a permit under section 66270.41 of chapter 20 of this division.

Note: Authority cited: Sections 25150, 25159, 25159.5, 25245, 58004 and 58012, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 266.104.





s 66266.105. Standards to Control Particulate Matter.
(a) A boiler or industrial furnace burning hazardous waste may not emit particulate matter in excess of 180 milligrams per dry standard cubic meter (0.08 grains per dry standard cubic foot) after correction to a stack gas concentration of 7% oxygen, using procedures prescribed in 40 CFR part 60, appendix A, methods 1 through 5, and appendix IX of this chapter.
(b) An owner or operator meeting the requirements of section 66266.109(b) for the low risk waste is exempt from the particulate matter standard.
(c) For the purposes of permit enforcement, compliance with the operating requirements specified in the permit (under section 66266.102) 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 may be "information" justifying modification or revocation and re-issuance of a permit under section 66270.41 of chapter 20 of this division.

Note: Authority cited: Sections 25150, 25159, 25159.5, 25245, 58004 and 58012, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 266.105.





s 66266.106. Standards to Control Metals Emissions.
(a) General. The owner or operator shall 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 analytical procedures specified in Test Methods for Evaluating Solid Waste, Physical/Chemical Methods (SW-846), incorporated by reference in section 66260.11 of chapter 10 of this division.
(b) Tier I feed rate screening limits. Feed rate screening limits for metals are specified in appendix I of this chapter as a function of terrain-adjusted effective stack height 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.
(1) Noncarcinogenic metals. The feed rates of antimony, barium, lead, mercury, thallium, and silver in all feed streams, including hazardous waste, fuels, and industrial furnace feed stocks shall not exceed the screening limits specified in appendix I of this chapter.
(A) The feed rate screening limits for antimony, barium, mercury, thallium, and silver are based on either:
1. An hourly rolling average as defined in section 66266.102(e)(6)(A)2.; or
2. 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:
1. An hourly rolling average as defined in section 66266.102(e)(6)(A)2.;
2. An averaging period of 2 to 24 hours as defined in section 66266.102(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
3. An instantaneous limit not to be exceeded at any time.
(2) Carcinogenic metals. (A) The feed rates of arsenic, cadmium, beryllium, and chromium in all feed streams, including hazardous waste, fuels, and industrial furnace feed stocks shall not exceed values derived from the screening limits specified in appendix I of this chapter. 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 I shall not exceed 1.0, as provided by the following equation:
where:
n=number of carcinogenic metals
AFR=actual feed rate to the device for metal "i"
FRSL=feed rate screening limit provided by appendix I of this chapter for metal "i".
(B) The feed rate screening limits for the carcinogenic metals are based on either:
1. An hourly rolling average; or
2. An averaging period of 2 to 24 hours as defined in section 66266.102(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.
(A) The terrain-adjusted effective stack height is determined according to the following equation:
TESH=Ha+H1-Tr
where:
Ha=Actual physical stack height.
H1=Plume rise as determined from appendix VI of this chapter as a function of stack flow rate and stack gas exhaust temperature.
Tr=Terrain rise within five kilometers of the stack.
(B) The stack height (Ha) may not exceed good engineering practice as specified in 40 CFR 51.100(ii).
(C) If the TESH for a particular facility is not listed in the table in the appendices, the nearest lower TESH listed in the table shall be used. If the TESH is four meters or less, a value of four meters shall 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 5 kilometers of the stack equals or exceeds the elevation of the physical stack height (Ha) 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 appendices IX or X of this chapter shall be used.
(6) Multiple stacks. Owners and operators of facilities with more than one on-site stack from a boiler, industrial furnace, incinerator, or other thermal treatment unit subject to controls of metals emissions under a hazardous waste facility permit or interim status controls shall 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 worst-case stack is determined from the following equation as applied to each stack:
K=HVT
Where:
K = a parameter accounting for relative influence of stack height and plume rise;
H = physical stack height (meters);
V = stack gas flow rate (m [FN3] /second); and
T = exhaust temperature ( [FNo] K).
The stack with the lowest value of K is the worst-case stack.
(7) 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 shall 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.
(A) The device is located in a narrow valley less than one kilometer wide;
(B) 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 shoreline of a large body of water such as an ocean or a large lake;
(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; or
(E) The Director determines that standards based on site-specific dispersion modeling are required.
(8) Implementation. The feed rate of metals in each feedstream shall 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 I as a function of terrain-adjusted effective stack height 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.
(1) Noncarcinogenic metals. The emission rates of antimony, barium, lead, mercury, thallium, and silver shall not exceed the screening limits specified in appendix I of this chapter.
(2) Carcinogenic metals. The emission rates of arsenic, cadmium, beryllium, and chromium shall not exceed values derived from the screening limits specified in appendix I of this chapter. 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 I shall not exceed 1.0, as provided by the following equation:
where:
n=number of carcinogenic metals
AER=actual emission rate for metal "i"
ERSL=emission rate screening limit provided by appendix I of this chapter for metal "i".
(3) Implementation. The emission rate limits shall 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) and (B) and (b)(2)(B) of this section. The feed rate of metals in each feedstream shall be monitored to ensure that the feed rate limits for the feedstreams specified under sections 66266.102 or 66266.103 are not exceeded.
(4) Definitions and limitations. The definitions and limitations provided by subsection (b) of this section for the following terms also apply to the Tier II emission rate screening limits provided by subsection (c) of this section: terrain-adjusted effective stack height, good engineering practice stack height, terrain type, land use, and criteria for facilities not eligible to use the screening limits.
(5) Multiple stacks.
(A) Owners and operators of facilities with more than one onsite stack from a boiler, industrial furnace, incinerator, or other thermal treatment unit subject to controls on metals emissions under a hazardous waste facility permit or interim status controls shall 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.
(B) The worst-case stack is determined by procedures provided in subsection (b)(6) of this section.
(C) For each metal, the total emissions of the metal from those stacks shall not exceed the screening limit for the worst-case stack.
(d) Tier III and Adjusted Tier I site-specific risk assessment. The requirements of this subsection apply to facilities complying with either the Tier III or Adjusted Tier I controls except where specified otherwise.
(1) General. Conformance with the Tier III metals controls shall be demonstrated by emissions testing to determine the emission rate for each metal. In addition, conformance with either the Tier III or Adjusted Tier I metals controls shall be demonstrated by air dispersion modeling to predict the maximum annual average off-site ground level concentration for each 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.
(2) Acceptable ambient levels. Appendices IV and V of this chapter list the acceptable ambient levels for purposes of this rule. Reference air concentrations (RACs) are listed for the noncarcinogenic metals and 10 [FN-5] risk-specific doses (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.
(3) Carcinogenic metals. For the carcinogenic metals, arsenic, cadmium, beryllium, and chromium, the sum of the ratios of the predicted maximum annual average off-site ground level concentrations (except that on-site concentrations shall be considered if a person resides on site) to the risk-specific dose (RSD) for all carcinogenic metals emitted shall not exceed 1.0 as determined by the following equation:
where: n=number of carcinogenic metals
(4) Noncarcinogenic metals. For the noncarcinogenic metals, the predicted maximum annual average off-site ground level concentration for each metal shall not exceed the reference air concentration (RAC).
(5) Multiple stacks. Owners and operators of facilities with more than one on-site stack from a boiler, industrial furnace, incinerator, or other thermal treatment unit subject to controls on metals emissions under a hazardous waste facility permit or interim status controls shall 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.
(6) Implementation. Under Tier III, the metals controls shall 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) and (B) and (b)(2)(B) of this section. The feed rate of metals in each feedstream shall be monitored to ensure that the feed rate limits for the feedstreams specified under sections 66266.102 or 66266.103 are not exceeded.
(e) Adjusted Tier I feed rate screening limits. The owner or operator may adjust the feed rate screening limits provided by appendix I of this chapter 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 appendices IV and V of this chapter 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. (1) The Director may approve on a case-by-case basis approaches to implement the Tier II or Tier III metals emission limits provided by subsections (c) or (d) of this section alternative to monitoring the feed rate of metals in each feedstream.
(2) The emission limits provided by subsection (d) of this section shall be determined as follows:
(A) For each noncarcinogenic metal, by back-calculating from the RAC provided in appendix IV of this chapter 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:
1. Back-calculating from the RSD provided in appendix V of this chapter 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
2. If more than one carcinogenic metal is emitted, selecting an emission limit for each carcinogenic metal not to exceed the emission rate determined by subsection (f)(2)(B)1. 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.
(g) Emission testing-(1) General. Emission testing for metals shall be conducted using Method 0060, Determinations of Metals in Stack Emissions, U.S. EPA Publication SW-846, third edition and Updates, as incorporated by reference in Section 66260.11 of this Division.
(2) 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, U.S. EPA Publication SW-846, Third Edition and Updates, as incorporated by reference in Section 66260.11 of this Division.
(h) Dispersion modeling. Dispersion modeling required under this section shall be conducted according to methods recommended in appendix W of part 51 of 40 CFR ( "Guideline on Air Quality Models (revised)" (1986) and its supplements), the "Hazardous Waste Combustion Air Quality Screening Procedure", provided in appendix IX of this chapter, or in Screening Procedures for Estimating Air Quality Impact of Stationary Sources, Revised (incorporated by reference in section 66260.11) to predict the maximum annual average off-site ground level concentration. However, on-site concentrations shall 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 66266.102) 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 may be "information" justifying modification or revocation and re-issuance of a permit under section 66270.41 of this division.

Note: Authority cited: Sections 25150, 25159, 25159.5, 25245, 58004 and 58012, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 266.106.






s 66266.107. Standards to Control Hydrogen Chloride (HCl) and Chlorine Gas (Cl 2) Emissions.
(a) General. The owner or operator shall comply with the hydrogen chloride (HCl) and chlorine (Cl 2) controls provided by subsection (b), (c), or (e) of this section.
(b) Screening limits-(1) Tier I feed rate screening limits. Feed rate screening limits are specified for total chlorine in appendix II of this chapter as a function of terrain-adjusted effective stack height 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 shall not exceed the levels specified.
(2) Tier II emission rate screening limits. Emission rate screening limits for HCl and Cl 2 are specified in appendix III of this chapter as a function of terrain-adjusted effective stack height and terrain and land use in the vicinity of the facility. The stack emission rates of HCl and Cl 2 shall not exceed the levels specified.
(3) Definitions and limitations. The definitions and limitations provided by section 66266.106(b) for the following terms also apply to the screening limits provided by this subsection: terrain-adjusted effective stack height, good engineering practice stack height, terrain type, land use, and criteria for facilities not eligible to use the screening limits.
(4) Multiple stacks. Owners and operators of facilities with more than one on-site stack from a boiler, industrial furnace, incinerator, or other thermal treatment unit subject to controls on HCl or Cl 2 emissions under a hazardous waste facility permit or interim status controls shall 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.
(A) The worst-case stack is determined by procedures provided in section 66266.106(b)(6).
(B) Under Tier I, the total feed rate of chlorine and chloride to all subject devices shall not exceed the screening limit for the worst-case stack.
(C) Under Tier II, the total emissions of HCl and Cl 2 from all subject stacks shall not exceed the screening limit for the worst-case stack.
(c) Tier III site-specific risk assessments-(1) General. Conformance with the Tier III controls shall be demonstrated by emissions testing to determine the emission rate for HCl and Cl 2 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.
(2) Acceptable ambient levels. Appendix IV of this chapter lists the reference air concentrations (RACs) for HCl (7 micrograms per cubic meter) and Cl 2 (0.4 micrograms per cubic meter).
(3) Multiple stacks. Owners and operators of facilities with more than one on-site stack from a boiler, industrial furnace, incinerator, or other thermal treatment unit subject to controls on HCl or Cl 2 emissions under a hazardous waste facility permit or interim status controls shall 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 for HCl and Cl 2.
(d) Averaging periods. The HCl and Cl 2 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 chloride and chlorine is limited to the Tier I Screening Limits. Under Tier II and Tier III, the feed rate of total chloride and chlorine 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:
(1) An hourly rolling average as defined in section 66266.102(e)(6); or
(2) An instantaneous basis not to be exceeded at any time.
(e) Adjusted Tier I feed rate screening limits. The owner or operator may adjust the feed rate screening limit provided by appendix II of this chapter 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 Cl 2 provided by appendix IV of this chapter using dispersion modeling to determine the maximum allowable emission rate. This emission rate becomes the adjusted Tier I feed rate screening limit.
(f) Emissions testing. Emissions testing for HCl and Cl 2 shall be conducted using the procedures described in Methods 0050 or 0051, U.S. EPA Publication SW-846, Third Edition and Updates, as incorporated by reference in Section 66260.11 of this Division.
(g) Dispersion modeling. Dispersion modeling shall be conducted according to the provisions of section 66266.106(h).
(h) Enforcement. For the purposes of permit enforcement, compliance with the operating requirements specified in the permit (under section 66266.102) 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 may be "information" justifying modification or revocation and re-issuance of a permit under section 66270.41 of this division.

Note: Authority cited: Sections 25150, 25159, 25159.5, 25245, 58004 and 58012, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 266.107.





s 66266.108. Small Quantity On-Site Burner Exemption.
(a) Exempt quantities. Owners and operators of facilities that burn hazardous waste in an on-site boiler or industrial furnace areexempt from the requirements of this article provided that:
(1) The quantity of hazardous waste burned in a device for a calendar month does not exceed the limits provided in the following table based on the terrain-adjusted effective stack height as defined in section 66266.106(b)(3):
Exempt Quantities for Small Quantity Burner Exemption

TABULAR OR GRAPHIC MATERIAL SET AT THIS POINT IS NOT DISPLAYABLE
Terrain-adjusted Allowable Terrain-adjusted Allowable
hazardous hazardous
waste
effective stack height waste burning effective stack height burning rate
rate
of device (meters) (gallons/mon- of devices (meters) (gallons/month)
th)
0 to 3.9 0 40.0 to 44.9 210
4.0 to 5.9 13 45.0 to 49.9 260
6.0 to 7.9 18 50.0 to 54.9 330
8.0 to 9.9 27 55.0 to 59.9 400
10.0 to 11.9 40 60.0 to 64.9 490
12.0 to 13.9 48 65.0 to 69.9 610
14.0 to 15.9 59 70.0 to 74.9 680
16.0 to 17.9 69 75.0 to 79.9 760
18.0 to 19.9 76 80.0 to 84.9 850
20.0 to 21.9 84 85.0 to 89.9 960
22.0 to 23.9 93 90.0 to 94.9 1,100
24.0 to 25.9 100 95.0 to 99.9 1,200
26.0 to 27.9 110 100.0 to 104.9 1,300
28.0 to 29.9 130 105.0 to 109.9 1,500
30.0 to 34.9 140 110.0 to 114.9 1,700
35.0 to 39.9 170 115.0 or greater 1,900


(2) The maximum hazardous waste firing rate does not exceed at any time 1 percent of the total fuel requirements for the device (hazardous waste plus other fuel) on a total heat input or mass input basis, whichever results in the lower mass feed rate of hazardous waste.
(3) The hazardous waste has a minimum heating value of 5,000 Btu/lb, as generated; and
(4) The hazardous waste fuel does not contain (and is not derived from) US EPA Hazardous Waste Nos. F020, F021, F022, F023, F026, or F027.
(b) Mixing with nonhazardous fuels. If hazardous waste fuel is mixed with a nonhazardous fuel, the quantity of hazardous waste before such mixing is used to comply with subsection (a).
(c) Multiple Stacks. If an owner or operator burns hazardous waste in more than one on-site boiler or industrial furnace exempt under this section, the quantity limits provided by subsection (a)(1) of this section are implemented according to the following equation:
where:
n means the number of stacks;
Actual Quantity Burned means the waste quantity burned per month in device "i";
Allowable Quantity Burned means the maximum allowable exempt quantity for stack "i" from the table in (a)(1) above.
(d) Notification requirements. The owner or operator of facilities qualifying for the small quantity burner exemption under this section shall provide a one-time signed, written notice to the Department indicating the following:
(1) The combustion unit is operating as a small quantity burner of hazardous waste;
(2) The owner and operator are in compliance with the requirements of this section; and
(3) The maximum quantity of hazardous waste that the facility may burn per month as provided by section 66266.108(a)(1).
(e) Recordkeeping requirements. The owner or operator shall maintain at the facility for at least three years sufficient records documenting compliance with the hazardous waste quantity, firing rate, and heating value limits of this section. At a minimum, these records shall indicate the quantity of hazardous waste and other fuel burned in each unit per calendar month, and the heating value of the hazardous waste.

Note: Authority cited: Sections 25150, 25159, 25159.5, 25245, 58004 and 58012, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 266.108.





s 66266.109. Low Risk Waste Exemption.
(a) Waiver of DRE standard. The DRE standard of section 66266.104(a) does not apply if the boiler or industrial furnace is operated in conformance with (a)(1) of this section and the owner or operator demonstrates by procedures prescribed in (a)(2) of this section that the burning will not result in unacceptable adverse health effects.
(1) The device shall be operated as follows:
(A) A minimum of 50 percent of fuel fired to the device shall be fossil fuel, fuels derived from fossil fuel, tall oil, or, if approved by the Director 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 shall be determined on a total heat or mass input basis, whichever results in the greater mass feed rate of primary fuel fired;
(B) Primary fuels and hazardous waste fuels shall have a minimum as-fired heating value of 8,000 Btu/lb;
(C) The hazardous waste is fired directly into the primary fuel flame zone of the combustion chamber; and
(D) The device operates in conformance with the carbon monoxide controls provided by section 66266.104(b)(1). Devices subject to the exemption provided by this section are not eligible for the alternative carbon monoxide controls provided by section 66266.104(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 VIII of chapter 11 of this division that could reasonably be expected to be present in the hazardous waste. The constituents excluded from analysis shall 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.
1. Dispersion modeling shall be conducted using methods specified in section 66266.106(h).
2. Owners and operators of facilities with more than one on-site stack from a boiler or industrial furnace that is exempt under this section shall conduct dispersion modeling of emissions from all stacks exempt under this section to predict ambient levels prescribed by this subsection.
(D) Ground level concentrations of constituents predicted under subsection (a)(2)(C) of this section shall not exceed the following levels:
1. For the noncarcinogenic compounds listed in appendix IV of this chapter, the levels established in appendix IV;
2. For the carcinogenic compounds listed in appendix V of this chapter, the sum for all constituents of the ratios of the actual ground level concentration to the level established in appendix V cannot exceed 1.0; and
3. For constituents not listed in appendix IV or V, 0.1 micrograms per cubic meter.
(b) Waiver of particulate matter standard. The particulate matter standard of section 66266.105 does not apply if:
(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 66266.106 (b) or (e).

Note: Authority cited: Sections 25150, 25159, 25159.5, 25245, 58004 and 58012, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 266.109.





s 66266.110. Waiver of DRE Trial Burn for Boilers.
Boilers that operate under the special requirements of this section, and that do not burn hazardous waste containing, (or derived from) US EPA Hazardous Waste Nos. F020, F021, F022, F023, F026, or F027, are considered to be in conformance with the DRE standard of section 66266.104(a), and a trial burn to demonstrate DRE is waived. When burning hazardous waste:
(a) A minimum of 50 percent of fuel fired to the device shall be fossil fuel, fuels derived from fossil fuel, tall oil, or, if approved by the Director on a case-by-case basis, other nonhazardous fuel with combustion characteristics comparable to fossil fuel. Suchfuels 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 shall be determined on a total heat or mass input basis, whichever results in the greater mass feed rate of primary fuel fired: (continued)