R315-266-109. Hazardous Waste Burned in Boilers and Industrial Furnaces -- Low Risk Waste Exemption

  (a) Waiver of DRE standard. The DRE standard of Subsection R315-266-104(a) does not apply if the boiler or industrial furnace is operated in conformance with Subsection R315-266-109(a)(1) and the owner or operator demonstrates by procedures prescribed in Subsection R315-266-109(a)(2) that the burning will not result in unacceptable adverse health effects.

  (1) The device shall be operated as follows:

  (i) 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 Section R315-266-109. 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;

  (ii) Primary fuels and hazardous waste fuels shall have a minimum as-fired heating value of 8,000 Btu/lb;

  (iii) The hazardous waste is fired directly into the primary fuel flame zone of the combustion chamber; and

  (iv) The device operates in conformance with the carbon monoxide controls provided by Subsection R315-266-104(b)(1). Devices subject to the exemption provided by Section R315-266-109 are not eligible for the alternative carbon monoxide controls provided by Subsection R315-266-104(c).

  (2) Procedures to demonstrate that the hazardous waste burning will not pose unacceptable adverse public health effects are as follows:

  (i) Identify and quantify those nonmetal compounds listed in appendix VIII, Rule R315-261 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;

  (ii) Calculate reasonable, worst case emission rates for each constituent identified in Subsection R315-266-109(a)(2)(i) 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.

  (iii) For each constituent identified in Subsection R315-266-109(a)(2)(i), use emissions dispersion modeling to predict the maximum annual average ground level concentration of the constituent.

  (A) Dispersion modeling shall be conducted using methods specified in Subsection R315-266-106(h).

  (B) Owners and operators of facilities with more than one on-site stack from a boiler or industrial furnace that is exempt under Section R315-266-109 shall conduct dispersion modeling of emissions from all stacks exempt under Section R315-266-109 to predict ambient levels prescribed by Subsection R315-266-109(a).

  (iv) Ground level concentrations of constituents predicted under Subsection R315-266-109(a)(2)(iii) shall not exceed the following levels:

  (A) For the noncarcinogenic compounds listed in appendix IV of Rule R315-266, the levels established in appendix IV;

  (B) For the carcinogenic compounds listed in appendix V of Rule R315-266, 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

  (C) 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 R315-266-105 does not apply if:

  (1) The DRE standard is waived under Subsection R315-266-109(a); and

  (2) The owner or operator complies with the Tier I or adjusted Tier I metals feed rate screening limits provided by Subsections R315-266-106(b) or (e).