CISWI and solid-waste-identification rules

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1 CISWI and solid-waste-identification rules This regulatory summary is for informational purposes and serves only as a general reference. Refer to the regulation when evaluating its applicability to specific units. CISWI The new CISWI rules*, which replace the existing rule promulgated in 2000 and revised in 2005, now include previously excluded energy-recovery units. New CISWI units are those on which construction began after May 20, 2011, or reconstruction or modification began after September 21, These units are subject to emission and operating limits, performance testing and other requirements under 40 CFR 60 Subpart CCCC. Existing CISWI units on which construction began on or before June 4, 2010, are to be covered under state plans developed to implement the emission guidelines in 40 CFR Subpart DDDD. CISWI units that were regulated as new units under the 2000 rules will continue to be subject to the NSPS rule, including the emission limits (attached) in Table 1 of Subpart CCCC, until the compliance date for the existing sources in Subpart DDDD, after which they will be considered existing sources subject to emission guidelines in Subpart DDDD per state plans. *Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Commercial and Industrial Solid Waste Incineration Units; Final Rule 40 CFR Part 60 Subparts CCCC and DDDD Federal Register, March 21, 2011, Volume 76, No. 54, pp **Identification of Non-Hazardous Secondary Materials that are Solid Waste; Final Rule 40 CFR Part 241 Subparts A and B Federal Register, March 21, 2011, Volume 76, No. 54, pp key information important dates proposed rule: June 4, 2010 final rule: March 21, 2011 initial compliance new and existing CISWI notifications per the general provisions at 60.7 initial compliance new CISWI under 40 CFR 60 Subpart CCCC performance testing within 60 days of reaching full capacity, or no later than 180 days after the effective date (following lifting of the stay) existing CISWI under 40 CFR Subpart DDDD must comply by date indicated in approved state plans but not later than three years after the effective date of state-plan approval Note that on May 16, 2011, the U.S. EPA stayed the effective date of the CISWI rule in 40 CFR Part 60 Subparts CCCC and DDDD pending reconsideration or judicial review of the rules, whichever is earlier. The agency did not stay the effective date of the waste rule in 40 CFR Part 241. solid-waste identification The waste rule in 40 CFR Part 241** is applicable to any facility that combusts materials other than traditional fuels (such as coal, oil, natural gas, clean cellulosic biomass, and used oil meeting the specifications of 40 CFR ). Other types of fuel, such as biomass and BARR

2 j:\factshts\env_mgmt\specific\ciswi.indd recovered nonhazardous solvent, must be evaluated under this rule to determine if they are considered nonhazardous secondary materials when used as fuel or ingredients in combustion units. In the absence of such a determination, industrial units combusting non-hazardous solid wastes, including energy recovery units such as boilers, will be subject to the New Source Performance Standards (NSPS) that apply to new and existing commercial and solid-waste incinerators (CISWI) units. definition of alternative fuels The current solid-waste identification rule (40 CFR 241) defines materials that are traditional fuels and provides requirements that other materials must meet in order to be considered non-wastes when combusted. These requirements vary depending on whether nonhazardous secondary material has been discarded initially or managed within the control of the generator. For potential fuels, the nonhazardous secondary material must generally satisfy three legitimacy criteria: 1. Is the material managed as a valuable commodity? 2. Does the material have a meaningful heating value and be used as fuel in a combustion unit when recovers energy? 3. Does the material contain contaminants at levels comparable to or lower than traditional fuels which the combustion unit it designed to burn? There are also legitimacy criteria for nonhazardous secondary materials used as ingredients in combustion (e.g., cement kiln dust, foundry sand). exemptions The rule in 40 CFR 241 identifies traditional fuels and clean cellulosic biomass as fuels that are not secondary materials or solid wastes unless discarded. Therefore, units combusting these materials exclusively should not be subject to the CISWI rules (see also Key Definitions). The rule also provides a process for other nonhazardous secondary materials to not be considered solid wastes, allowing them to be combusted without being subject to CISWI rules. The CISWI rule has some exemptions for medical- and pathological-waste incinerators and certain other types of units and combustion processes; refer to and of the rule for additional details and qualifiers for these exemptions. emission and associated monitoring, testing, and operating limits Emission limits for all existing CISWI are detailed in Table 1. Table 2 provides the emission limits for all new and reconstructed or modified CISWI. The tables also provide summaries of the associated monitoring, performance testing, and operating limits for these units. Emission standards apply at all times during s of startup, shutdown, and malfunction. An affirmative defense is available if emission limits are exceeded during a malfunction if actions meet the requirements in 40 CFR and work-practice standards New and existing CISWI are subject to the following work practice/management standards. Annual inspection of any air pollution equipment used to meet an emission limit under CISWI rules Operation by a fully trained and qualified CISWI operation Development of required operating procedures per and for additional information, contact: Ann Arbor Kim Alfonsi, CHMM kalfonsi@barr.com Minneapolis Rich Hardegger, PE, QEP rhardegger@barr.com resourceful. naturally. Barr Engineering Co BARR

3 key definitions under CISWI Commercial and industrial solid waste incineration (CISWI) unit means any distinct operating unit of any commercial or industrial facility that combusts, or has combusted in the preceding six months, any solid waste as defined in 40 CFR part 241. If the operating unit burns materials other than traditional fuels as defined in that have been dis-carded, and you do not keep and produce records as required by (u), the material is considered a solid waste and the operating unit a CISWI unit. While not all CISWI units include all the following components, a CISWI unit includes, but is not limited to, the solid-waste feed system, grate system, flue-gas system, waste-heat recovery equipment (if any), and bottom-ash system. CISWI units do not include air-pollution control equipment or stacks. Unit boundaries start at the solidwaste hopper (if applicable) and extend through two areas: the combustion unit flue-gas system, which ends immediately after the last combustion chamber or any waste-heat recovery equipment; and the combustion unit bottom-ash system, which ends at the truck-loading station or similar equipment that transfers the ash to final disposal. CISWI units include all ash-handling systems connected to the bottom-ash handling system. Energy recovery unit means a combustion unit combusting solid waste (as that term is defined by the administrator under RCRA in 40 CFR 240) for energy recovery. Energy recovery units include units that would be considered boilers and process heaters if they did not combust solid waste. Energy recovery unit designed to burn biomass means a unit that burns solid waste and at least 10% biomass but less than 10% coal on an annual average heat-input basis, either alone or in combination with liquid waste, liquid fuel, or gaseous fuels. Energy recovery unit designed to burn coal means a unit that burns solid waste and at least 10% coal on an annual average heat-input basis, either alone or in combination with liquid waste, liquid fuel, or gaseous fuels. Energy recovery unit designed to burn liquid waste material and gas means a unit that burns a liquid waste with liquid or gaseous fuels not combined with any solid fuel or waste materials. Energy recovery unit designed to burn solid materials includes units designed to burn coal and units designed to burn biomass. key definitions under the solid-waste identification rule Clean cellulosic biomass means those residuals that are akin to traditional cellulosic biomass such as forestderived biomass (e.g., green wood, forest thinnings, clean and unadulterated bark, sawdust, trim, and treeharvesting residuals from logging and sawmill materials); corn stover and other biomass crops used specifically for energy production (e.g., energy cane, other fastgrowing grasses); bagasse and other crop residues (e.g., peanut shells); wood collected from forest-fire clearance activities; trees and clean wood found in disaster debris; clean biomass from land-clearing operations; and clean construction and demolition wood. These fuels are not considered secondary materials or solid wastes unless discarded. Clean biomass is biomass that does not contain contaminants at concentrations not normally associated with virgin biomass materials. Contaminants means any constituent in non-hazardous secondary materials that will result in emissions of the air pollutants identified in Clean Air Act section 112(b) or the nine pollutants listed under Clean Air Act section 129(a) (4)), when such materials are burned as a fuel or used as an ingredient, including constituents that could generate products of incomplete combustion. Secondary material means any material that is not the primary product of a manufacturing or commercial process, and can include post-consumer material, off-specification commercial chemical products or manufacturing chemical intermediates, post-industrial material, and scrap. Traditional fuels means materials that are produced as fuels and are unused products that have not been discarded and therefore are not solid wastes, including (1) fuels that have been historically managed as valuable fuel products rather than as waste materials, including fossil fuels (e.g., coal, oil, and natural gas), their derivatives (e.g., petroleum coke, bituminous coke, coal tar oil, refinery gas, synthetic fuel, heavy recycle, asphalts, blast-furnace gas, recovered gaseous butane, and cokeoven gas), and cellulosic biomass (virgin wood); and (2) alternative fuels developed from virgin materials that can now be used as fuel products, including used oil, which meets the specifications outlined in 40 CFR ; currently mined coal refuse that previously had not been usable as coal; and clean cellulosic biomass. These fuels are not considered secondary materials or solid wastes unless discarded.

4 TABLE 1 Final 40 CFR 60 Subpart DDDD Emission Limits and Associated Monitoring, Testing and Operating Limits for EXISTING Commercial and Industrial Solid Waste Incinerators (construction begun on or before June 4, 2010) Emissions [1] Incinerators (2000 CISWI Rule) [2] Incinerators (apply after date in state plan or March 21, 2016) Energy Recovery Units (Apply after May 20, 2011) Biomass Coal Liquid/Gas Waste-Burning Kilns (apply after May 20, 2011) Small, Remote Incinerators (apply after May 20, 2011) HCl (ppmvd) NOx (ppmvd) SO 2 (ppmvd) CO (ppmvd) PM Filterable (mg/dscm) Hg (mg/dscm) Pb (mg/dscm) Cd (mg/dscm) Dioxins/ Furans Total TEQ Opacity (%) 10 No Limit No Limit No Limit No Limit No Limit No Limit Fugitive Ash Visible emissions for no more than 5% of the hourly Visible emissions for no more than 5% of the hourly Visible emissions for no more than 5% of the hourly Visible emissions for no more than 5% of the hourly No Limit Visible emissions for no more than 5% of the hourly

5 Work Practice Standards Operating Limits[3] Monitoring [4] Performance Testing [5] Annual inspections of scrubbers, fabric filters and other air pollution control devices used to meet emission limits ( (k)) Unit cannot be operated unless a fully trained and qualified CISWI unit operator is accessible, either at the facility or can be at the facility within 1 hour. The trained and qualified CISWI operator may operate the unit directly or be the direct supervisor of one or more plant personnel who operate the unit. Operating training course must be completed within 6 months of CISWI unit start-up. ( ) Development of required operating procedures per Operation outside of established limits is a deviation: Wet Scrubber Maintain operating load at or below maximum charge rate (110% of performance test) and maintain minimum pressure drop or minimum amperage of the fan, minimum scrubber liquid flow rate (from performance test) and minimum scrubber liquor ph (from performance test) at or above lowest 1-hour averages established during most recent performance test, Fabric Filter Operate bag leak detection system with alarm that does not sound more than 5% of operating time during each 6-month. Electrostatic Precipitator (ESP) Maintain total secondary voltage and amperage at or above lowest 1-hour average established during performance test. Carbon Injection (ACI) Maintain sorbent flow rate at or above lowest 1-hour average established during performance test. Selective Non-Catalytic Reduction (SNCR) Maintain charge rate at or below charge rate (lowest 1-hour average) and secondary chamber temperature and reagent flow rate at or above lowest 1-hour average. If not using wet scrubber, ESP or fabric filter and not using PM CEMS, must maintain opacity to 10% (1-hour block average) All other controls Establish specific operating limits through petition process with USEPA. Use three-hour block average values to determine compliance unless otherwise noted. Burn only same type of waste used to establish operating limits. If using CEMS, some operating limits may not be required to be monitored depending upon pollutant. See for details. Units using CO CEMS show compliance using 30-day rolling average of 1-hour arithmetic average emission calculations Units using NOx, SO 2 or other pollutant CEMS (other than CO) show compliance using 30-day rolling average calculated using Equation EPA Reference Method 19 at 40 CFR part 60, appendix A-7. Waste burning kilns must use HCl CEMS if not equipped with acid scrubber and must use Hg CEMS All energy recovery units 100 mmbtu/hr must install either CO or O2 CEMS. All energy recovery units 250 mmbtu/hr and kilns must install PM CEMS. All energy recovery units 10 mmbtu/hr subject to opacity limits must install COMS. [Barr: unclear why ERUs require COMS but have no opacity limits] Energy recovery units not using wet scrubbers, fabric filters or PM CEMS must install COMS Units may alternatively opt for dioxin/furan or mercury continuous automated sampling system instead of annual testing For units with bypass stacks, install device for measuring use of bypass stack including date, time and duration Performance tests to be performed within 180 days of final compliance date. For units which commence combusting solid waste at an existing CISWI, do not need to retest until 6 months from the date of reintroducing that solid waste if previous performance test was conducted combusting that waste with the preceding 6 months. Otherwise, retest within 60 days of commencing or recommencing solid waste combustion. Testing must consist of a minimum of 3 test runs representative of normal operations. For opacity, use three 1-hour blocks consisting of ten 6-minute average opacity values unless required to install COMS. Testing frequency is annually (within 11 to 13 months of prior test). If the stack tests are less than 75% of emission limit (or visible emissions less than 2% of the time during each of three 1-hour s of ash handling) and there are no process changes, the stack testing can be reduced to once every three years (but no more than 37 months after the last performance test.) Annual performance tests for specific pollutant are not required if using CEMS or COMS for compliance Must conduct initial performance evaluation of continuous monitoring system and continuous parameter monitoring system within 60 days of installation. May conduct performance tests at any time to develop new operating limits Repeat performance tests within 60 days of a process change as defined in Submit performance test and RATA within 60 days per and Use EPA s Electronic Reporting Tool after December 31, [1] Per Tables 2 and 6-9 of Subpart DDDD. Emission limits (except opacity) measured at 7% oxygen, dry basis at standard conditions. ppmvd = part per million by volume on a dry basis at 7% oxygen. ng/dscm = nanograms per dry standard cubic meter of Toxic Equivalents corrected to 7% oxygen. [2] Incinerators that commenced construction after November 30, 1999 but no later than June 4, 2010, or that commenced reconstruction/modification on or after June 1, 2001 but no later than September 21, 2011, must meet the more stringent emission limit for each pollutant between the 2000 CISWI rule and the new rules that apply after the state plan or March 21, [3] See operating limit information in , , [4] See monitoring information in and [5] See performance test information in to , to and Table 2 and 6 9 of Subpart DDDD

6 TABLE 2 Final 40 CFR 60 Subpart CCCC Emission Limits and Associated Monitoring, Testing, and Operating Limits for NEW Commercial and Industrial Solid Waste Incinerators (construction begun after June 4, 2010, or reconstruction or modification after Sept. 21, 2011) Emissions [1] Incinerators Energy Recovery Units Biomass Coal Liquid/Gas Waste-Burning Kilns Small, Remote Incinerators HCl (ppmvd) NOx (ppmvd) SO 2 (ppmvd) CO (ppmvd) PM Filterable (mg/dscm) Hg (mg/dscm) Pb (mg/dscm) Cd (mg/dscm) Dioxins/ Furans Total TEQ Opacity (%) No Limit No Limit No Limit No Limit No Limit No Limit Fugitive Ash Visible emissions for no more than 5% of the hourly observa-tion Visible emissions for no more than 5% of the hourly Visible emissions for no more than 5% of the hourly Visible emissions for no more than 5% of the hourly No Limit Visible emissions for no more than 5% of the hourly

7 Work Practice Annual inspections of scrubbers, fabric filters and other air pollution control devices used to meet emission limits ( (k)) Standards Unit cannot be operated unless a fully trained and qualified CISWI unit operator is accessible, either at the facility or can be at the facility within 1 hour. The trained and qualified CISWI operator may operate the unit directly or be the direct supervisor of one or more plant personnel who operate the unit. Operating training course must be completed within 6 months of CISWI unit start-up. ( ) Development of required operating procedures per Operating Operation outside of established limits is a deviation: Limits[2] Wet Scrubber Maintain operating load at or below maximum charge rate (110% of performance test) and maintain minimum pressure drop or minimum amperage of the fan, minimum scrubber liquid flow rate (from performance test) and minimum scrubber liquor ph (from performance test) at or above lowest 1-hour averages established during most recent performance test Fabric Filter Operate bag leak detection system such that alarm does not sound more than 5% of operating time during each 6-month Electrostatic Precipitator (ESP) Maintain total secondary voltage and amperage at or above lowest 1-hour average established during performance test. Carbon Injection (ACI) Maintain sorbent flow rate at or above lowest 1-hour average established during performance test. Selective Non-Catalytic Reduction Maintain charge rate at or below charge rate (lowest 1-hour average) and secondary chamber temperature and reagent flow rate at or above lowest 1-hour average. If not using wet scrubber, ESP or fabric filter and not using PM CEMS, must maintain opacity to 10% (1-hour block average). All other controls Establish specific operating limits through petition process with USEPA. Use three-hour block average values to determine compliance unless otherwise noted. Burn only same type of waste used to establish operating limits. If using CEMS, some operating limits may not be required to be monitored depending upon pollutant. See for details. Monitoring [3] Must use CO CEMS to show compliance using 30-day rolling average of 1-hour arithmetic average emission calculations. Units using NOx, SO 2 or other pollutant CEMS (other than CO) show compliance using 30-day rolling average calculated using Equation EPA Reference Method 19 at 40 CFR part 60, appendix A-7. Waste burning kilns must use HCl CEMS if not equipped with acid scrubber and must use Hg, NOx, SO 2, CO and PM CEMS. All energy recovery units 250 mmbtu/hr and kilns must install PM CEMS. All energy recovery units 10 mmbtu/hr subject to opacity limits must install COMS. [Barr: Unclear why ERUs require COMS but have no opacity limits] Energy recovery units 10 mmbtu/hr not using wet scrubbers, fabric filters or PM CEMS must install COMS. Units may alternatively opt for dioxin/furan or mercury continuous automated sampling system instead of annual testing. For units with bypass stacks, install device for measuring use of bypass stack including date, time and duration. Performance Performance tests to be performed within 60 days after CISWI unit reaches operating charge rate but no later than 180 days of initial startup Testing [4] For units which commence combusting solid waste at an existing CISWI, do not need to retest until 6 months from the date of reintroducing that solid waste if previous performance test was conducted combusting that waste with the preceding 6 months. Otherwise, retest within 60 days of commencing or recommencing solid waste combustion. Testing must consist of a minimum of 3 test runs representative of normal operations. For opacity, use three 1-hour blocks consisting of ten 6-minute average opacity values unless required to install COMS. Testing frequency is annually (within 11 to 13 months of prior test). If the stack tests are less than 75% of emission limit (or visible emissions less than 2% of the time during each of three 1-hour s of ash handling) and there are no process changes, the stack testing can be reduced to once every three years (but no more than 37 months after the last performance test.) Annual performance tests for specific pollutants are not required if using CEMS or COMS for compliance Must conduct initial performance evaluation of continuous monitoring system and continuous parameter monitoring system within 60 days of installation. May conduct performance tests at any time to develop new operating limits Repeat performance tests within 60 days of a process change as defined in Submit performance test and RATA within 60 days per and Use EPA s Electronic Reporting Tool after January 1, [1] Per Tables 5 8 of Subpart CCCC. Emission limits (except opacity) measured at 7% oxygen, dry basis at standard conditions. ppmvd = part per million by volume on a dry basis at 7% oxygen. ng/dscm = nanograms per dry standard cubic meter of Toxic Equivalents corrected to 7% oxygen. [2] See operating limit information in , , [3] See monitoring information in and [4] See performance test information in to , to and Tables 1 and 5-8 of Subpart CCCC [5] Barr: Numbers in total and TEQ appear to be reversed in Federal Register; may be addressed in reconsideration

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