Section 726.209  Low Risk Waste Exemption

a)         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), and the owner or operator demonstrates by procedures prescribed in subsection (a)(2), 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;

B)        Primary fuels and hazardous waste fuels must 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 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 of 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), 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), use emissions dispersion modeling to predict the maximum annual average ground level concentration of the constituent.

i)          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), must not exceed the following levels:

i)          For the noncarcinogenic compounds listed in Appendix D, the levels established in Appendix D.

ii)         For the carcinogenic compounds listed in Appendix E:

Where:

iii)        For constituents not listed in Appendix D or E, 0.1 μg/m³.

b)         Waiver of Particulate Matter Standard.  The PM standard of Section 726.205 does not apply if the following occur:

1)         The DRE standard is waived under subsection (a); 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 42 Ill. Reg. 23023, effective November 19, 2018)