Summary of the Final Solid Waste Definition and Boiler Rules 2011



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Summary of the Final Solid Waste Definition and Boiler Rules

2011

Ohio EPA


3/22/2011
motion.jpg

Introduction:
On April 29, 2010, U.S. EPA proposed interrelated rules regarding solid wastes, boilers/process heaters, and commercial and institutional solid waste incinerators (CISWI). The sewage sludge incineration (SSI) rule was proposed on October 14, 2010.

The final decision on the nonhazardous solid waste definition will determine whether a given facility is regulated as a boiler or as a waste combustor. In June 2007, the U.S. Court of Appeals rejected EPA’s standards, citing CAA language that “any facility burning any solid waste” is to be regulated as a waste combustor, not a boiler. The legal requirements under the proposed boiler and waste combustor rules differ and may result in different air pollution control requirements.

Since the court vacatur of these rules in 2007, U.S. EPA requested information from approximately 3,000 boiler and 500 suspected CISWI units and conducted emissions testing at a fraction of these facilities. Some boilers elected to cease burning secondary materials to avoid being classified as a solid waste combustor under the proposed CISWI rule. The data from the emissions testing was evaluated to determine a level of control for the proposed standards.

The Clean Air Act (CAA) created two different requirements for boilers (sec. 112) and commercial and industrial solid waste incineration (CISWI) units (sec. 129). Under section 112 of the CAA, boilers are categorized as major and area sources. Major sources include those that emit 10 tons per year of any one air toxic or 25 tons per year of all air toxics. Maximum Achievable Control Technology (MACT) standards must be set for all emitted toxic air pollutants. Area sources include sources that emit less than the 10/25 tons per year threshold for air toxics emissions, and these sources may be regulated based on the less stringent Generally Achievable Control Technology standards (GACT). However, certain pollutants (e.g., mercury and polycyclic organic matter) must be regulated based on MACT standards from these sources. CISWI units are regulated under section 129 of the CAA and standards have been set for 9 specific air pollutants. There is no provision under this section of the CAA which authorizes GACT for smaller sources.

Emission limits for these rules are based on the “maximum achievable control technology” (MACT) with later evaluations of remaining risk leading to stricter standards if needed. New source standards for these proposed rules reflect what is currently achieved by the best controlled similar source. Existing source standards reflect what is achieved by the average of the best 12% of existing sources.

On February 21, 2011 U.S. EPA issued final rules that will reduce emissions of air pollutants from existing and new boilers/process heaters, CISWI units, and SSI units.



Reconsideration of the Emission Standards for Major Boilers and Process Heaters, Area Source Boilers, and CISWI Units
U.S. EPA is in the process of developing a reconsideration notice that identifies the specific elements in the rules which require further public comment and modifications.
Three rules are impacted:


  • CISWI Rule (NSPS 40 CFR 60 subpart DDDD and CCCC)

  • Boiler Major Source Rule (40 CFR 63 subpart DDDDD)

  • Boiler Area Source Rule (40 CFR 63 subpart JJJJJJ)

For the purposes of this summary, only the boiler rules will be covered.


The following issues are included in the reconsideration process:

  • Revisions to the proposed subcategories in the major source boiler rule

  • Establishment of a fuel specification in the major source boiler rule through which gas-fired boilers that use a fuel other than natural gas may be considered Gas 1 units

  • Establishing work practice standards for biomass and oil-fired area source boilers based on GACT

  • Establishing work practice standards for limited use major source boilers

  • Revisions to the proposed monitoring requirements for CO for major source boilers

  • Revisions to the proposed dioxin emission limit and testing requirement for major sources

  • Establishing a full-load stack test requirement for CO coupled with continuous oxygen monitoring for major source boilers

  • Setting PM standards under GACT for oil-fired area source boilers

  • The applicability of Title V permitting requirements for area source boilers


Definition of Non-Hazardous Solid Wastes Used As Fuels or Ingredients in Combustion Units (75 FR 31844) 40 CFR Part 241 –Final Rule
This rule identifies the requirements and procedures for the identification of solid wastes used as fuels or ingredients in combustion units under section 1004 of the Resource Conservation and Recovery Act (RCRA) and section 129 of the Clean Air Act (CAA). The definition defines non-hazardous secondary materials that are combusted as waste (the burning of which would make a combustion unit a solid waste incineration unit) and others as secondary materials (the burning of which would not cause a combustion unit to be considered a solid waste incineration unit). One potential implication of the proposed definition of solid waste is that some combustion units currently considered boilers would be subject to the proposed CISWI standards in the energy recovery unit subcategory if they continued to combust solid waste. This rule will help applicable facilities determine whether air requirements under the CAA section 112 or CAA section 129 apply to them.
Important Dates:

April 29, 2010-Rule was proposed

August 3, 2010-Comment period ends

February 21, 2011-Rule was promulgated

March 21, 2011-Rule was published in Federal Register

May 20, 2011-Rule becomes effective
Important terms to keep in mind:


  • A secondary material is any material that is not a primary product of a manufacturing or commercial process. These materials can include post-consumer materials, off-specification commercial chemical products, manufacturing chemical intermediates, post-industrial material, and scrap.

  • Solid waste is defined as “any garbage, or refuse, sludge from a wastewater treatment plant, water supply treatment plant, or air pollution control facility and other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include solid or dissolved materials in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permit under 33 U.S.C. 1342, or source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as amended (68 Stat. 923).”

  • Contaminants under this rule are considered to be any constituent in non-hazardous secondary materials that will result in emissions of any pollutants identified in CAA section 112(b) and the nine pollutants listed under CAA section 129 (a)(4). Emissions result when secondary materials are burned as fuel or used as ingredients, including materials that could generate products of incomplete combustion.

  • Non-hazardous secondary material is a secondary material that, when discarded, would not be a hazardous waste.

  • Traditional fuels: Definition encompasses two categories

    1. Historically managed fuels

    2. “Alternative” fuels that have been developed from virgin materials. These include additional materials that are economically viable and to be used as alternative traditional fuels.

These fuels are not secondary materials or solid wastes unless discarded.
What constitutes a solid waste?
U.S. EPA identified two key factors for determining solid waste:


  1. Has the secondary material been discarded?

  2. If it has been discarded, has it been sufficiently processed to produce a legitimate fuel.

In general, non-hazardous secondary materials are solid wastes when burned in combustion units.


What is not a solid waste?
Non-hazardous secondary materials that are not considered a solid waste when combusted include:

  • Materials that remain within the control of the generator and used as a fuel

  • Scrap tires managed by an established tire collection program and used as a fuel

  • Resinated wood used as a fuel

  • Materials used as ingredients in combustion unit that meet the legitimacy criteria as defined in this rule

  • Materials that are discarded that have undergone processing to produce fuel or ingredient products and meet the legitimacy criteria as defined in this rule

  • Materials that are used as fuels for which a non-waste determination have been granted by the Administrator

The Administrator may grant a non-waste determination that a non-hazardous secondary material used as a fuel is not discarded and therefore not a solid waste when combusted.


A secondary material must be legitimately used to be considered a non-waste. Please refer to the rule for specific legitimacy criteria for non-hazardous secondary materials (40 CFR 241.3(d)). To meet fuel legitimacy criteria, the non-hazardous secondary material must be managed as a valuable commodity. This means that the material must have a meaningful heating value and be used as a fuel in a combustion unit that recovers energy and contains contaminants at levels comparable to or lower than the traditional fuels which the combustion unit is designed to burn.

Generally, non-hazardous secondary materials that are discarded in the first instance will still be considered a solid waste even if they satisfy the legitimacy criteria.


What CAA section would my facility be subject to?
Units that burn solid waste would be subject to the requirements under CAA section 129.
Units that burn materials that are not considered a solid waste would be subject to the requirements under CAA section 112.

Boiler MACT Rule summary (40 CFR 63 subpart DDDDD)
The following is a brief summary of the new National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters.
Important Dates:

April 29, 2010-Rule was proposed

August 23, 2010-Comment period ends

February 21, 2011-Rule was promulgated

March 21, 2011-Rule was published in Federal Register

May 20, 2011-Rule becomes effective
Background:
This final rule addresses the combustion of non-solid waste materials in boilers and process heaters located at major sources of HAPs. ICI boilers and process heaters located at major sources of HAPs are regulated by this rule. If an owner or operator of an affected source subject to these standards were to start combusting a solid waste, the affected source would cease to be subject to this action and would be subject to the regulations under CAA section 129.
Pollutants regulated:


  • HCl (as a surrogate for acid gas HAP)

  • PM (as a surrogate for non-Hg HAP metals)

  • CO (as a surrogate for non-dioxin/furan organic HAP)

  • Hg

  • Dioxins/furans



This proposed rule would require major sources of industrial, commercial, and institutional boilers and process heaters to meet hazardous air pollutant emissions standards by reflecting the application of the maximum achievable control technology (MACT). This rule is directed to boilers and process heaters located at major sources.
Hazardous air pollutants will be reduced by the following control methods:


  1. Reducing the emissions of the hazardous air pollutants listed in section 112(b)(1) of the CAA

  2. Existing major source facilities with an affected boiler will be required to undergo an energy assessment on the boiler system to identify cost-effective energy conservation measures.

The units subject to this rule include those industrial, commercial, or institutional boilers and process heaters that do not combust solid waste.


What is an affected source (§63.7490 and §63.7491)?
Boiler: an enclosed device which uses flame combustion and has the primary purpose of recovering thermal energy in the form of steam or hot water. Devices that combust solid waste are not considered to be boilers according to this rule.
Boiler system: the boiler and associated components such as the feed water systems, the combustion air system, the fuel system, blow-down system, combustion control system, and energy consuming system.
Process heater: enclosed device using a controlled flame for which the unit’s primary purpose is to transfer heat indirectly to a process material. Combustion gases do not come into direct contact with the process materials.
A boiler or process heater is new if you commence construction of the boiler or process heater after June 4, 2010.
A boiler or process heater is reconstructed if you meet the reconstruction criteria and you commence reconstruction after June 4, 2010.
Sources not covered by this rule:


  • Electric steam generating units

  • Recovery boiler or furnaces covered by subpart MM

  • Boiler or process heater that is specifically used for research and development. This does not include units that provide heat or steam to research and development facilities.

  • Hot water heaters

  • Refining kettles covered by subpart X

  • Ethylene cracking furnaces covered by subpart YY

  • Blast furnace stoves

  • Boiler or process heaters that are part of the affected source subject to another subpart

  • Boilers or process heaters used as a control device to comply with another subpart of this part. At least 50% of the heat input to the boiler is provided by the gas steam that is regulated under another subpart.

  • Temporary boilers

  • Blast furnace gas fuel-fired boilers

  • Boilers under CAA Section 129

  • Boilers required to have a permit under section 3005 of the Solid Waste Disposal Act or covered by subpart EEE (hazardous waste boilers)


Definitions (§63.7575):
Biomass/bio-based solid fuel: biomass-based solid fuel that is not a solid waste. This could include wood residue, wood products, animal manure, vegetative agriculture and silviculture, bagasse, orchard pruning, corn stalks, coffee bean hulls and grounds.
Blast furnace gas fuel-fired boiler/process heater: units that receive 90% or more of their total annual gas volume from blast furnace gas.
Coal: all solid fuels classifiable as anthracite, bituminous, sub-bituminous, or lignite, coal refuse, and petroleum coke. Coal also includes synthetic fuels derived from coal.
Fluidized bed boiler: boiler utilizing a fluidized bed combustion process
Fluidized bed combustion: process where fuel is burned in a bed of granulated particles, which are maintained in a mobile suspension by the forward flow of air and combustion products
Gaseous fuel: natural gas, process gas, landfill gas, coal derived gas, refinery gas, and biogas
Limited use boiler: any boiler/process heater that burns any amount of solid, liquid, or gaseous fuel, has a heat input capacity of 10 MMBtu/hr or greater, and has a limit of no more than 876 hours per year of operation
Liquid fuel subcategory: boiler/process heater that burns more than 10% liquid fuel and less than 10% solid fuel
Liquid fuel: distillate oil, residual oil, on-spec used oil, and biodiesel
Metal process furnaces: natural gas-fired annealing furnaces, preheat furnaces, reheat furnaces, aging furnaces, heat treat furnaces, and homogenizing furnaces
Pulverized coal boiler: unit which pulverizes coal or other solid fossil fuel that is introduced into an air stream that carries the coal to the combustion chamber of the boiler where it is fired in suspension
Solid fuel: solid fossil fuel or biomass or bio-based solid fuel
Stoker: unit with a mechanically operating fuel feeding mechanism, stationary or moving grate to support the burning of fuel and let in air to the fuel, an overfire air system, and an ash discharge system.

For units that may burn multiple fuel-types:
Units designed to burn biomass/bio-based solid subcategory: boiler or process heater that burns at least 10% biomass or bio-based solids in combination with solid fossil fuels, liquid fuels, or gaseous fuels
Units designed to burn coal/solid fossil fuel subcategory: boiler or process heater that burns any coal or solid fossil fuel alone or at least 10% coal or other solid fuel in combination with liquid fuels, gaseous fuels, or less than 10% biomass and bio-based solids on an annual heat input basis.
Units designed to burn Gas 1 subcategory: boilers and process heaters that burn only natural gas, refinery gas, and/or other Gas 1 fuels
Units designed to burn Gas 2 (other) subcategory: boilers and process heaters that are not designed to burn Gas 1 fuels and burn any gaseous fuels alone or in combination with less than 10% coal/solid fossil fuel, less than 10% biomass/bio-based solid fuel, and less than 10% liquid fuels on an annual basis.
Units designed to burn liquid subcategory: boilers and process heaters that burn any liquid fuel, but less than 10% coal/solid fossil fuel and less than 10% biomass/bio-based solid fuels on an annual heat input basis.


Units designed to burn solid fuel subcategory: boilers and process heaters that burn any solid fuel alone or least 10% solid fuel on an annual heat input basis.
Emissions Limits and Work Practice Standards (§63.7499 and §63.7500):

Table 1. The rule subdivides boilers/process heaters for new and existing sources into fifteen subcategories.



Subcategories for boilers/process heaters

Pulverized coal/solid fossil fuel units

Stokers designed to burn coal/solid fossil fuel

Fluidized bed units designed to burn coal/solid fossil fuel

Stokers designed to burn biomass/bio-based solids

Fluidized bed units designed to burn biomass/bio-based solids

Suspension burners/Dutch Ovens designed to burn biomass/bio-based solids

Fuel cells designed to burn biomass/bio-based solids

Units designed to burn solid fuel

Units designed to burn liquid fuel

Units designed to burn liquid fuel in non-continental States or territories

Units designed to burn natural gas, refinery gas, or other Gas 1 fuels

Units designed to burn Gas 2 (other) fuels

Metal process furnaces

Limited-use boilers/process heaters

Hybrid suspension/grate burners designed to burn biomass/bio-based solids

Table 2. Emission limits for existing sources with a heat input capacity greater than 10 MMBtu/hr. Units are pounds per million British Thermal units unless noted.




Subcategory

PM (Particulate Matter)

Hydrogen Chloride (HCl)

Mercury (Hg)

Carbon Monoxide (CO ppm @ 3% oxygen)

Dioxin/furan (TEQ) (ng/dscm)

Existing-Coal Stoker

0.039

0.035

0.0000046

270

0.003

Existing-Coal Fluidized Bed

0.039

0.035

0.0000046

82

0.002

Existing-Pulverized Coal

0.039

0.035

0.0000046

160

0.004

Existing-Biomass Stoker/other

0.039

0.035

0.0000046

490

0.005

Existing-Biomass Fluidized bed

0.039

0.035

0.0000046

430

0.02

Existing-Biomass Dutch Oven/Suspension Burner

0.039

0.035

0.0000046

470

0.2

Existing-Biomass fuel cells

0.039

0.035

0.0000046

690

4

Existing-Biomass Suspension/Grate

0.039

0.035

0.0000046

3500

0.2

Existing-Liquid

0.0075

0.00033

0.0000035

10

4

Existing-Gas 2 (other process gases)

0.043

0.0017

0.000013

9.0

0.08

Existing- non-continental liquid

0.0075

0.00033

0.00000078

160

4

Table 3. Emission limits for new sources with a heat input capacity greater than 10 MMBtu/hr. Units are pounds per million British Thermal units unless noted.


Subcategory

PM (Particulate Matter)

Hydrogen Chloride (HCl)

Mercury (Hg)

Carbon Monoxide (CO ppm @ 3% oxygen)

Dioxin/furan (TEQ) (ng/dscm)

New-Coal Stoker

0.0011

0.0022

0.0000035

6

0.003

New-Coal Fluidized Bed

0.0011

0.0022

0.0000035

18

0.002

New-Pulverized Coal

0.0011

0.0022

0.0000035

12

0.003

New-Biomass Stoker

0.0011

0.0022

0.0000035

160

0.005

New-Biomass Fluidized Bed

0.0011

0.0022

0.0000035

260

0.02

New-Biomass Dutch Oven/Suspension Burner

0.0011

0.0022

0.0000035

470

0.2

New-Biomass fuel cells

0.0011

0.0022

0.0000035

470

0.003

New-Biomass Suspension/Grate

0.0011

0.0022

0.0000035

1500

0.2

New-Liquid

0.0013

0.00033

0.00000021

3

0.002

New-Gas 2 (other process gases)

0.0067

0.0017

0.0000079

3

0.08

New-non-continental liquid

0.0013

0.00033

0.00000078

51

0.002

Table 4. Output based emission limits (lb per MMBtu of steam output) for new sources




Subcategory

PM (Particulate Matter)

Hydrogen Chloride (HCl)

Mercury (Hg)

Carbon Monoxide (CO ppm @ 3% oxygen)

Dioxin/furan (TEQ) (ng/dscm)

New-Coal Stoker

0.0011

0.0021

0.0000034

0.005

2.8E-12

New-Coal Fluidized Bed

0.0011

0.0021

0.0000034

0.02

1.8E-12

New-Pulverized Coal

0.0011

0.0021

0.0000034

0.01

2.8E-12

New-Biomass Stoker

0.0011

0.0021

0.0000034

0.13

4.4E-12

New-Biomass Fluidized Bed

0.0011

0.0021

0.0000034

0.18

1.8E-11

New-Biomass Dutch Oven/Suspension Burner

0.0011

0.0021

0.0000034

0.45

1.8E-10

New-Biomass fuel cells

0.0011

0.0021

0.0000034

0.23

2.86E-12

New-Biomass Suspension/Grate

0.0011

0.0021

0.0000034

0.84

1.8E-10

New-Liquid

0.001

0.0003

0.2E-06

0.0026

4.6E-12

New-Gas 2 (other process gases)

0.004

0.003

2.0E-07

0.002

4.1E-12

New-non-continental liquid

0.001

0.0003

8.0E-07

0.043

4.6E-12

Table 5. Output based emission limits (lb per MMBtu of steam output) for existing sources




Subcategory

PM (Particulate Matter)

Hydrogen Chloride (HCl)

Mercury (Hg)

Carbon Monoxide (CO ppm @ 3% oxygen)

Dioxin/furan (TEQ) (ng/dscm)

Existing-Coal Stoker

0.038

0.04

4.5E-06

0.25

2.8E-12

Existing-Coal Fluidized Bed

0.038

0.04

4.5E-06

0.08

1.8E-12

Existing-Pulverized Coal

0.038

0.04

4.5E-06

0.14

3.7E-12

Existing-Biomass Stoker/other

0.038

0.04

4.5E-06

0.35

4.4E-12

Existing-Biomass Fluidized bed

0.038

0.04

4.5E-06

0.28

1.8E-11

Existing-Biomass Dutch Oven/Suspension Burner

0.038

0.04

4.5E-06

0.45

1.8E-10

Existing-Biomass fuel cells

0.038

0.04

4.5E-06

0.34

3.5E-09

Existing-Biomass Suspension/Grate

0.038

0.04

4.5E-06

2.0

1.8E-10

Existing-Liquid

0.0073

0.0003

3.3E-06

0.0083

9.2E-09

Existing-Gas 2 (other process gases)

0.026

0.001

7.8E-06

0.005

3.9E-11

Existing- non-continental liquid

0.0073

0.0003

8.0E-07

0.13

9.2E-09

A work practice standard has been established for three classes of boilers and process heaters.




  1. New and existing units with a heat input capacity of less than 10 million Btu per hour

  2. New and existing units in the Gas 1 subcategory

  3. Units in the metal process furnace subcategory

Table 6. Work practice standards established for three subcategories of boilers/process heaters in lieu of set emission limits




If your boiler is…

You must do the following…

  1. A new or existing boiler or process heater with heat input capacity of less than 10 million Btu per hour or a limited use boiler or process heater.

Conduct a tune-up of the boiler or process heater biennially.

  1. A new or existing boiler or process heater on either the Gas 1 or Metal Processes Furnace subcategory with heat input capacity of 10 million Btu per hour or greater.

Conduct a tune-up of the boiler annually.

  1. An existing boiler or process heater located at a major source facility.

Must have an energy assessment performed on the major source facility by qualified personnel which includes:

  1. A visual inspection of the boiler or process heater system.

  2. An evaluation of operating characteristics of the facility, specifications of energy using systems, operating and maintenance procedures, and unusual operating constraints

  3. An inventory of major energy consuming systems

  4. A review of available architectural and engineering plans, fuel usage, maintenance procedures and logs

  5. A review of the facility’s energy management practices and provide recommendations for improvements consistent with the definition of energy management practices

  6. A list of major energy conservations measures identified

  7. List of energy savings potential of the energy conservation measures identified

  8. Comprehensive report detailing ways to improve efficiency

Energy assessment that meets the criteria listed above and has been conducted on or after January 1, 2008 meets the requirements in the rule.





Tune Up Procedure:


  1. Inspect the burner, and clean or replace any components as necessary

  2. Inspect the flame pattern and make any adjustments to the burner necessary to optimize the flame pattern

  3. Inspect the system controlling the air-to-fuel ratio and ensure that is calibrated and functioning correctly

  4. Optimize total emissions of CO consistent with the manufacturer’s specifications

  5. Measure the concentration of the effluent stream of CO before and after any adjustments are made

  6. Submit to delegated authority an annual report which contains the concentration of CO (ppmvd) in effluent stream and oxygen (percent dry basis). Concentrations should be measured before and after adjustments to the boiler were made. Also, the report should include a summary of corrective actions taken as part of a combustion adjustment, and the type of fuel used over the 12 months prior to the annual adjustment.

Also, owners and operators of major source facilities must submit documentation that an energy assessment was conducted.


Testing, Fuel Analysis, and Initial Compliance:
Initial compliance deadline (
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