DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT

Solid and Hazardous Waste Commission/Hazardous Materials and Waste Management Division

6 CCR 1007-3

hazardous waste

Miscellaneous Corrections of Typographic Errors and Inadvertent Errors

(Adopted by the Solid and Hazardous Waste Commission on May 19, 2020)

1) Revise the definition of “sludge dryer” in Section 260.10 to read as follows:  

§ 260.10 Definitions

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“Sludge dryer” means any enclosed thermal treatment device that is used to dehydrate sludge and that has a maximum total thermal input, excluding the heating value of the sludge itself, of 2,500 Btu/lb of sludge treated on a wet-weight basis.

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2) Revise paragraphs (a)(2) – (a)(2)(iv) of Section 261.6 to read as follows:  

§ 261.6 Requirements for recyclable materials.

(a)(1) *******

(2) The following recyclable materials are not subject to the requirements of this section but are regulated under Part 264, Subpart O; Part 265, Subpart H; Part 265, Subpart O; or Subparts C through M of Part 267 of these regulations and all applicable provisions in Parts 268 and 100 of these regulations:

(i) Recyclable materials used in a manner constituting disposal (See Part 267, Subpart C);

(ii) Hazardous wastes burned for energy recovery in boilers and industrial furnaces that are not regulated under Subpart O of Part 264 or 265 of these regulations (see Subpart D); 

(iii) Recyclable materials from which precious metals are reclaimed (see Part 267, Subpart F); 

(iv) Spent lead acid batteries that are being reclaimed (see Part 267, Subpart G).

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3) Revise paragraph (g)(2) of Section 264.1 to read as follows:  

§ 264.1 Purpose, scope and applicability.

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(g) The requirements of this part do not apply to:

(1) The owner or operator of a facility permitted, licensed, or registered by the State to manage municipal or industrial solid waste, if the only hazardous waste the facility treats, stores, or disposes of is excluded from regulation under this part by § 262.14 of these regulations.  

(2) The owner or operator of a facility managing recyclable materials described in § 261.6(a)(2), (3), and (4) of these regulations (except to the extent they are referred to in Part 279 or Subparts C, F, or G of Part 267 of these regulations).* 

* Note: Hazardous wastes burned in boilers and industrial furnaces are also subject to the requirements of Part 264, Subpart O and Part 265, Subpart H of these regulations.
  
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4) Revise paragraph (b) of Section 264.340 to read as follows:  

§ 264.340 Applicability. 

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(b) After consideration of the waste analysis included with Part B of the permit application, the Department, in establishing the permit conditions, may exempt the applicant from all requirements of this subpart except § 264.341 (Waste analysis) and § 264.346(h)(Closure), § 264.346(f) (standards for direct transfer), § 264.347 (regulation of residues) and the applicable requirements of subparts A through H, BB and CC of Parts 264 and 265 of these regulations.

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5) Revise paragraph (f) of Section 264.340 to read as follows:  

§ 264.340 Applicability.

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(f) The management standards for residues under § 264.347 apply to any incinerator, boiler or industrial furnace burning hazardous waste.

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6) Revise paragraph (a) of Section 264.341 to read as follows:  

§ 264.341 Waste analysis.

(a) In addition to the general waste analysis requirements in § 264.13 of these regulations, and as a portion of the trial burn plan required by § 100.28 of these regulations, the owner or operator must have included an analysis of the waste feed sufficient to provide all information required by § 100.28(c) of these regulations.  The owner or operator must provide an analysis of the hazardous waste that quantifies the concentration of any constituent identified in Appendix VIII of Part 261 of this chapter that may reasonably be expected to be in the waste. Such constituents must be identified and quantified if present, at levels detectable by using appropriate analytical procedures. The Appendix VIII, Part 261 constituents excluded from this analysis must be identified and the basis for their exclusion explained. This analysis will be used to provide all information required by this subpart and §§ 100.41(b)(5) and 100.28(c) of these regulations and to enable the permit writer to prescribe such permit conditions as necessary to protect human health and the environment. Such analysis must be included as a portion of the part B permit application, or, for facilities operating under the interim status standards of this subpart, as a portion of the trial burn plan that may be submitted before the part B application under provisions of § 100.28(g) of these regulations as well as any other analysis required by the permit authority in preparing the permit. Owners or operators of new hazardous waste incinerators, boilers or industrial furnaces must provide the information required by § 100.28(b)(3) or § 100.41(b)(5) of these regulations to the greatest extent possible.

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7) Revise paragraph (b)(3) of Section 264.342 to read as follows:  

§ 264.342 Risk Based Performance Standards for Hazardous Constituents

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(b) Performance standards to control organic emissions.

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(3) Dioxin-listed waste.  An incinerator or boiler or industrial furnace burning hazardous waste containing (or derived from) EPA Hazardous Wastes Nos. F020, F021, F022, F023, F026, or F027 must achieve a destruction and removal efficiency (DRE) of 99.9999% for each POHC designated (under paragraph (b)(2) of this section) in its permit.  This performance must 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 paragraph (b)(1) of this section.  In addition, the owner or operator of the boiler or industrial furnace must notify the Director of intent to burn EPA Hazardous Waste Nos. F020, F021, F022, F023, F026, or F027.

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8) Revise paragraph (i) of Section 264.342 to read as follows:  

§ 264.342 Risk Based Performance Standards for Hazardous Constituents

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(i) Use of emissions test data to demonstrate compliance and establish operating limits. 

Compliance with the requirements of this section must 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 must be obtained during the time that DRE testing and, as applicable, PCDD/PCDF testing under paragraph (g) of this section, comprehensive organic emissions testing under paragraph (h) of this section, and hazardous constituent emissions testing under paragraph (a) of this section is conducted.

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9) Revise paragraphs (b)(1)(i)(A), (b)(1)(ii)(A) and (b)(1)(ii)(B) of Section 264.344 to read as follows:  

§ 264.344 Performance standards to control emissions of metallic compounds.

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(b) Tier I feed rate screening limits. 

Feed rate screening limits for metals are specified in Appendix I of this Subpart, 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 paragraph (b)(7) of this section.

(1) Noncarcinogenic metals.  The feed rates of antimony, barium, lead, mercury, thallium, silver, nickel and selenium in all feed streams, including hazardous waste and fuels, shall not exceed the screening limits specified in Appendix I of this Subpart.

(i) The feed rate screening limits for antimony, barium, mercury, thallium, silver, nickel and selenium are based on either:

(A) An hourly rolling average as defined in § 264.346(c)(6)(i)(b); or

(B) An instantaneous limit not to be exceeded at any time.

(ii) The feed rate screening limit for lead is based on one of the following:

(A) An hourly rolling average as defined in § 264.346(c)(6)(i)(b);

(B) An averaging period of 2 to 24 hours as defined in § 264.346(c)(6)(ii) 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

(C) An instantaneous limit not to be exceeded at any time.

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10) Revise paragraph (b)(2)(ii)(B) of Section 264.344 to read as follows:  

§ 264.344 Performance standards to control emissions of metallic compounds.

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(b) Tier I feed rate screening limits. 

Feed rate screening limits for metals are specified in Appendix I of this Subpart, 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 paragraph (b)(7) of this section.

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(2) Carcinogenic metals.  

(i) ******* 

(ii) The feed rate screening limits for the carcinogenic metals are based on either:

(A) An hourly rolling average; or

(B) An averaging period of 2 to 24 hours as defined in § 264.346(c)(6)(ii) with an instantaneous feed rate limit not to exceed 10 times the feed rate that would be allowed on an hourly rolling average basis. 

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11) Revise paragraph (b)(6) of Section 264.344 to read as follows:  

§ 264.344 Performance standards to control emissions of metallic compounds.

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(b) Tier I feed rate screening limits. 

Feed rate screening limits for metals are specified in Appendix I of this Subpart, 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 paragraph (b)(7) of this section.

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(6) Multiple stacks.  Owners and operators of facilities with more than one on-site stack from an incinerator, boiler, industrial furnace, or other thermal treatment unit subject to controls of metals emissions under a Federal or State RCRA operating permit or interim status controls must 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:

	(10) 

Where:

 =	a parameter accounting for relative influence of stack height and plume rise;

 =	physical stack height (meters);

 =	stack gas flow rate (m3/second); and

 =	exhaust temperature ( oK).

The stack with the lowest value of  is the worst-case stack.

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12) Revise paragraph (c)(3) of Section 264.344 to read as follows:  

§ 264.344 Performance standards to control emissions of metallic compounds.

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(c) Tier II emission rate screening limits.

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(3) Implementation.  The emission rate limits must 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 periodic compliance test.  The feed rate averaging periods are the same as provided by paragraphs (b)(1)(i) and (ii) and (b)(2)(ii) of this section.  The feed rate of metals in each feedstream must be monitored to ensure that the feed rate limits for the feedstreams specified under § 264.346 or § 265.140 are not exceeded.

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13) Revise paragraph (d) of Section 264.344 to read as follows:  

§ 264.344 Performance standards to control emissions of metallic compounds.

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(d) Tier III and Adjusted Tier I site-specific risk assessments. The requirements of this paragraph 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 must 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 must be demonstrated by air 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.

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14) Revise paragraph (d)(6) of Section 264.344 to read as follows:  

§ 264.344 Performance standards to control emissions of metallic compounds.

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(d) Tier III and Adjusted Tier I site-specific risk assessments

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(6) Implementation. Under Tier III, the metals controls must 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 periodic compliance test.  The feed rate averaging periods are the same as provided by paragraphs (b)(1)(i) and (ii) and (b)(2)(ii) of this section.  The feed rate of metals in each feedstream must be monitored to ensure that the feed rate limits for the feedstreams specified under § 264.346 or § 265.140 are not exceeded.

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15) Revise paragraph (h) of Section 264.344 to read as follows:  

§ 264.344 Performance standards to control emissions of metallic compounds.

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(h) Dispersion modeling. 

Dispersion modeling required under this section shall be conducted according to methods recommended in appendix W of 40 CFR Part 51 (“Guideline on Air Quality Models (Revised)” (1986) and its supplements), the "Hazardous Waste Combustion Air Quality Screening Procedure" provided in Appendix IX to § 264.348 of these regulations, or in "Screening Procedures for Estimating Air Quality Impact of Stationary Sources, Revised" (incorporated by reference in § 260.11) to predict the maximum annual average off-site ground level concentration.  However, on-site concentrations must be considered when a person resides on-site.

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16) Revise paragraph (d)(1) of Section 264.345 to read as follows:  

§ 264.345 Standards to control hydrogen chloride (HCl) and chlorine gas (Cl2) emissions.

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(d) Averaging periods. 

The HCl and Cl2 controls are implemented by limiting the feed rate of total chlorine and chloride in all feedstreams, including hazardous waste, fuels, and industrial furnace feedstocks.  Under Tier I, the feed rate of total chlorine and chloride is limited to the Tier I Screening Limits.  Under Tier II and Tier III, the feed rate of total chlorine and chloride is limited to the feed rates during the trial burn (for new facilities or an interim status facility applying for a permit) or the periodic compliance test.  The feed rate limits are based on either:

(1) An hourly rolling average as defined in § 264.346(c)(6); or

(2) An instantaneous basis not to be exceeded at any time.

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17) Revise paragraphs  (b)(1), (b)(3)(iii) and (b)(3)(iv) of Section 264.346 to read as follows:  

§ 264.346 Permit standards for burners.

(a) General.
An incinerator, boiler, or industrial furnace burning hazardous waste must be operated in accordance with the operating requirements of this section and the emission standards of §§ 264.342 through 264.345 and as specified in the permit at all times where there is hazardous waste in the unit.

(b) Permits.

(1) The owner or operator of a hazardous waste incinerator, boiler, or industrial furnace may burn only wastes specified in the facility's permit and only under operating conditions specified for those wastes under paragraph (c) of this section, except under exemptions created by § 264.340, and § 261.4(e) and (f).

(2) Other hazardous wastes may be burned only after operating conditions have been specified in a new permit or a permit modification as applicable.  Operating requirements for new wastes may be based on either trial burn results or alternative data included with Part B of a permit application under § 100.41(b)(5) of these regulations.

(3) A permit for a new hazardous waste incinerator, boiler, or industrial furnace must establish appropriate conditions for each of the applicable requirements of this Subpart, including but not limited to allowable waste feeds and operating conditions necessary to meet the requirements of this section, in order to comply with the following standards: 

(i) For the period beginning with initial introduction of hazardous waste to the incinerator and ending with initiation of the trial burn, and only for the minimum time required to establish operating conditions required in paragraph (c)(2) of this section, not to exceed a duration of 720 hours operating time for treatment of hazardous waste, the operating requirements must be those most likely to ensure compliance with the performance standards of § 264.342, § 264.343, § 264.344, and § 264.345, based on the Director's engineering judgement.  The Department may extend the duration of this period once for up to 720 additional hours when good cause for the extension is demonstrated by the applicant. 

(ii) For the duration of the trial burn, the operating requirements must be sufficient to demonstrate compliance with the performance standards of § 264.342, § 264.343, § 264.344, and § 264.345, and must be in accordance with the approved trial burn plan; 

(iii) For the period immediately following completion of the trial burn, and only for the minimum period sufficient to allow sample analysis, data computation, submission of the trial burn results by the applicant, and review of the trial burn results and modification of the facility permit by the Department to reflect the trial burn results, the operating requirements must be those most likely to ensure compliance with the performance standards of § 264.342, § 264.343, § 264.344, and § 264.345, based on the Director's engineering judgement.

(iv) For the remaining duration of the permit, the operating requirements must be those demonstrated, in a trial burn or by alternative data specified in § 100.41(b)(5)(v) of these regulations, as sufficient to ensure compliance with the performance standards of § 264.342, § 264.343, § 264.344, and § 264.345.

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18) Revise paragraphs (c)(2)(i)(A), (c)(2)(i)(E) and (c)(2)(i)(F) of Section 264.346 to read as follows:  

§ 264.346 Permit standards for burners.

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(c) Operating Requirements:

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(2) Organic emission standards.
 
(i) DRE standard.  Operating conditions will be specified either on a case-by-case basis for each hazardous waste burned as those demonstrated in a trial burn or by alternative data as specified in § 100.41(b)(5) to be sufficient to comply with the destruction and removal efficiency (DRE) performance standard of § 264.342(a).  Each set of operating requirements will specify the composition of the hazardous waste (including acceptable variations in the physical and chemical properties of the hazardous waste which will not affect compliance with the DRE performance standard) to which the operating requirements apply.  For each such hazardous waste, the permit will specify acceptable operating limits including, but not limited to, the following conditions as appropriate:

(A) Feed rate of hazardous waste and other fuels measured and specified as prescribed in paragraph (c)(6) of this section;

(B) Minimum and maximum device production rate when producing normal product expressed in appropriate units, measured and specified as prescribed in paragraph (6) of this section;

(C) Appropriate controls of the hazardous waste firing system;

(D) Allowable variation in incinerator, boiler and industrial furnace system design or operating procedures;

(E) Minimum combustion gas temperature measured at a location indicative of combustion chamber temperature, measured and specified as prescribed in paragraph (c)(6) of this section;

(F) An appropriate indicator of combustion gas velocity, measured and specified as prescribed in paragraph (c)(6) of this section, unless documentation is provided under § 100.28 demonstrating adequate combustion gas residence time; and
 
(G) Such other operating requirements as are necessary to ensure that the DRE performance standard of § 264.342(b) is met.

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19) Revise paragraphs (c)(4)(ii)(B) and (c)(4)(ii)(J) of Section 264.346 to read as follows:  

§ 264.346 Permit standards for burners.

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(c) Operating Requirements:

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(4) Requirements to ensure conformance with the metals emissions standard.

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(ii) For conformance with the Tier II metals emission rate screening limits under § 264.344(c) and the Tier III metals controls under § 264.344(d), the permit shall specify the following operating requirements:

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(B) Feed rate of total hazardous waste and pumpable hazardous waste, each measured and specified as prescribed in paragraph (c)(6)(i) of this section;

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(J) Such other operating requirements as are necessary to ensure that the metals standards under § 264.344(c) or (d) are met.

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20) Revise paragraph (c)(4)(iii)(B) of Section 264.346 to read as follows:  

§ 264.346 Permit standards for burners.

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(c) Operating Requirements:

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(4) Requirements to ensure conformance with the metals emissions standard.

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(iii) For conformance with an alternative implementation approach approved by the Director under § 264.344(f), the permit will specify the following operating requirements:

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(B) Feed rate of total hazardous waste and pumpable hazardous waste, each measured and specified as prescribed in paragraph (c)(6)(i) of this section;

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21) Revise paragraph (c)(5)(ii)(G) of Section 264.346 to read as follows:  

§ 264.346 Permit standards for burners.

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(c) Operating Requirements:

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(5) Requirements to ensure conformance with the hydrogen chloride and chlorine gas standards.
	
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(ii) For conformance with the Tier II HCl and Cl2 emission rate screening limits under § 264.345(b)(2) and the Tier III HCl and Cl2 controls under § 264.345(c), the permit will specify the following operating requirements:

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(G) Such other operating requirements as are necessary to ensure that the HCl and Cl2 standards under § 264.345(b)(2) or (c)  are met.

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22) Revise paragraphs (c)(6)(i) and (c)(6)(ii) of Section 264.346 to read as follows:  

§ 264.346 Permit standards for burners.

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(c) Operating Requirements:

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(6) Measuring parameters and establishing limits based on trial burn data.

(i) General requirements.  As specified in paragraphs (c)(2) through (c)(5) of this section, each operating parameter shall be measured, and permit limits on the parameter shall be established, according to either of the following procedures:

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(ii) Rolling average limits for carcinogenic metals and lead.  Feed rate limits for the carcinogenic metals (i.e., arsenic, beryllium, cadmium, nickel and chromium) and lead may be established either on an hourly rolling average basis as prescribed by paragraph (c)(6)(i) of this section or on (up to) a 24 hour rolling average basis.  If the owner or operator elects to use an average period from 2 to 24 hours:

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23) Revise paragraph (n)(5) of Section 264.346 to read as follows:  

§ 264.346 Permit standards for burners.

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(n) Emergency Planning and Response for incineration, boiler or industrial furnace facilities; Additional requirements.

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(5) The owner or operator shall provide appropriate training to those employees responsible for implementing the contingency/emergency plan, in accordance with the training plan requirements of § 264.16 and § 264.346(m) of these regulations.

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24) Revise the introductory paragraph of Section 264.347 to read as follows:  

§ 264.347 Regulation of residues.

A residue derived from the burning or processing of hazardous waste in a boiler or industrial furnace is not excluded from the definition of a hazardous waste under § 261.4(b) (4), (7), or (8) unless the device and the owner or operator meet the following requirements:

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25) Correct the spelling of the constituent listing for Methyl hydrazine in the table for Nonmetals--Residue Concentration Limits in Appendix VII of Section 264.348 to read as follows:  

Nonmetals--Residue Concentration Limits
Constituent	CAS No.	                                                    Concentration limits
    for residues (mg/kg)

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Methyl hydrazine		60-34-4	3xE-04	
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26) Revise Section 4.0 and Section 9.2 of the Table of Contents of Appendix IX to Section 264.348 to read as follows:

Appendix IX to § 264.348 -- Methods Manual for Compliance With the BIF Regulations
Burning Hazardous Waste in Boilers and Industrial Furnaces
Table of Contents
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4.0  Procedure for Estimating the Toxicity Equivalence of Chlorinated Dibenzo-P-Dioxin and Dibenzofuran Congeners 
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9.0  Procedures for Determining Default Values for Partitioning of Metals, Ash, and Total Chloride/Chlorine 
 9.1  Partitioning Default Value for Metals 
 9.2  Special Procedures for Chlorine, HCl, and Cl2 
 9.3  Special Procedures for Ash 
 9.4  Use of Engineering Judgement to Estimate Partitioning and APCS RE Values 
 9.5  Restrictions on Use of Test Data 
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27) Revise footnote 1 of Table 2.1.1 in Appendix IX of Section 264.348 to read as follows:

Table 2.1-1--Performance Specifications of CO and O2 Monitors
Parameter	CO monitors	O2 monitors	
	Low range	High range		
Calibration drift 24 hours	≤6 ppm1	≤90 ppm	≤0.5% O2	
Calibration error	≤10 ppm1	≤150 ppm	≤0.5% O2	
Response time	≤2 min	≤2 min	≤2 min	
Relative accuracy2	(3)	(3)	(incorporated in CO RA calculation)	

1 For Tier II, CD and CE are ≤3% and ≤5%  or twice the permit limit, respectively.
2 Expressed as the sum of the mean absolute value plus the 95% confidence interval of a series of measurements.
3 The greater of 10% of PTM or 10 ppm.

28) Revise paragraph (b)(2) of Section 265.140 to read as follows:

§ 265.140 Interim status standards for burners.

(b) Certification of precompliance--(1) General. The owner or operator must provide complete and accurate information specified in paragraph (b)(2) of this section to the Director on or before August 21, 1991(or within 180 days of the effective date of the regulations which first require the owner or operator to comply with the standards set forth in Part 265), and must establish limits for the operating parameters specified in paragraph (b)(3) of this section. Such information is termed a “certification of precompliance” and constitutes a certification that the owner or operator has determined that, when the facility is operated within the limits specified in paragraph (b)(3) of this section, the owner or operator believes that, using best engineering judgment, emissions of particulate matter, metals, and HCl and Cl2 are not likely to exceed the limits provided by §§ 264.343, 264.344, and 264.345. The facility may burn hazardous waste only under the operating conditions that the owner or operator establishes under paragraph (b)(3) of this section until the owner or operator submits a revised certification of precompliance under paragraph (b)(8) of this section or a certification of compliance under paragraph (c) of this section, or until a permit is issued.

(2) Information required. The following information must be submitted with the certification of precompliance to support the determination that the limits established for the operating parameters identified in paragraph (b)(3) of this section are not likely to result in an exceedance of the allowable emission rates for particulate matter, metals, and HCl and Cl2.

29) Revise paragraphs (c)(7)(ii)(B), (c)(7)(ii)(B)(1)(i), and (c)(7)(ii)(B)(2) of Section 265.140 to read as follows:

§ 265.140 Interim status standards for burners.

(c) Certification of compliance. The owner or operator shall conduct emissions testing to document compliance with the emissions standards of §§ 264.342(b) through (g), 264.343, 264.344, 264.345, and paragraph (a)(5)(i)(D) of this section, under the procedures prescribed by this paragraph, except under extensions of time provided by paragraph (c)(7).  Based on the compliance test, the owner or operator shall submit to the Director on or before August 21, 1992 (or within one year of the effective date of the regulations which first require the owner or operator to comply with the standards set forth in Part 265) a complete and accurate “certification of compliance” (under paragraph (c)(4) of this section) with those emission standards establishing limits on the operating parameters specified in paragraph (c)(1).

(7) Extensions of time. (i) If the owner or operator does not submit a complete certification of compliance for all of the applicable emissions standards of §§ 264.342, 264.343, 264.344, and 264.345 by August 21, 1992 (or within one year of the effective date of the regulations which first require the owner or operator to comply with the standards set forth in Part 265), he/she must either:

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(ii) The owner or operator may request a case-by-case extension of time to extend any time limit provided by paragraph (c) of this section if compliance with the time limit is not practicable for reasons beyond the control of the owner or operator.

(A) In granting an extension, the Director may apply conditions as the facts warrant to ensure timely compliance with the requirements of this section and that the facility operates in a manner that does not pose a hazard to human health and the environment;

(B) When an owner or operator requests an extension of time to enable the facility to comply with the alternative hydrocarbon provisions of § 264.342(h) and obtain a RCRA operating permit because the facility cannot meet the HC limit of § 264.342(d) of these regulations:

(1) The Director shall, in considering whether to grant the extension:

(i) Determine whether the owner and operator have submitted in a timely manner a complete part B permit application that includes information required under § 100.41(b)(5)(vii) of these regulations; and

(ii) Consider whether the owner and operator have made a good faith effort to certify compliance with all other emission controls, including the controls on dioxins and furans of § 264.342(g) and the controls on PM, metals, and HCl/Cl2.

(2) If an extension is granted, the Director shall, as a condition of the extension, require the facility to operate under flue gas concentration limits on CO and HC that, based on available information, including information in the part B permit application, are baseline CO and HC levels as defined by § 264.342(h)(1).

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30) Revise paragraph (a) of Section 265.340 to read as follows:

§ 265.340 Applicability.

(a) (Effective January 1, 1986)  The regulations in this subpart apply to owners or operators of facilities that incinerate hazardous waste, except as § 265.1 provides otherwise.  The following facility owners or operators are considered to incinerate hazardous waste: 

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31) Revise paragraph (a) of Section 265.347 to read as follows:

§ 265.347 Monitoring and inspections.

The owner or operator must conduct, as a minimum, the following monitoring and inspections when incinerating hazardous waste: 

(a) Existing instruments which relate to combustion and emission control must be monitored at least every 15 minutes.  Appropriate corrections to maintain steady state combustion conditions must be made immediately either automatically or by the operator.  Instruments which relate to combustion and emission control would normally include those measuring waste feed, auxiliary fuel feed, air flow, incinerator temperature, scrubber flow, scrubber pH, and relevant level controls.

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32) Revise paragraphs (b) – (b)(3) of Section 265.352 to read as follows:

§ 265.352 Interim Status Incinerators Burning Particular Hazardous Wastes. 

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(b) The following standards and procedures will be used in determining whether to certify an incinerator: 

(1) The owner or operator will submit an application to the Department containing applicable information in §§ 100.41 and 100.28 demonstrating that the incinerator can meet the performance standards in Subpart O of Part 264 when they burn these wastes. 

(2) The Department will issue a tentative decision as to whether the incinerator can meet the performance standards in Subpart O of Part 264.  Notification of this tentative decision will be provided by newspaper advertisement and radio broadcast in the jurisdiction where the incinerator is located.  The Department will accept comment on the tentative decision for 60 days.  The Department also may hold a public hearing upon request or at its discretion. 

(3) After the close of the public comment period, the Department will issue a decision whether or not to certify the incinerator.

33) Revise the Table of Contents for Part 267 by deleting and reserving Subpart D (Hazardous Waste Burned for Energy Recovery) to read as follows:

PART 267   STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS
WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE
MANAGEMENT FACILITIES.

Subpart A – B – (Reserved).

Subpart C – Recyclable Materials Used In A Manner Constituting Disposal

Sec.
267.20	Applicability.
267.21	Standards applicable to generators and transporters of materials used in a manner that constitute disposal.
267.22	Standards applicable to storers of materials that are to be used in a manner that constitutes disposal who are not the ultimate users.
267.23	Standards applicable to users of Hazardous Waste that are used in a manner that constitutes disposal.

Subpart D – [Reserved] 

Subpart E – [Reserved]

Subpart F – Recyclable Materials Utilized for Precious Metal Recovery

267.70	Applicability and requirements.

34) Delete Subpart D (Consisting of Sections 267.30 – 267.35) of Part 267 in its entirety and reserve Subpart D to read as follows:

Subpart D -  [Reserved] 

35) Revise paragraph (b)(1) of Section 100.28 to read as follows: 

§ 100.28  Permits for incinerators, boilers, and industrial furnaces burning hazardous waste.

(a) General. Owners and operators of new incinerators, boilers and industrial furnaces (those not operating under the interim status standards of Subparts O or H, Part 265 of these regulations) are subject to paragraphs (b) through (f) of this section.  Incinerators operating under the interim status standards of Subpart O of Part 265, and boilers and industrial furnaces operating under the interim status standards of Subpart H of Part 265 of these regulations are subject to paragraph (g) of this section.

(b) Permit operating periods for new incinerators, boilers and industrial furnaces. A permit for a new incinerator, boiler or industrial furnace shall specify appropriate conditions for the following operating periods:

(1) Pretrial burn period. For the purposes of determining operational readiness following completion of physical construction, the Director must establish permit conditions, including but not limited to allowable waste feeds and operating conditions, in the permit to a new hazardous waste incinerator, boiler or industrial furnace.  These permit conditions will be effective for the minimum time required to bring the incinerator, boiler or industrial furnace to a point of operational readiness sufficient to conduct a trial burn, not to exceed 720 hours operating time for treatment of hazardous waste.  The Director may extend the duration of this operational period once, for up to 720 additional hours, at the request of the applicant when good cause is shown.  The permit may be modified to reflect the extension according to § 100.63 of these regulations.

(i) Applicants must submit a statement, with part B of the permit application, which suggests the conditions necessary to operate in compliance with the standards of §§ 264.342 through 264.345 of these regulations during this period. This statement should include, at a minimum, restrictions on the applicable operating requirements identified in § 264.346 of these regulations.

(ii) The Director will review this statement and any other relevant information submitted with part B of the permit application and specify requirements for this period sufficient to meet the performance standards of §§ 263.342 through 264.345 of these regulations based on his/her engineering judgment.

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36) Revise paragraphs (c)(5), (c)(8) and (c)(10) of Section 100.28 to read as follows:

§ 100.28  Permits for incinerators, boilers, and industrial furnaces burning hazardous waste.

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(c) Requirements for trial burn plans. The trial burn plan must include the following information. The Director, in reviewing the trial burn plan, shall evaluate the sufficiency of the information provided and may require the applicant to supplement this information, if necessary, to achieve the purposes of this paragraph:

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(5) A detailed test schedule for each hazardous waste for which the trial burn is planned, including date(s), duration, quantity of hazardous waste to be burned, and other factors relevant to the Director's decision under paragraph (d)(2) of this section.

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(8) Procedures for rapidly stopping the hazardous waste feed, shutting down the incinerator, and controlling emissions in the event of an equipment malfunction.

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(10) Such other information as the Director reasonably finds necessary to determine whether to approve the trial burn plan in light of the purposes of this paragraph and the criteria in paragraph  (d)(2) of this section.

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37) Revise paragraph (d)(4) of Section 100.28 to read as follows:

§ 100.28  Permits for incinerators, boilers, and industrial furnaces burning hazardous waste.

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(d) Trial burn procedures. (1) A trial burn must be conducted to demonstrate conformance with the standards of §§ 264.342 through 264.345 of these regulations under an approved trial burn plan.

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(4) The applicant must submit to the Director a certification that the trial burn has been carried out in accordance with the approved trial burn plan, and must submit the results of all the determinations required in paragraph (f) of this section. This submission shall be made within 90 days of completion of the trial burn, or later if approved by the Director.

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38) Revise paragraph (f)(2)(iii) of Section 100.28 to read as follows:

§ 100.28  Permits for incinerators, boilers, and industrial furnaces burning hazardous waste.

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(f) Determinations based on trial burn. During each approved trial burn (or as soon after the burn as is practicable), the applicant must make the following determinations:

(1) A quantitative analysis of the levels of antimony, arsenic, barium, beryllium, cadmium, chromium, lead, mercury, thallium, silver, and chlorine/chloride, in the feed streams (hazardous waste, other fuels, and industrial furnace feedstocks);

(2) For determining compliance with the DRE trial burn:

(i) A quantitative analysis of the trial POHCs in the hazardous waste feed; 

(ii) A quantitative analysis of the stack gas for the concentration and mass emissions of the trial POHCs; and

(iii) A computation of destruction and removal efficiency (DRE), in accordance with the DRE formula specified in § 264.342(b) of these regulations;

(3) A quantitative analysis of the stack gas for the concentration and mass emission rate of the 2,3,7,8-chlorinated tetra-octa congeners of chlorinated dibenzo-p-dioxins and furans, and a computation showing conformance with the emission standard;

39) Revise paragraph (g) of Section 100.28 to read as follows:

§ 100.28  Permits for incinerators, boilers, and industrial furnaces burning hazardous waste.

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(g) Interim status incinerators, boilers and industrial furnaces. For the purpose of determining feasibility of compliance with the performance standards of §§ 264.342 through 264.345 of these regulations and of determining adequate operating conditions under Part 265, Subpart O of these regulations for incinerators and under Part 265, Subpart H of these regulations for boilers or industrial furnaces, applicants owning or operating existing incinerators, boilers or industrial furnaces operated under the interim status standards of Subpart O or Subpart H of Part 265 of these regulations must either prepare and submit a trial burn plan and perform a trial burn in accordance with the requirements of this section or submit other information as specified in § 100.41(b)(5)(v). The Director must announce his or her intention to approve of the trial burn plan in accordance with the timing and distribution requirements of paragraph (d)(3) of this section. The contents of the notice must include: the name and telephone number of a contact person at the facility; the name and telephone number of a contact office at the permitting agency; the location where the trial burn plan and any supporting documents can be reviewed and copied; and a schedule of the activities that are required prior to permit issuance, including the anticipated time schedule for agency approval of the plan and the time periods during which the trial burn would be conducted. Applicants who submit a trial burn plan and receive approval before submission of the part B permit application must complete the trial burn and submit the results specified in paragraph (f) of this section with the part B permit application. If completion of this process conflicts with the date set for submission of the part B application, the applicant must contact the Director to establish a later date for submission of the part B application or the trial burn results. If the applicant submits a trial burn plan with part B of the permit application, the trial burn must be conducted and the results submitted within a time period prior to permit issuance to be specified by the Director.

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40) Revise paragraphs (b)(5) and (b)(5)(ii) of Section 100.41 to read as follows: 

§ 100.41 STATE RCRA PERMIT.  CONTENTS OF APPLICATION (PART B).

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(b) Specific information requirements.  The following additional information is required from owners or operators of specific types of HWM facilities that are used or to be used for storage or treatment:

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(5) For facilities that incinerate, process or otherwise burn hazardous waste in incinerators, boilers, or industrial furnaces, except as § 264.340 of these regulations provides otherwise, the applicant must fulfill the requirements of paragraphs (b)(5)(i), (ii) and (iii) as applicable to the trial burn for metals emissions, (iv) as applicable to the trial burn for total chloride or chlorine emissions, and (v) of this section.  All Applicants must follow the procedures of C.R.S. 25-15-Part 5 for obtaining a certificate of designation (CD) for a facility applying for a permit to burn hazardous waste under the requirements of Part 264-Subpart O.

(i) When seeking exemption under § 264.340(b) or (c) of these regulations (ignitable, corrosive or reactive wastes only): 

(A) Documentation that the waste is listed as a hazardous waste in Part 261, Subpart D, of these regulations solely because it is ignitable (Hazard Code I), corrosive (Hazard Code C), or both; or

(B) Documentation that the waste is listed as a hazardous waste in Part 261, Subpart D, of these regulations solely because it is reactive (Hazard Code R) for characteristics other than those listed in § 261.23(a)(4) and (5) of these regulations, and will not be burned when other hazardous wastes are present in the combustion zone; or 

(C) Documentation that the waste is a hazardous waste solely because it possesses the characteristic of ignitability, corrosivity, or both, as determined by the tests for characteristics of hazardous wastes under Part 261, Subpart C, of these regulations; or

(D) Documentation that the waste is a hazardous waste solely because it possesses the reactivity characteristics listed in § 261.23(a)(1), (2), (3), (6), (7), or (8) of these regulations, and that it will not be burned when other hazardous wastes are present in the combustion zone; or 

(ii) Submit a trial burn plan or the results of a trial burn, including all required determinations, in accordance with § 100.28; or

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41) Revise paragraphs (b)(5)(iv)(D) and (b)(5)(iv)(E) of Section 100.41 read as follows: 

§ 100.41 STATE RCRA PERMIT.  CONTENTS OF APPLICATION (PART B).

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(b) Specific information requirements.  The following additional information is required from owners or operators of specific types of HWM facilities that are used or to be used for storage or treatment:

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(5) For facilities that incinerate, process or otherwise burn hazardous waste in incinerators, boilers, or industrial furnaces, except as § 264.340 of these regulations provides otherwise, the applicant must fulfill the requirements of paragraphs (b)(5)(i), (ii) and (iii) as applicable to the trial burn for metals emissions, (iv) as applicable to the trial burn for total chloride or chlorine emissions, and (v) of this section.   All Applicants must follow the procedures of C.R.S. 25-15-Part 5 for obtaining a certificate of designation (CD) for a facility applying for a permit to burn hazardous waste under the requirements of Part 264-Subpart O.

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(iv) Waiver of trial burn for HCL and Cl2. When seeking to be permitted under the Tier I (or adjusted Tier I) feed rate screening limits for total chloride and chlorine provided by § 264.345(b)(1) and (e) of these regulations that control emissions of hydrogen chloride (HCl) and chlorine gas (Cl2) without requiring a trial burn, the owner or operator must submit:

(A) Documentation of the feed rate of hazardous waste, other fuels, and industrial furnace feed stocks;

(B) Documentation of the levels of total chloride and chlorine in the hazardous waste, other fuels, and industrial furnace feedstocks, and calculations of the total feed rate of total chloride and chlorine;

(C) Documentation of how the applicant will ensure that the Tier I (or adjusted Tier I) feed rate screening limits provided by § 264.345(b)(1) or (e) of these regulations will not be exceeded during the averaging period provided by that paragraph;
			
(D) Documentation to support the determination of the terrain-adjusted effective stack height, good engineering practice stack height, terrain type, and land use as provided by § 264.345(b)(3) of these regulations;

(E) Documentation of compliance with the provisions of § 264.345(b)(4) of these regulations, if applicable, for facilities with multiple stacks;

(F) Documentation that the facility does not fail the criteria provided by § 264.345(b)(3) of these regulations for eligibility to comply with the screening limits; and

(G) Proposed sampling and analysis plan for total chloride and chlorine for the hazardous waste, other fuels, and industrial furnace feed stocks.

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42) Revise paragraph (b)(5)(x) of Section 100.41 to read as follows:

§ 100.41 STATE RCRA PERMIT.  CONTENTS OF APPLICATION (PART B).

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(b) Specific information requirements.  The following additional information is required from owners or operators of specific types of HWM facilities that are used or to be used for storage or treatment:

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(5) For facilities that incinerate, process or otherwise burn hazardous waste in incinerators, boilers, or industrial furnaces, except as § 264.340 of these regulations provides otherwise, the applicant must fulfill the requirements of paragraphs (b)(5)(i), (ii) as applicable to the trial burn for metals emissions, (iii) as applicable to the trial burn for total chloride or chlorine emissions, (iv) and (v) of this section.   All Applicants must follow the procedures of C.R.S. 25-15-Part 5 for obtaining a certificate of designation (CD) for a facility applying for a permit to burn hazardous waste under the requirements of Part 264-Subpart O.

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(x) Direct transfer. Owners and operators that use direct transfer operations to feed hazardous waste from transport vehicles (containers, as defined in § 264.346(f) of these regulations) directly to the incinerator, boiler or industrial furnace shall submit information supporting conformance with the standards for direct transfer provided by § 264.346(f) of these regulations.

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43) Revise Item L.7.b. of Appendix I of Section 100.63 to read as follows:

Appendix I to § 100.63 -- Classification of Permit Modification	

Modifications	
Class	
		
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L. Incinerators, Boilers, and Industrial Furnaces	
	
1. Changes to increase by more than 25% any of the following limits authorized in the permit: A thermal feed rate limit, a feedstream rate limit, a chlorine/chloride feed rate limit, a metal feed rate limit, or an ash feed rate limit. The Director will require a new trial burn to substantiate compliance with the regulatory performance standards unless this demonstration can be made through other means.	3	
2. Changes to increase by up to 25% any of the following limits authorized in the permit: A thermal feed rate limit, a feedstream feed rate limit, a chlorine/chloride feed rate limit, a metal feed rate limit, or an ash feed rate limit. The Director will require a new trial burn to substantiate compliance with the regulatory performance standards unless this demonstration can be made through other means.	2	
3. Modification of an incinerator, boiler or industrial furnace unit by changing the internal size or geometry of the primary or secondary combustion units, by adding a primary or secondary combustion unit, by substantially changing the design of any component used to remove HCl/Cl2, metals, or particulate from the combustion gases, or by changing other features of the incinerator, boiler or industrial furnace that could affect its capability to meet the regulatory performance standards. The Director will require a new trial burn to substantiate compliance with the regulatory performance standards unless this demonstration can be made through other means.	3	
4. Modification of an incinerator, boiler or industrial furnace unit in a manner that would not likely affect the capability of the unit to meet the regulatory performance standards but which would change the operating conditions or monitoring requirements specified in the permit. The Director may require a new trial burn to demonstrate compliance with the regulatory performance standards.	2	
	5. Operating requirements:		
a. Modification of the limits specified in the permit for minimum or maximum combustion gas temperature, minimum combustion gas residence time, oxygen concentration in the secondary combustion chamber, flue gas carbon monoxide and hydrocarbon concentration, maximum temperature at the inlet to the particulate matter emission control system, or operating parameters for the air pollution control system.  The Director will require a new trial burn to substantiate compliance with the regulatory performance standards unless this demonstration can be made through other means.	3	
b. Modification of any stack gas emission limits specified in the permit, or modification of any conditions in the permit concerning emergency shutdown or automatic waste feed cutoff procedures or controls.
c.  Modification of any other operating condition or any inspection or recordkeeping requirement specified in the permit.	3

2	
	6. Burning of different wastes:		
a. If the waste contains a POHC that is more difficult to burn than authorized by the permit or if burning of the waste requires compliance with different regulatory performance standards than specified in the permit. The Director will require a new trial burn to substantiate compliance with the regulatory performance standards unless this demonstration can be made through other means.	3	
b. If the waste does not contain a POHC that is more difficult to burn than authorized by the permit and if burning of the waste does not require compliance with different regulatory performance standards than specified in the permit.	2	
Note: See § 100.63(g) for modification procedures to be used for the management of newly listed or identified wastes.		
	7. Shakedown:		
a. Modification of permit conditions applicable during the shakedown period for determining operational readiness after construction, with prior approval of the Director.	2	
b. Authorization of up to an additional 720 hours of waste burning during the shakedown period for determining operational readiness after construction, with the prior approval of the Director.	11	
	8. Trial Burn:		
a. Changes in the approved trial burn plan for conducting an initial trial burn, provided the change is minor and has received the prior approval of the Director.	11	
b. Changes in the approved trial burn plan for conducting an initial trial burn, if the change is not minor.	2	
c. Changes in the approved trial burn plan to conduct additional trial burn testing under revised conditions if the unit has not met one or more conditions of a previous trial burn.	2	
d. Modification of permit conditions applicable during the post-trial burn period, with prior approval of the Director.	2	
e. Changes in the operating requirements set in the permit to reflect the results of the trial burn.  (*Modification of the trial permit to incorporate final operating conditions will be either a Class 2 or 3 permit modification following the procedures of § 100.63(d)). 	2 or 3*	
	9. Substitution of an alternative type of nonhazardous waste fuel that is not specified in the permit.	1	

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	FOOTNOTE: 1Class 1 Modifications requiring prior Department approval.
	Note:  Permittees should use the procedures in §100.63(d) if a proposed modification is not listed in this appendix.
	An attached statement of basis and purpose for these regulations has been adopted by the Board of Health and is hereby incorporated by reference in these regulations pursuant to C.R.S. 1973, 24-4-103. 

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44) Add Section 8.95 (Statement of Basis for the Rulemaking Hearing of May 19, 2020) to Part 8 of the Regulations to read as follows:

Statement of Basis and Purpose
Rulemaking Hearing of May 19, 2020

8.95	Basis and Purpose.

These amendments to 6 CCR 1007-3, Parts 260, 261, 264, 265, 267 and 100 are made pursuant to the authority granted to the Solid and Hazardous Waste Commission in § 25-15-302(2), C.R.S.

Correction of Typographical Errors and Inadvertent Omissions

These amendments correct typographical errors and inadvertent omissions that exist in §§ 260.10, 261.6, 264.1, 264.340, 264.341, 264.342, 264.344, 264.345, 264,346, 264.347, Appendix VII to Section 264.348, Appendix IX to Section 264.348, 265.140, 265.340, 265.347, 265.352, Part 267 Table of Contents, Subpart D of Part 267, 100.28, 100.41, and Appendix I to 100.63.

These amendments provide state equivalency with the applicable federal requirements, and include amendments being made in response to EPA comments regarding review of Colorado’s regulations for incinerators, boilers and industrial furnaces.