No person shall cause, suffer, allow, or permit the burning of hazardous waste as fuel for energy recovery in any facility that accepts hazardous waste as fuel from off-site sources which involves a commercial transaction or a change in ownership of the waste and is not regulated by the United States Environmental Protection Agency at 40 Code of Federal Regulations (CFR) Part 264 or 265, Subpart O, unless the following requirements are met.
  (1) Particulate emissions shall not exceed 0.18 gram per dry standard cubic meter or 0.08 grain per dry standard cubic foot, to include particulate matter caught by impinger train, when corrected for 7.0% oxygen in the stack gas according to the formula specified in §111.121(1) of this title (relating to Single-, Dual-, and Multiple-Chamber Incinerators).
  (2) Hydrogen chloride (HCl) emissions greater than 1.8 kilograms (four pounds) per hour shall be controlled with a minimum removal efficiency of 95%.
  (3) Destruction and removal efficiency (DRE) shall be at least 99.99% for each principal organic hazardous constituent (POHC) in each waste feed. The POHCs shall be selected according to the method at 40 CFR Part 264.342 and shall be approved in advance by the executive director. DRE shall be determined using the following formula.
Attached Graphic   (4) The facility shall perform a trial burn according to the requirements listed at 40 CFR Part 270.62 to determine compliance with paragraphs (1)-(3) of this section. The operating conditions and waste feed composition during a trial burn demonstrating compliance with the requirements of paragraphs (1)-(3) of this section shall be maintained as limits for subsequent operation for the facility. Substitution of new hazardous waste constituents and increases in the concentration of any hazardous waste constituent compared to the conditions existing during the trial burn will require retesting, unless such change or substitution has received written approval from the executive director. The operating limits shall be monitored continuously and shall include the following:
    (A) maximum carbon monoxide level in the exhaust gas of the combustion device;
    (B) minimum oxygen level in the exhaust gas of the combustion device;
    (C) maximum waste feed rate to the combustion device;
    (D) minimum combustion temperature;
    (E) an appropriate indicator of combustion gas velocity;
    (F) maximum total hydrocarbons in the exhaust gas of the combustion device; and
    (G) any other operating limit determined necessary by the executive director to ensure that the requirements of paragraphs (1)-(3) of this section are met.
  (5) The facility shall not burn any chlorinated hazardous waste or hazardous waste containing any of the following metals, unless the executive director has established an enforceable emission limit designed to protect public health for each metal and for toxic products of incomplete combustion.
Attached Graphic   (6) The facility shall maintain an automatic waste feed cutoff system which shall activate if the facility is not operating within the limits determined in accordance with paragraph (4) of this section and shall remain activated until the facility is operating within the limits determined in accordance with paragraph (4) of this section.
  (7) During start-up or shutdown of the facility, hazardous waste fuels must not be fed into the combustion zone unless the facility is operating within the limits determined in accordance with paragraph (4) of this section.
  (8) Fugitive emissions from the combustion zone shall be controlled by maintaining the combustion zone pressure lower than atmospheric pressure or by keeping the combustion zone totally sealed to prevent fugitive emissions.
  (9) Compliance with the requirements of paragraphs (1)-(4) and (6)-(8) of this section shall be as soon as practicable, but no later than December 31, 1991. Compliance with paragraph (5) shall be as soon as practicable, but no later than July 31, 1992. This paragraph applies to facilities burning hazardous waste as fuel prior to the effective date of this section. Facilities permitted after that date will be subject to compliance dates specified by permit.

Source Note: The provisions of this §111.124 adopted to be effective July 11, 1991, 16 TexReg 3605.