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TITLE 30ENVIRONMENTAL QUALITY
PART 1TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 113STANDARDS OF PERFORMANCE FOR HAZARDOUS AIR POLLUTANTS AND FOR DESIGNATED FACILITIES AND POLLUTANTS
SUBCHAPTER DDESIGNATED FACILITIES AND POLLUTANTS
DIVISION 2HOSPITAL/MEDICAL/INFECTIOUS WASTE INCINERATORS
RULE §113.2075Compliance and Performance Testing Requirements

(a) Except as provided in subsection (b) of this section, each hospital/medical/infectious waste incinerator (HMIWI) unit shall meet the following compliance and performance testing requirements.

  (1) The owner or operator of an affected facility shall ensure an initial performance test is conducted to determine compliance with the emission limits using the test methods and procedures listed in Table 4 of this paragraph and subparagraphs (A)-(H) of this paragraph. The use of the bypass stack during a performance test shall invalidate the performance test.

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    (A) All performance tests shall consist of a minimum of three test runs conducted under representative operating conditions.

    (B) The minimum sample time shall be one hour per test run unless otherwise indicated.

    (C) EPA Test Method 1 of 40 Code of Federal Regulations (CFR) 60, Appendix A, shall be used to select the sampling location and number of traverse points.

    (D) EPA Test Method 3 or 3A of Appendix A shall be used for gas composition analysis, including measurement of oxygen concentration. Method 3 or 3A shall be used simultaneously with each test method referenced in Table 4 of this paragraph.

    (E) The pollutant concentrations shall be adjusted to 7.0% oxygen using the following equation.

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    (F) If the affected facility has selected the toxic equivalent quantity method for dioxins/furans, the following procedures shall be used to determine compliance:

      (i) measure the concentration of each dioxin/furan tetra- through octa-cogener emitted using EPA Reference Method 23;

      (ii) for each dioxin/furan cogener, multiply the cogener concentration by its corresponding toxic equivalency factor specified in Table 5 of this clause; and

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      (iii) sum the products calculated in clause (ii) of this subparagraph to obtain the total concentration of dioxins/furans emitted in terms of toxic equivalency.

    (G) If the affected facility has selected the percentage reduction method for hydrogen chloride (HCl), the percentage reduction in HCl (%RHCl) is computed using the following formula.

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    (H) If the affected facility has selected the percentage reduction method for metals (lead, cadmium, or mercury), the percentage reduction of each metal (% Rmetal) is computed using the following formula.

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  (2) Following the date on which the initial performance test is completed or is required to be completed under §113.2079 of this title (relating to Compliance Schedules), whichever date comes first, the owner or operator of an affected facility shall:

    (A) determine compliance with the opacity limit by conducting an annual performance test (no more than 12 months following the previous performance test) using the applicable procedures and test methods listed in Table 4 of paragraph (1) of this subsection;

    (B) determine compliance with the particulate matter (PM), carbon monoxide (CO), and HCl emission limits by conducting an annual performance test (no more than 12 months following the previous performance test) using the applicable procedures and test methods listed in paragraph (1) of this subsection. If all three performance tests over a three-year period indicate compliance with the emission limit for a pollutant (PM, CO, or HCl), the owner or operator may forego a performance test for that pollutant for the subsequent two years. At a minimum, a performance test for PM, CO, or HCl shall be conducted every third year (no more than 36 months following the previous performance test). If a performance test conducted every third year indicates compliance with the emission limit for a pollutant (PM, CO, or HCl), the owner or operator may forego a performance test for that pollutant for an additional two years. If any performance test indicates noncompliance with the respective emission limit, a performance test for that pollutant shall be conducted annually until all annual performance tests over a three-year period indicate compliance with the emission limit. The use of the bypass stack during a performance test shall invalidate the performance test; and

    (C) facilities using a continuous emissions monitoring system (CEMS) to demonstrate compliance with any of the emission limits shall:

      (i) determine compliance with the appropriate emission limits using a 12-hour rolling average, calculated each hour as the average of the previous 12 operating hours (not including startup, shutdown, or malfunction); and

      (ii) operate all CEMS in accordance with the applicable procedures under 40 CFR 60, Appendixes B and F.

  (3) For an affected facility equipped with a dry scrubber followed by a fabric filter, a wet scrubber, or dry scrubber followed by both a fabric filter and a wet scrubber, the following conditions apply.

    (A) The owner or operator shall establish the appropriate maximum and minimum operating parameters, indicated in Table 6 of this subparagraph for each control system, as site specific operating parameters based on data obtained from the initial performance test to determine compliance with the emission limits.

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    (B) Following the date on which the initial performance test is completed or is required to be completed, whichever date comes first, the owner or operator shall ensure that the affected facility does not operate above any of the applicable maximum operating parameters or below any of the applicable minimum operating parameters listed in Table 6 of subparagraph (A) of this paragraph and measured as three-hour rolling averages (calculated each hour as the average of the previous three operating hours) at all times except during periods of startup, shutdown, and malfunction. Operating parameter limits do not apply during performance tests. Operation above the established maximum or below the established minimum operating parameters shall constitute a violation of established operating parameters. Except as provided in subparagraph (C) of this paragraph, operation of affected facilities outside of the operating parameter limit combinations as listed in Table 7 of this subparagraph shall constitute violations of the applicable emission standards.

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    (C) The owner or operator may conduct a repeat performance test within 30 days of violation of applicable operating parameters to demonstrate that the affected facility is not in violation of the applicable emission limits. Repeat performance tests conducted under this subparagraph shall be conducted using the identical operating parameters that indicated a violation under subparagraph (B) of this paragraph.

  (4) The owner or operator of an affected facility using an air pollution control device other than a dry scrubber followed by a fabric filter, a wet scrubber, or a dry scrubber followed by a fabric filter and a wet scrubber to comply with the emission limits under §113.2072 of this title (relating to Emission Limits), shall petition the executive director or his designated representative for other site-specific operating parameters to be established during the initial performance test and continuously monitored thereafter. The owner or operator shall not conduct the initial performance test until after the petition has been approved by the executive director or his designated representative.

  (5) The owner or operator of an affected facility may conduct a repeat performance test at any time to establish new values for the operating parameters. The executive director or his designated representative may also request a repeat performance test at any time.

(b) Each small-remote HMIWI unit, as defined in §113.2070 of this title (relating to Definitions) shall demonstrate compliance with §113.2072 of this title by meeting the following compliance and performance testing requirements.

  (1) The owner or operator shall conduct the performance testing requirements in subsection (a)(1)(A)-(E) of this section; Table 4 of subsection (a)(1) of this section for opacity, PM, CO, dioxins/furans, and mercury; and subsection (a)(2)(A) of this section, as appropriate. The 2,000 pound per week limitation under §113.2072(a)(4) of this title does not apply during performance tests.

  (2) The owner or operator shall establish maximum charge rate and minimum secondary chamber temperature as site-specific operating parameters during the initial performance test to determine compliance with applicable emission limits.

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