UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 6

1445 ROSS AVENUE SUITE 1200 DALLAS TX 75202-2733

January 1620 13

Steve Ki ppur Vice President Kippur Corporation PO Box 28898 Tucson Arizona 85726

RE Appl icabi lity Determination - New Source Performance Standards (NS PS) For Other Solid Waste Incinerators (OS WI) 40 Code of Federal Regulations (CFR) Part 60 Subpall FFFF Kippm Corporation (Kippur) EI Paso Texas Contraband Incinerator

Dear Mr Kippur

This letter is in response to your correspondence dated August 24 20 11 pertaining to the operation of a dual chamber conunercial incinerator which thermally destroys contraband fo r US Customs and Border Protection (CBP) at the Kippur facility located in EI Paso Texas Under separate cover (see EPA letter dated September 12 20 12) we disapproved your petition to use proposed Operating Parameter Limits (OPLs) for the OSWI Unit in lieu of installing a wet gas scrubber due to insuffici ent data However based upon the information you provided in your August 241h letter the United States Enviro nmental Protection Agency (EPA) agrees that the OSWI Unit is subj ect to regulation under NSPS Subpart FFFF In making our determination the following letters are referenced and provided as Enclosures for you r convenience

l Letter dated April 14 20 II from EPA to Kippur Corporation (EPAs April 20 II Letter) shyaddresses Petition dated October 72010 and requests specific information to both make an Applicabi lity Determination and to evaluate Kippms Petition for use of OPLs demonstrated via performance testing in li eu of a wet gas scrubber under the proper NSPS Subpart

2 Letter dated May 1 I 201 1 from Kippur Corporation to Texas Commission on Envirol1l11ental Quality (TCEQ) (Kippur s May 20 1 I Letter) - req uests exc lusion from NSPS Subpart FFFF on the basis of a goverrunent agency oversight of operations during contraband destruction

3 Letter dated July 28 20 1 I [rom EPA to TCEQ (EPAs July 20 1 I Letter) - regarding the issue of owneroperator and exemption from NSPS Subpart FFFF requirements for law enforcement agencies that ownoperate an OSWI Unit

4 Letter dated September 12 2012 from EPA to Kippur Corporation (EPA s September 20 12 Letter) - regarding the disapproval of a proposed Performance Test Plan to Establish OILs fo r the Ellaso Texas contraband incinerator

As noted in EPAs Apri l 20 1 I Letter we did not have suffic ient information pertaining to physical and operational changes made to the wlit at the time to further determine whether or not Kippms contraband incinerator should be regulated under NSPS Subpart FFFF as the company contended or NSPS Subpart EEEE In addition specific information was lacking to address your

bull RecycledlRecyclabie bull Printed wHh Vegetable ON Based Inks on 100 Recycled Paper (40 Postconsumerj

Steve Kippur Kippur Corporation Page 2 Applicability Determination Letter NSPS FFFF

Petition to comply with emission limitations by proposing OPLs for your system in lieu of using a wet scrubber to control emissions However EPAs July 2011 Letter clarified for TCEQ that the contraband incinerator did not meet the exemption li sted in either Subpart EEEE or Subpart FFFF and therefore must comply with the appropriate NSPS Subpart including the emissions limits technology standards performance testing record keeping and reporting requirements

Subsequent to EPAs July 20 II Letter Kippur submitted additional process and engineering information about the OSWI unit to EPA on August 24 20 11 that included a detailed description of the boundaries of the EI Paso OSWI unit an explanation of the process conditions which led to the addition of a second baghouse in 2010 calculations showing the change in exhaust air flow rate after installing the second baghouse and an analysis of how the higher air flow volume through the baghouses in parallel allowed an increase in the contraband feed rate through the OS WI unit Specificall y the higher air flow for greater exhaust cooling occurs past the afterburner such that the OSWI unit s original design capacity was not increased As explained in EPAs September 2012 Letter air pollution abatement equipment is not considered part of an OSWI unit therefore the changes made for the addition ofa second baghouse do not meet the criteria ofa modification that would make the Kippur incinerator subject to NS PS Subpart EEEE Therefore based upon the supplemental information provided in your August 24th letter the OSWI Unit is subject to regulation under NSPS Subpart FFFF

This determination is site-specific to the OSWI unit at the Kippur fac ility in EI Paso Texas EPA Region 6 s response has been coordinated with EPAs Office of Air Quality Plmming and Standards and EPAs Office of Enforcement and Compliance Assistance If you have any questions or concerns about thi s determination please contact Ms Diana Lundelius of my staff at 214-665shy7468 or at lundeliusdianaepagov

Sincerely

USteve 1110mp on Acting Associate Dil ctor AirToxics amp Inspection

Coordination Branch

cc Irvin Bilsky Bi lsky Environmental Charlene Spells EPA Office of Air Quality Plannil1g and Standards Marcia Mia EPA Office of Enforcement and Compliance Assurance Sean OBrien Texas Commission on Environmental Quality Miguel Parra City of EI Paso

Steve Kippur Kippur Corporation Page 2 Applicability Determination Letter NSPS FFFF

Petition to comply with emission limitations by proposing OPLs for your system in lieu of using a wet scrubber to control emissions However EPAs July 2011 Letter clarified for TCEQ that the contraband incinerator did not meet the exemption li sted in either Subpart EEEE or Subpart FFFF and therefore must comply with the appropriate NSPS Subpart including the emissions limits technology standards performance testing record keeping and reporting requirements

Subsequent to EPAs July 20 II Letter Kippur submitted additional process and engineering information about the OSWI unit to EPA on August 24 20 11 that included a detailed description of the boundaries of the EI Paso OSWI unit an explanation of the process conditions which led to the addition of a second baghouse in 2010 calculations showing the change in exhaust air flow rate after installing the second baghouse and an analysis of how the higher air flow volume through the baghouses in parallel allowed an increase in the contraband feed rate through the OS WI unit Specificall y the higher air flow for greater exhaust cooling occurs past the afterburner such that the OSWI unit s original design capacity was not increased As explained in EPAs September 2012 Letter air pollution abatement equipment is not considered part of an OSWI unit therefore the changes made for the addition ofa second baghouse do not meet the criteria ofa modification that would make the Kippur incinerator subject to NS PS Subpart EEEE Therefore based upon the supplemental information provided in your August 24th letter the OSWI Unit is subject to regulation under NSPS Subpart FFFF

This determination is site-specific to the OSWI unit at the Kippur fac ility in EI Paso Texas EPA Region 6 s response has been coordinated with EPAs Office of Air Quality Plmming and Standards and EPAs Office of Enforcement and Compliance Assistance If you have any questions or concerns about thi s determination please contact Ms Diana Lundelius of my staff at 214-665shy7468 or at lundeliusdianaepagov

Sincerely

USteve 1110mp on Acting Associate Dil ctor AirToxics amp Inspection

Coordination Branch

cc Irvin Bilsky Bi lsky Environmental Charlene Spells EPA Office of Air Quality Plannil1g and Standards Marcia Mia EPA Office of Enforcement and Compliance Assurance Sean OBrien Texas Commission on Environmental Quality Miguel Parra City of EI Paso

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 0

1445 ROSS AVENUE SUITE 1200 OALUIS TX 75202middot2733

r~bull

April 14 ~O l I

Mr Steve Kippur Vice President Kippur Cllrporalion PO Box 28818 Tucson Arizonltl 85726

RE Applicability Determination (AD) and Petition for Altemalivc Emissions Control of Commercial Contrahtlllli Incinerator subjeclto New Source Perronnance Standards (NSPS) for Other Solid Waste Incinerator (OSWI) Units - at the Kippur Corporation facility located in EI Puso Texas

Dear Mr Kippur

This letter is in response to your Petition dated October 7 20 10 where you request approval of Operating Pammeter Limits (OPls) under NS PS Subpart FFFr to limit emissions in some other manner than through usc of a wet scrubber for )ollr commercial incineralor located in EI Paso Texas As delineated within the Enclosure to Ulis response the United States Environmental Protcction Agency (EPA) denies your Petition due 10 a lack of information pertaining to U1C reecnt modilication made to increase the design capacity 0( the unit as well as a lack (If infonnation pertaining to both the proper characterization of material fired to the OS W I Unit and the pror operation testing and subsequcnt monitoring of the OSWI unil lrltl[Xlsed

AI(hough supplemental in(oI1l1a(ion was submiued on January 24 20 f I ((Ie iniimnafion did Mt address our concerns SpccilicaU) Kippur may resubmit a Petition with all pertinent data and information that wiU allow EPA to makc an Applicability Detennination and dfcetivdy cvaluate Ihe appropriateness ofOPLs proposed given actual OSWI Unit operations as outlined in our Enclosure Please Ix aware that Ms Kathleen isling of my staff discussed preliminary infonnation needs several times with your contractor Mr Irvin Bilsky who disagreed with llur need for additional inlonnation On March 9 20 11 Mr Bilsky informed us that he would provide no furth er informationlhan that already provided Therefore JPA Region 6 Illu st deily your Petition as submitted

Il1Iwmt AddIelli (lJFU bull IltlOWW tPoL~01I~1Q(I6 RflcyctodJRecyclablu bull PMOO mil IIII-JptolblO 0I 1 11 I~oo Inl on 101 fiOC)Clod ~lINf Prxt~ ChlcentllU Frgt1J

This response has been cllonlinated with EPAmiddot s Offkc of Air Quality Planning and

Standards (OAOIS) and EImiddots Oftice of Enforcement and Compliance Assistance (OEC A) If

you have any questions or concems about this deten nination plcase contact Ms Kathleen

A isl ing of my stafr at 214-61gt5-6106 or Ms Cynthia Kaleri of my stalT lit 214-665-6772

Sincerely

~ -~

(c middot1~a David r Garda Associate Dircctor

iTl1o(i~ amp Impccion Coordinati on Ilranch

Enclosure

ec Charlcne Spell s (OAQPS)

Marcia Mia (OECA)

Kent Wilggoner (Texas Commission on Environmental Quality)

Miguel Parra (City of 101 Iaso)

ENCLOSU RE EPA REGIO~ 6 EVALUATION

Applicability Drtcrmination and OPLs Petition

KIPPUR COtMERCIAI OCWl UNIT E PASO TFXmiddotIS

Regarding applicability Kippur recently modified the OSWI Unit in order to incr~asc the amount ofcontraband material fired to the incinerator If a modification occurred then according to 40 CFR sect 602992 the OSWI Unit becomes subject to the NSPS Subpart EEEE and NSPS Subpart FFFF no longer applies Various references in the Petition refer to a modificatinn of capacity of the unit but no detuil is provided to assess changes made The Petition cover letter indiclt~tes that Subpart fFFF still appl ies implemented through the Federal Plan (Model Rule) published as part of 40 CFR Part 60 Subpltu1 FFFF1 since no capital expenditure occurred However moditiationmiddotmiddot is defined in both the gcmral provisions or the NSPS us well as Subparts FFrF anti EEEE and is Jclined separate ormiddotmiddotreconstructionmiddotmiddot (ie capital expenditure is 1101 a deciding factor for detcm1ining if a modificalion has occurred but is one 4two deciding actors for reconstruction) Also please note that the addition of a baghouse in parallel to the existing bughouse in order to control particulate emissions is not relevant in determining if a modification took place since APCE is not considered pari of the OSWI Unitlsee definition for OSWllJnit) Therefore in order lor EPA to make an applicability Jctcnnination the following engineering information andor process control claritications on operations of the OS WI Unit should be provided

I Originlttl design cnpacity of the unit and any changes made to the unit to increase the design capacity to the current capacity including the 1uc gas system the solid waste reed system grate system and bottom ash system

2 Clarify the type or OSVl Unit original design ie batch continuous or intcnnittent unit and describe any changes to the original design with current design typ~

3 If not already or fJily addressed in items 1 or 2 clarify how operational parameters may have changed in order to increase the contraband material fired to tht OWSI Unit

Regarding the Petition Kippur has requested to demonstrate compliance with emissi(m limitations by meeting the facilitys cumnt pem1itted wustc reed rate (recently revised pcnnit fnr increased k~d) and other spcc itic incinerator operating limits under Subpart FFFF that have be~n incorporated into the state pem1it Although the Petition included a submittal of the initial perfonnancc test plan the plan proided only lilllilcltl operational infmm1tion on the OSWI Unit did not contain specific enough infom1ation tn muke a dchrmimrtion or the appropriate NSPS Subpart (as discussed above) and was not surtieienllo approve the specific Petition

1 The Texas State Plan was never submitted and has not been approved for this particular Subpart (soe 40 CFR Part 62 Subpart SS 61 FR 55576 Oct 28 19961) requirements oflhc Model Rule arc incorporated into the TcxIS Administnnivc Code (T AC) Jitlc 30 Part l Chapter 11 3 Sulgtdlilptcr D Divbiln 5 in order for the Stute tv issut a petmit for tperat iuns and imphrncnt the emission guidelilllS

pound11dollre EPA lppliwhilily JJercrminarion amp Peririo11 E1middotauutio11 Kippur ( mnmercial ()II (nil Puw 2 of 3

Spec~f~cutly Kppm P~~atls a ~lttlr ltn t~at ohlm~- 0~~rltiut 0l t IJn gthch incinerates contrahand li)r US Customs and other law enforcement agencies The unit burns packaging such as cardbuard unJ plastic wrapped around tbt contrabnml which varies both in thickness and -pcci fic tyre or material from load to load The plastic wmp i~ assumed to comprise up to 39 ofthe material Jlrcd but the potential chlorine C110ltntofthc wrupping and the contrnbund bus not been provided Upon discussion with experts in our Otlicc of Air Quality Planning and Standanls (OAQPS) EPA believe that the chlorine content of U1e plastic wrapping can be up to 30 by weight Of course the Petition and supplement information (provided on January 24 2011) has indicated that plastic suitcases arc occasionally actcpkd anJ fmd to the unit (rather than segregating material from the suitcases) and different assumptions arc used tor hi ~r~n mmiddotas ofou wamiddots~ bum~ b t~a)n no monilu)on on p1)cniit -chmnc C7bullnC)

has been proidcd for the suitcases

As di~cusscd above operations were modified last year in ord~r to bum doubic the amount of material previously tired to the OWSI unil (eg bull current capacity of 1000 lhslhr marijuana) and an addi ti onal fabric filtration bag house was installed in parnllcl with the existing bughouse control device in oruer to control incrcuscu particulall emissions However such APCE docs no t control hydrogen choriJc (HCI) or hydrogen lloridc (HF) pollutants The precursors to HCI emissions ltan be found both in the marijuana and in the plastic wrapping mntcrial Since proper characterization of the wrapping and contraband were not provided to dctcnninc maximum mass loading to the OSWl Unit over time and due to the high vuriability of the material actually bumcd over short durations EPA cannot approve your Petition at this time In fact bnscd upon the infonnntion you have provided to date EPA is concerned that the performance test may not be representative of Kippurs incinerator operating conditions and may not sufiiciently demonstrate worst case ~missions over time

Specitically NSPS Subpart EEEE has identical requirements as Subpart FFFF in terms of a petition to control emissions other than via a wet scrubber so we have cvtluatcd your P~tition in light of requirements applicable under either Subpart Based upon the in formation providcu in your Pctititm and also that supplemental information that you provided on January 24201 1 EPA is concerned about the following delicicncics

1 The adequacy of current pcnnit oplrating limits given actual operating protocols and monitoring proposed

2 The potential Jack of control for certain hazardous air pollutant emissions in view of the trpe of APCE being used and the improper considerationcharacterization of nil material as Gnu to the OSWf Unit including an analysis of pollutants not fully combusted2

and

Products of lrcompletc Cfmbustion (PICs) arc not addressed rtt all in the pcrtonnancc test plan Supplemental infonnation proviltled indicates v~ry short startup pruccdurcs (ie tO minutes) with pcrhap~ inadtquate operatinnal protocols (eg rotation of ki ln is not initiated until contraband is fired to the combustion chamber) and cry short dumtion shutdon protocol ie 20- 30 minute~)

ENCLOSU RE EPA REGIO~ 6 EVALUATION

Applicability Drtcrmination and OPLs Petition

KIPPUR COtMERCIAI OCWl UNIT E PASO TFXmiddotIS

Regarding applicability Kippur recently modified the OSWI Unit in order to incr~asc the amount ofcontraband material fired to the incinerator If a modification occurred then according to 40 CFR sect 602992 the OSWI Unit becomes subject to the NSPS Subpart EEEE and NSPS Subpart FFFF no longer applies Various references in the Petition refer to a modificatinn of capacity of the unit but no detuil is provided to assess changes made The Petition cover letter indiclt~tes that Subpart fFFF still appl ies implemented through the Federal Plan (Model Rule) published as part of 40 CFR Part 60 Subpltu1 FFFF1 since no capital expenditure occurred However moditiationmiddotmiddot is defined in both the gcmral provisions or the NSPS us well as Subparts FFrF anti EEEE and is Jclined separate ormiddotmiddotreconstructionmiddotmiddot (ie capital expenditure is 1101 a deciding factor for detcm1ining if a modificalion has occurred but is one 4two deciding actors for reconstruction) Also please note that the addition of a baghouse in parallel to the existing bughouse in order to control particulate emissions is not relevant in determining if a modification took place since APCE is not considered pari of the OSWI Unitlsee definition for OSWllJnit) Therefore in order lor EPA to make an applicability Jctcnnination the following engineering information andor process control claritications on operations of the OS WI Unit should be provided

I Originlttl design cnpacity of the unit and any changes made to the unit to increase the design capacity to the current capacity including the 1uc gas system the solid waste reed system grate system and bottom ash system

2 Clarify the type or OSVl Unit original design ie batch continuous or intcnnittent unit and describe any changes to the original design with current design typ~

3 If not already or fJily addressed in items 1 or 2 clarify how operational parameters may have changed in order to increase the contraband material fired to tht OWSI Unit

Regarding the Petition Kippur has requested to demonstrate compliance with emissi(m limitations by meeting the facilitys cumnt pem1itted wustc reed rate (recently revised pcnnit fnr increased k~d) and other spcc itic incinerator operating limits under Subpart FFFF that have be~n incorporated into the state pem1it Although the Petition included a submittal of the initial perfonnancc test plan the plan proided only lilllilcltl operational infmm1tion on the OSWI Unit did not contain specific enough infom1ation tn muke a dchrmimrtion or the appropriate NSPS Subpart (as discussed above) and was not surtieienllo approve the specific Petition

1 The Texas State Plan was never submitted and has not been approved for this particular Subpart (soe 40 CFR Part 62 Subpart SS 61 FR 55576 Oct 28 19961) requirements oflhc Model Rule arc incorporated into the TcxIS Administnnivc Code (T AC) Jitlc 30 Part l Chapter 11 3 Sulgtdlilptcr D Divbiln 5 in order for the Stute tv issut a petmit for tperat iuns and imphrncnt the emission guidelilllS

pound11dollre EPA lppliwhilily JJercrminarion amp Peririo11 E1middotauutio11 Kippur ( mnmercial ()II (nil Puw 2 of 3

Spec~f~cutly Kppm P~~atls a ~lttlr ltn t~at ohlm~- 0~~rltiut 0l t IJn gthch incinerates contrahand li)r US Customs and other law enforcement agencies The unit burns packaging such as cardbuard unJ plastic wrapped around tbt contrabnml which varies both in thickness and -pcci fic tyre or material from load to load The plastic wmp i~ assumed to comprise up to 39 ofthe material Jlrcd but the potential chlorine C110ltntofthc wrupping and the contrnbund bus not been provided Upon discussion with experts in our Otlicc of Air Quality Planning and Standanls (OAQPS) EPA believe that the chlorine content of U1e plastic wrapping can be up to 30 by weight Of course the Petition and supplement information (provided on January 24 2011) has indicated that plastic suitcases arc occasionally actcpkd anJ fmd to the unit (rather than segregating material from the suitcases) and different assumptions arc used tor hi ~r~n mmiddotas ofou wamiddots~ bum~ b t~a)n no monilu)on on p1)cniit -chmnc C7bullnC)

has been proidcd for the suitcases

As di~cusscd above operations were modified last year in ord~r to bum doubic the amount of material previously tired to the OWSI unil (eg bull current capacity of 1000 lhslhr marijuana) and an addi ti onal fabric filtration bag house was installed in parnllcl with the existing bughouse control device in oruer to control incrcuscu particulall emissions However such APCE docs no t control hydrogen choriJc (HCI) or hydrogen lloridc (HF) pollutants The precursors to HCI emissions ltan be found both in the marijuana and in the plastic wrapping mntcrial Since proper characterization of the wrapping and contraband were not provided to dctcnninc maximum mass loading to the OSWl Unit over time and due to the high vuriability of the material actually bumcd over short durations EPA cannot approve your Petition at this time In fact bnscd upon the infonnntion you have provided to date EPA is concerned that the performance test may not be representative of Kippurs incinerator operating conditions and may not sufiiciently demonstrate worst case ~missions over time

Specitically NSPS Subpart EEEE has identical requirements as Subpart FFFF in terms of a petition to control emissions other than via a wet scrubber so we have cvtluatcd your P~tition in light of requirements applicable under either Subpart Based upon the in formation providcu in your Pctititm and also that supplemental information that you provided on January 24201 1 EPA is concerned about the following delicicncics

1 The adequacy of current pcnnit oplrating limits given actual operating protocols and monitoring proposed

2 The potential Jack of control for certain hazardous air pollutant emissions in view of the trpe of APCE being used and the improper considerationcharacterization of nil material as Gnu to the OSWf Unit including an analysis of pollutants not fully combusted2

and

Products of lrcompletc Cfmbustion (PICs) arc not addressed rtt all in the pcrtonnancc test plan Supplemental infonnation proviltled indicates v~ry short startup pruccdurcs (ie tO minutes) with pcrhap~ inadtquate operatinnal protocols (eg rotation of ki ln is not initiated until contraband is fired to the combustion chamber) and cry short dumtion shutdon protocol ie 20- 30 minute~)

pound11dollre EPA lppliwhilily JJercrminarion amp Peririo11 E1middotauutio11 Kippur ( mnmercial ()II (nil Puw 2 of 3

Spec~f~cutly Kppm P~~atls a ~lttlr ltn t~at ohlm~- 0~~rltiut 0l t IJn gthch incinerates contrahand li)r US Customs and other law enforcement agencies The unit burns packaging such as cardbuard unJ plastic wrapped around tbt contrabnml which varies both in thickness and -pcci fic tyre or material from load to load The plastic wmp i~ assumed to comprise up to 39 ofthe material Jlrcd but the potential chlorine C110ltntofthc wrupping and the contrnbund bus not been provided Upon discussion with experts in our Otlicc of Air Quality Planning and Standanls (OAQPS) EPA believe that the chlorine content of U1e plastic wrapping can be up to 30 by weight Of course the Petition and supplement information (provided on January 24 2011) has indicated that plastic suitcases arc occasionally actcpkd anJ fmd to the unit (rather than segregating material from the suitcases) and different assumptions arc used tor hi ~r~n mmiddotas ofou wamiddots~ bum~ b t~a)n no monilu)on on p1)cniit -chmnc C7bullnC)

has been proidcd for the suitcases

As di~cusscd above operations were modified last year in ord~r to bum doubic the amount of material previously tired to the OWSI unil (eg bull current capacity of 1000 lhslhr marijuana) and an addi ti onal fabric filtration bag house was installed in parnllcl with the existing bughouse control device in oruer to control incrcuscu particulall emissions However such APCE docs no t control hydrogen choriJc (HCI) or hydrogen lloridc (HF) pollutants The precursors to HCI emissions ltan be found both in the marijuana and in the plastic wrapping mntcrial Since proper characterization of the wrapping and contraband were not provided to dctcnninc maximum mass loading to the OSWl Unit over time and due to the high vuriability of the material actually bumcd over short durations EPA cannot approve your Petition at this time In fact bnscd upon the infonnntion you have provided to date EPA is concerned that the performance test may not be representative of Kippurs incinerator operating conditions and may not sufiiciently demonstrate worst case ~missions over time

Specitically NSPS Subpart EEEE has identical requirements as Subpart FFFF in terms of a petition to control emissions other than via a wet scrubber so we have cvtluatcd your P~tition in light of requirements applicable under either Subpart Based upon the in formation providcu in your Pctititm and also that supplemental information that you provided on January 24201 1 EPA is concerned about the following delicicncics

1 The adequacy of current pcnnit oplrating limits given actual operating protocols and monitoring proposed

2 The potential Jack of control for certain hazardous air pollutant emissions in view of the trpe of APCE being used and the improper considerationcharacterization of nil material as Gnu to the OSWf Unit including an analysis of pollutants not fully combusted2

and

Products of lrcompletc Cfmbustion (PICs) arc not addressed rtt all in the pcrtonnancc test plan Supplemental infonnation proviltled indicates v~ry short startup pruccdurcs (ie tO minutes) with pcrhap~ inadtquate operatinnal protocols (eg rotation of ki ln is not initiated until contraband is fired to the combustion chamber) and cry short dumtion shutdon protocol ie 20- 30 minute~)

lIelowre - 101 Iplieahilill 1)ltIiioll amp PClil ioll oluwi iIPu) (oe1ei1 (SIlII IIil Pag 3 0(3

3 The non-rcprcscntat iw design of propused pcrlllrnwnce testing and subsequent monitoring in view ofth current intiJm1ution pc-rlaining to actual opcratinl1SoC thc OS IV I Unit

Therefore and pursuant to(l eFR sect 60302 (orO eFR sect 602917) Kippur must provide a petition that nul only idenlities specilic OPLs but dearl) explains 110 Ihe Ol ls will scre to limit emissions of the regulated pollutants (incluuing I le i) to ensure compliance with the rule (ie how proposed testing anu continued monit(ring of the parameters will ensure that the incincra(1r and control deliccs arc operal ing 10 meet the slandards in Tobie 2 to Subpart FfFFSubpnrt EEEE) In addilion and pursuanl lOO eFR sect GO8 Kippur must proide a bum test protocollhal is representative of aClual operations and evaluntes worSI case emissions (i e maximum mass loadings (or compounds of concern) from the OSW I Unil over time

P P U R ORP Custom Incineration

8770 Castner El Paso Texas 79907 Mailing Address PO Box 28898 Tucson Arizona 85726

(520) 237-4852 Fax (520) 748-2752

RECEIVE~May 112011

MAY 112011 Mr Sean OBrien Texas Commission on Environmental Quality AIR PERMITS DIVISlOf Air Quality Division (MC-163) PO Box 13087 Austin Texas 78711-3087

TCEQ Air Permit No 91547 Alteration Request Kippur Corporation-Contraband Incinerator Regulated Entity No RN101694933 Customer Reference No CN600916209 TCEQ Air Account No 95-0074-P El Paso El Paso County Texas

Dear Mr OBrien

The Kippur Corporation (Kippur) is requesting an air permit alteration for its contraband incinerator located in El Paso Texas The facility was originally installed under Texas Commission on Environmental Quality (TCEQ) Permit by Rule (PBR) Registration No 50074 issued January 28 2002 and was limited to the destruction of 500 pound per hour (lblhr) contraband TCEQ issued air permit 91547 on May 10 2010 which authorized Kippur to increase the production capacity of the incinerator unit to 1000 lblhr marijuana and 10 lblhr narcotics The capacity increase was accomplished by installing additional baghouse capacity to debottleneck the incineration system with no capital expenditure to the incinerator combustion train On about August 2010 the air permit was altered to incorporate reference to the applicability of TCEQ Chapter 113 Subpart D Division 5 requirements in the air permit special conditions

The New Source Performance Standards (NSPS) at 40 CFR 60 Subpart FFFF - Emission Guidelines and Compliance Times for Other Solid Waste Incineration Units That Commenced Construction On or Before December 9 2004 (herein NSPS FFFF) specifies at section 602989 that this subpart does not directly affect incineration unit owners middotand operators but that unit owners and operators must comply with the State plan developed to implement this subpart On April 29 2009 TCEQ adopted new divisions to TCEQ Chapter 113 (Subpart D Division 5) to implement the federal emissions guidelines in NSPS FFFF for existing incineration units incorporating the content of the federal model rule The Kippur El Paso contraband incinerator was considered an other solid waste incineration (OSWI) unit as defmed TCEQ Chapter 113 Subpart D Division 5 since it meets the definition of a very small municipal waste combustion unit (ie a unit that has the capacity to combust less than 35 tons per day of municipal waste )

Texas Commission on Environmental Quality May 11 2011 Page 2

Units identified in NSPS FFFF at Section 602993 that are excluded from the state plan include (u)nits that combust contraband if the unit is owned or operated by a government agency such as police customs agricultural inspection or a similar agency to destroy only illegal or

prohibited goods such as illegal drugs [Section 602993(p))

Kippur has reviewed the definition of owner or operator at 40 CFR Part 60 Section 602 Definitions which states Owner or operator means any person who owns leases operates controls or supervises an affected facility or a stationary source ofwhich an affected facility is a part

While Kippur is the owner of the El Paso facility the US Customs and Border Protection (CBP) a federal governmental agency under the US Department of Homeland Security is an operator of the El Paso contraband incinerator facility authorized under TCEQ air permit 91547 The attached letter from Mr Dwight Mullens the Seized Property Supervisor for U S Customs and Border Protection in El Paso confirms that the government agency maintains a supervisory and oversight role in the operation of the El Paso contraband incinerator

Since CBP supervises operation of the EI Paso contraband incinerator the facility should be excluded from the requirements of TCEQ Chapter 113 and Kippur requests that air pennit no 91547 Special Conditions (namely Special Conditions 2 17 and 18) be changed to delete reference to the requirements of TCEQ Chapter 113 Subpart D Division 5 and that the pennit conditions incorporate reference to applicable provisions of TCEQ Chapter I ll Control of Air Pollution from Visible Emissions and Particulate Matter Subchapter A Division 2 Incineration

Kippur proposes no changes to the method of operation of the facility and no changes to the emission limits in the air permit Please let us know if additional information is needed If you or your staff has any questions please contact me at 520middot884middot 1554 or Irvin Bilsky Kippurs air consultant at 512middot799middot6048 Thank you for your consideration of this matter

Regards

Attachments Letter from US Customs and Border Protection Standard Operating Procedures for Kippur-El Paso Contraband Incinerator

Texas Commission on Environmental Quality May 112011 Page 3

cc Mr Kent Waggoner Air amp Waste Program Manager Texas Commission on Environmental Quality Region 6 401 East Franklin Suite 560 Ellaso Texas 79901-1212

Mr Miguel Parra Engineering Section Mgr Environmental Services Department City of El Paso 7968 San Paulo El Paso Texas 79905

Gilbert Anaya Environmental Management Division International Boundary and Water Commission 4171 North Mesa Suite C-l 00 El Paso Texas 79902-1441

Irvin L Bilsky PE Bilsky Environmental P O Box 26044 Austin Texas 78755

797 South Zaragosa Building D El Paso TX 79907

US Customs and Border Protection

RECEIVED MAY 112011

May4 2011 AIR PERMITS DIVISIDi

Mr Sean OBrien Work Leader Air Permits Division (MC-163) Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

Re TCEQAir Permit No 91547 Account No 95-0074-P

Regulated Entity No RN101694933 Department of Homeland Security US Customs amp Border Protection Contraband Incinerator Operating Considerations El Paso El Paso County Texas

Dear Mr OBrien

This letter is to clarify the supervisory and oversight ro le US Customs and Border Protection (CBP) plays in operation of the above-referenced incinerator facility for the processing of contraband at the Kippur Corporation (Kippu r) plant located at 8770 Castner Drive El Paso Texas It is the policy of CBP to maintain control of contraband in our custody during each burn CBP segregates and stores contraband in cardboard boxes or in bags and records the weight of each contraband bundle and package A convoy of CBP agents transports the contraband to the Kippur site and we unload the contraband inside the incinerator building near the incinerator feed system Kippur employees do not handle or control the contraband

Before a burn begins CBP security staff inspects the incinerator area After the inspection Kippur employees who have started the Incinerator with a startup fuel fire in the primary chamber bring the afterburner chamber up to the minimum required operating temperature CBP security staff then manually charge contraband staged at the feed conveyor into the incinerator feed mechanism and the hourly feed weights are recorded CBP officers load the feed system such that the 100010 pound per hour limit is not exceeded The feed conveyor belt speed is typically set so t hat t here cannot be more than 950 lbs an hour of marijuana feed into the primary combustion chamber and the narcotic feed ra te is manually limited to a less than 10 pounds per hour feed rate

When the final contraband package enters the incinerator CBP officers clean the area around the furnace for any contraband that may have fallen on the floor This is swept up and tossed into the incinerator We then do a final inspection of t he furnace after the last package of contraband is destroyed and the Incinerator is shut down

CBP has performed the above-described oversight of the operation of the EI Paso contraband incinerator since 2002 and will continue in our supervisory role at this facility_ If you have any questions regarding this matter please contact me at (915) 872 3444 opt 2 ext 5137 or Mr Gary Kippur at (520) 884-1554

Regards

Dwight Mullens Seized Property Supervisor US Customs and Border Protect ion

KIPPUR CORP Cus tom Incineration

8770 Castner E I Paso Texas 79907 RECElvEtI Mailing Address PO Box 28898 Tucson Arizona 85726 MAY 11 2011(520) 237-4852 Fax (520) 748-2752

~RPERMITS DIVISIOt Standard Operating Procedure for Kippur-EI Paso Contraband Incineration Unit

Normal Start-Up and Operation of EI Paso Contraband Incinerator Unit

An incineration facility operator will arrive prior to scheduled delivery of contraband for destruction by US Customs and Border Protection officers and pcrform the following functions

I) A Kippur facility operator will admit scheduled officers of US Customs and Border Protection (CBP) for staging of contraband for weigh-in and inspection of the facility An assisting operator will

a) start the baghouse system operating components and controls b) prepare fuel for startup fire and turn on combustion unit blowers c) ignite startup fire and tum on the afterburner d) check CO02 CEMS operation e) monitor the incinerator warm-up process and f) check the temperature and CEMS data loggers for proper connection

2) A CBP supervisor will be present among a contingent of officers who will be responsible to

a) visually inspect the facility scale low-speed shredder conveyor system the incinerator unit and the baghouse

b) bring to the attention of the assisting facility operator any detected misadjusted or broken equipment or items in need of repair or adjustment before commencing with the burn

c) complete the check-in process before any feed into the incinerator and acknowledge acceptability of facility operational status for start of contraband

feed (minimum afterburner operating temperature must be at least 1400 OF) d) initiate the feed of contraband into the incinerator feed system e) assure recording of time of day of start-up and time of day of initiation of feed

in the contraband incinerator log sheets as well as the time of day of the cessation of feed into the incinerator unit and

f) coordinate recording of the hourly weight of contraband feed in the incinerator log sheets distinguishing between marijuana feed and narcotics feed

3) The afterburner chamber must reach at least 1400 OF before starting contraband feed into the primary combustion chamber During operations required operating and monitoring data collected must be recorded in the incinerator log sheets including the start and end times of contraband feed into the incinerator unit the hourly feed rates

The Kippur Corporation EI Paso Contraband Incinerator Unit Operating Procedures Page 2

baghouse pressure drop observation for visible emissions from baghouse stack CEMS function and temperature monitoring data collection

4) The assisting Kippur facility operator will facilitate smooth operation by

a) monitoring incinerator operating parameters and make any adjustments as necessary to maintain optimal operating conditions

b) monitoring baghouse operating parameters and make any adjustments as necessary to assure maximum emissions control efficiency

c) inspecting the incinerator ash receiver during each burn through a slotted view port to assure proper ash collection and to remove any obstructions

5) The CBP incineration supervisor will

a) monitor contraband feed so that the 1000 lblhour marijuana and the 10 lblhour narcotics limits under the TCEQ air permit is adhered to and

b) confirm recording ofa distinctive log of the weights of contraband fed into the incinerator during the course of the entire burn and

c) receive confirmation of maintaining required unit operating parameters as burn proceeds

Safety and Emergency Procedures for the EI Paso Contraband Incinerator

1) No combustibles to be stored within fifteen feet of incinerator 2) Fire extinguishers to always be currently charged and accessible 3) Water hose to be in good working order and accessible 4) Temperature and control gauges on incinerator to be regularly monitored at least

hourly 5) Control gauges which automatically shut off gas supply in event of failure to be kept

in prime working order 6) All maintenance and repair work on incinerator to be completed by licensed and

qualified trades-people 7) In case of equipment failure the incinerator operator will attempt to resolve the problem

and report the incident to the Kippur-Tucson home office 8) In case of catastrophic failure employee will make sure building is evacuated and call

911

Normal Shutdown of the El Paso Contraband Incineration Unit

1) The shutdown period for the contraband incinerator starts after the last of the contraband is fed into the incinerator and the fire begins to die down The electric motor driven low-speed shredder and the conveyor feed belt are shut down

The Kippur Corporation El Paso Contraband Incinerator Unit Operating Procedures Page 3

2) For approximately the last 30 minutes of each bum incinerator rotation is slowed as the fire diminishes until the fire bums out with contraband fuel depletion The shutdown steps are typically monitored by CBP staff and carried out by the Kippur staff

a) b) c)

d) e)

as smoldering ceases the incinerator cools down after another 30 minutes shutdown the natural gas-fired afterburner and instrument panel after the cool-down period ashes remaining in the combustion chamber are raked into the ash bin shut down the baghouse system and process instrumentation the full ash bin is removed from the unit and is staged for an extended 5-day cool-down period after which cooled bottom ash is transferred from the ash bin into a waste hopper for disposal

3) At the end of the burn after the CBP supervisory personnel involved are satisfied that all contraband has been destroyed a designated law enforcement agency representative shall sign off on the Kippur-El Paso Contraband Incineration Log

4) The Kippur operator and CBP supervisor will stay until the incinerator cool down is complete and secure the facility before leaving the site The time of day of end of the observed incinerator cool-down period will be recorded in the log

The Kippur Corporation El Paso Contraband Incinerator Unit Operating Procedures Page 4

The Kippur Corporation EI Paso Contraband Incinerator Block Flow Diagram

EPN 1 Common

Contraband from Natural Gas Fuel Exhaust Stack Law Enfo rcement

Agen cy 1 I I

(mariju ana amp narco tics) Primary Afterburner Incinerator 8aghousesCombustion Chamber Exhaust Duct 1shy1-Chamber I

I

Startup Fuel 1 Cooling Air Fly Ash

Bottom Ash Bleed Collected for Off-Collected for Site Disposal

Disposal

The Kippur Corporation EI Paso Contraband Incinerator Unit Operating Procedures Page 5

Contraband Incinerator Unit Maintenance Schedule

The contraband incinerator is to be maintained by Kippur staff and records kept of the following

1) Weekly inspections (coinciding wscheduled burns) maintenance and records kept of the following

a) Inspect all combustion chambers for refractory damage and repair as needed b) Check natural gas fuel lines and connections for leaks and check afterburner

nozzles for blockage and repair as needed c) Check and clean blower fans as necessary d) Inspect and repair any structural area of the incinerator e) Check baghouse system pressure drop gauge settings are correct f) Check baghouse system air compressor system for proper operation g) Check and record baghouse system pressure drop reading at least once each

day of operation

2) Annual inspection and the following maintenance and recordkeeping will be completed by Kippur staff or contractors as necessary

a) Calibrate temperature monitoring instrumentation b) Calibrate weigh-in scale c) Inspect all burners igniters and temperature sensing devices d) Inspect for proper adjustment of combustion air and dilution air e) Inspect fresh air vents dampers fans and blowers for proper operation f) Inspect for proper sealing g) Inspect motors for proper operation h) Inspect combustion chamber refractory lining i) Inspect combustion chamber shells for corrosion andor hot spots j) Inspect baghouse system for leaks and check fabric filter media for integrity k) Inspect baghouse blower and motor for proper operation I) Check pressure drop gauge settings are correct m) Inspect air compressor systems for proper operation

The Kippur Corporation El Paso Contraband Incinerator Unit Operating Procedures Page 6

Contraband Incinerator Unit Monitoring

The following operating parameters are to be monitored and recorded for air permit and air regulation compliance determinations

1) afterburner chamber operating temperatures 2) baghouse pressure drop 3) visible emissions monitoring and opacity recordkeeping and 4) CEMS data for emission limitations compliance determinations

The secondary chamber (afterburner chamber) temperature will be monitored by temperature probes located in the afterburner chamber for the display monitor and for the data logger Temperature monitoring will record the temperature in IS-minute block averages (with a minimum of one cycle of operation per 15 minutes) and 3-hour block averages The data logger will be uploaded and saved to the PC every 30 calendar days while in operation

Baghouse pressure drop will be observed and recorded by the incinerator operating personnel at least once during each burn Incineration unit operator will record time and date of all baghouse system low pressure drop alarms and each inspection and maintenance steps taken in response to such alarms

The incinerator unit operator will make visible emissions observations and will make Reference Method 9 opacity observations and records whenever exhaust stack emissions are visible

All monitoring probes and associated instrumentation scales gauges and CEMS will be calibrated as required under state regulations federal regulations and air pennit 9 1547 special condition requirements

The Kippur Corporation El Paso Contraband Incinerator Unit Operating Procedures Page 7

Record Contraband Incinerator Unit Malfunctions and Corrective Actions Records and Reporting

For all malfunctions

I) Record the calendar date and time the malfunction began and ended in the El Paso Contraband Incinerator Malfunction and Maintenance Log

2) In the Log record the cause of the malfunction and describe the deviation from air regulation or air permit provision requirements

3) Also record the corrective actions taken including the calendar date and time the corrective action began and when it was completed

4) Determine whether the malfunction caused excess air contaminant emissions that require recording and reporting under the TCEQ Reportable Events requirement if so complete the TCEQ Reportable Event Form and provide timely notification to the TCEQ Region 6 office If notification to TCEQ is not required then prepare a Malfunction Log entry that documents why the emissions event is not reportable

5) Confirm in the Malfunction and Maintenance Log whether an operating limit or emissions limitation has been exceeded

6) The incinerator owner or operator should sign off on the incident reported in the Malfunction Log

7) Prepare and submit semi-annual deviation reports by August 1 of that year for data collected during the first balf of the calendar year (January 1 to June 30) and by February I of the following year for data collected during the second half of the calendar year (July 1 to December 31) (refer to TCEQ Chapter 113 section 1132339)

Also a deviation report is required if

a) any recorded 3-hour average parameter level is above the maximum operating limit or below the minimum operation limit established by TCEQ rule or air permit conditions

b) any recorded 12-hour average CO emission rate is above the emissions limitation c) the control device was bypassed or d) a performance test was conducted that showed a deviation from any emission

limitation

Possible Malfunction and Corrective Action Procedures

1 Control panel does not-display the secondary chamber temperature

a) Check the fuse and power to the panel and check all connections from the probe to the data logger

b) Test for ambient temperature readout at the control without thermocouple connection

The Kippur Corporation El Paso Contraband Incinerator Unit Operating Procedures Page 8

c) d)

Confirm whether there is a thennocouple failure or instrument failure Confirm that the thennocouple and data logger are operational before operating the contraband incinerator unit

2 Visible emissions are present out the stack a) Adjust incinerator unit feed rate and confinn afterburner chamber operating

temperature b) Adjust combustion chamber air intake draft c) Check for baghouse system malfunction (low pressure drop indicates

interruption of baghouse fabric integrity) and make control system inspection and necessary repairs

d) Note and record afterburner chamber temperature the date time and duration of excessive emissions andlor opacity in Malfunction and Maintenance Log

EI Paso Contraband Incinerator Unit Malfnnction and Maintenance Log

DatelTimeTime Time DatelTime

CorrectiveRepairs Corrective Unit Operator Date Malfunction Cause ofMalfunction CorrectiveMalfunction ActionAction Signature

Action Started Started Ended Completed

Use supplemental pages as necessary to indicate whether an operating limit or emission limitation was exceeded and whether there was an

emissions event that is reportable to TCEQ (refer to TCEQ Reportable Event Guidance Instructions and Reportable Event Form)

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION6

1445 ROSS AVENUE SUITE 1200 DALLAS TX 75202-2733

July 28 20 II

Sean OBrien Texas Commission on Environmental Quality Mail Code 163 PO Box 13087 Austin TX 78711-3087

RE Applicability Determination New Source Performance Standards (NSPS) for Other Solid Waste Incinerators (OS WI) Subparts EEEE and FFFI Kippur Corporation

Dear Mr OBrien

The purpose of this letter is to follow up on a telephone conversation between you and Kathleen Aisling of my staff on May 31 2011 regarding the Kippur Corp (Kippur) contraband incinerator located in El Paso Texas and the applicability ofNSPS Subparts EEEE and 1111 As further explained in this lettcr Kippurs operations of the incinerator do not meet the exemptions in NSPS Subpart EEEE and IFFI thus Kippur is subject to the regulations

Kippur operates a dual chamber commercial incinerator which incinerates contraband for US Customs and Border Protection (CBP) On October 7 2010 Kippur sent a petition to the Environmentallrotection Agency (EPA) under NSPS Subpart FFII(40 Code oflederal Regulations (CFR) sect 603024) requesting to limit emissions in a manner other than through the use of a wet scrubber or air pollution control device(APCD) EPAs April 142011 response letter said in part If a modification occurred then according to 40 CFR sect 602992 the OSWI Unit becomes subject to the NSPS Subpart EEEE and NSlS Subpart FFFF no longer applies In the letter EPA denied the petition as submil1ed but requested that engineering information and process control clarifications on operations of the OSWI unit be provided by Kippur so that we could make an applicability determination for Subparts EEEE and 1111 and re-evaluate the petition

On May 112011 Kippur wrote to the Texas Commission on Environmental Quality (TCEQ) without supplying-additional information stating that the incinerator was considered an other solid waste incineration (OS WI) unit that was regulated under TCEQ Chapter 113 Subpart D (NSPS Subpart 1111) Kippur also wrote Units identified in NSPS 1111 at sect 602993 that are excluded from the state plan include (u)nits that combust contraband if the unit is owned or operated by a government agency such as police customs agricultural inspection or a similar agency to destroy only illegal or prohibited goods such as illegal drugs [Section

602993(p)]

Kippurs May II 2011 letter further stated that Kippur had reviewed the definition of owner or operator at 40 CFR sect 602 Definitions which states Owner or operator means

Internet Address (UALJ bull httpwwwepagOVreglon6 RecycledRecyclable bull Prinle~ wi1h Vegetable Oil 8ased Inks on 100 Recycled Paper Process Chlorine Free

P P U R ORP Custom Incineration

8770 Castner El Paso Texas 79907 Mailing Address PO Box 28898 Tucson Arizona 85726

(520) 237-4852 Fax (520) 748-2752

RECEIVE~May 112011

MAY 112011 Mr Sean OBrien Texas Commission on Environmental Quality AIR PERMITS DIVISlOf Air Quality Division (MC-163) PO Box 13087 Austin Texas 78711-3087

TCEQ Air Permit No 91547 Alteration Request Kippur Corporation-Contraband Incinerator Regulated Entity No RN101694933 Customer Reference No CN600916209 TCEQ Air Account No 95-0074-P El Paso El Paso County Texas

Dear Mr OBrien

The Kippur Corporation (Kippur) is requesting an air permit alteration for its contraband incinerator located in El Paso Texas The facility was originally installed under Texas Commission on Environmental Quality (TCEQ) Permit by Rule (PBR) Registration No 50074 issued January 28 2002 and was limited to the destruction of 500 pound per hour (lblhr) contraband TCEQ issued air permit 91547 on May 10 2010 which authorized Kippur to increase the production capacity of the incinerator unit to 1000 lblhr marijuana and 10 lblhr narcotics The capacity increase was accomplished by installing additional baghouse capacity to debottleneck the incineration system with no capital expenditure to the incinerator combustion train On about August 2010 the air permit was altered to incorporate reference to the applicability of TCEQ Chapter 113 Subpart D Division 5 requirements in the air permit special conditions

The New Source Performance Standards (NSPS) at 40 CFR 60 Subpart FFFF - Emission Guidelines and Compliance Times for Other Solid Waste Incineration Units That Commenced Construction On or Before December 9 2004 (herein NSPS FFFF) specifies at section 602989 that this subpart does not directly affect incineration unit owners middotand operators but that unit owners and operators must comply with the State plan developed to implement this subpart On April 29 2009 TCEQ adopted new divisions to TCEQ Chapter 113 (Subpart D Division 5) to implement the federal emissions guidelines in NSPS FFFF for existing incineration units incorporating the content of the federal model rule The Kippur El Paso contraband incinerator was considered an other solid waste incineration (OSWI) unit as defmed TCEQ Chapter 113 Subpart D Division 5 since it meets the definition of a very small municipal waste combustion unit (ie a unit that has the capacity to combust less than 35 tons per day of municipal waste )

Texas Commission on Environmental Quality May 11 2011 Page 2

Units identified in NSPS FFFF at Section 602993 that are excluded from the state plan include (u)nits that combust contraband if the unit is owned or operated by a government agency such as police customs agricultural inspection or a similar agency to destroy only illegal or

prohibited goods such as illegal drugs [Section 602993(p))

Kippur has reviewed the definition of owner or operator at 40 CFR Part 60 Section 602 Definitions which states Owner or operator means any person who owns leases operates controls or supervises an affected facility or a stationary source ofwhich an affected facility is a part

While Kippur is the owner of the El Paso facility the US Customs and Border Protection (CBP) a federal governmental agency under the US Department of Homeland Security is an operator of the El Paso contraband incinerator facility authorized under TCEQ air permit 91547 The attached letter from Mr Dwight Mullens the Seized Property Supervisor for U S Customs and Border Protection in El Paso confirms that the government agency maintains a supervisory and oversight role in the operation of the El Paso contraband incinerator

Since CBP supervises operation of the EI Paso contraband incinerator the facility should be excluded from the requirements of TCEQ Chapter 113 and Kippur requests that air pennit no 91547 Special Conditions (namely Special Conditions 2 17 and 18) be changed to delete reference to the requirements of TCEQ Chapter 113 Subpart D Division 5 and that the pennit conditions incorporate reference to applicable provisions of TCEQ Chapter I ll Control of Air Pollution from Visible Emissions and Particulate Matter Subchapter A Division 2 Incineration

Kippur proposes no changes to the method of operation of the facility and no changes to the emission limits in the air permit Please let us know if additional information is needed If you or your staff has any questions please contact me at 520middot884middot 1554 or Irvin Bilsky Kippurs air consultant at 512middot799middot6048 Thank you for your consideration of this matter

Regards

Attachments Letter from US Customs and Border Protection Standard Operating Procedures for Kippur-El Paso Contraband Incinerator

Texas Commission on Environmental Quality May 112011 Page 3

cc Mr Kent Waggoner Air amp Waste Program Manager Texas Commission on Environmental Quality Region 6 401 East Franklin Suite 560 Ellaso Texas 79901-1212

Mr Miguel Parra Engineering Section Mgr Environmental Services Department City of El Paso 7968 San Paulo El Paso Texas 79905

Gilbert Anaya Environmental Management Division International Boundary and Water Commission 4171 North Mesa Suite C-l 00 El Paso Texas 79902-1441

Irvin L Bilsky PE Bilsky Environmental P O Box 26044 Austin Texas 78755

797 South Zaragosa Building D El Paso TX 79907

US Customs and Border Protection

RECEIVED MAY 112011

May4 2011 AIR PERMITS DIVISIDi

Mr Sean OBrien Work Leader Air Permits Division (MC-163) Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

Re TCEQAir Permit No 91547 Account No 95-0074-P

Regulated Entity No RN101694933 Department of Homeland Security US Customs amp Border Protection Contraband Incinerator Operating Considerations El Paso El Paso County Texas

Dear Mr OBrien

This letter is to clarify the supervisory and oversight ro le US Customs and Border Protection (CBP) plays in operation of the above-referenced incinerator facility for the processing of contraband at the Kippur Corporation (Kippu r) plant located at 8770 Castner Drive El Paso Texas It is the policy of CBP to maintain control of contraband in our custody during each burn CBP segregates and stores contraband in cardboard boxes or in bags and records the weight of each contraband bundle and package A convoy of CBP agents transports the contraband to the Kippur site and we unload the contraband inside the incinerator building near the incinerator feed system Kippur employees do not handle or control the contraband

Before a burn begins CBP security staff inspects the incinerator area After the inspection Kippur employees who have started the Incinerator with a startup fuel fire in the primary chamber bring the afterburner chamber up to the minimum required operating temperature CBP security staff then manually charge contraband staged at the feed conveyor into the incinerator feed mechanism and the hourly feed weights are recorded CBP officers load the feed system such that the 100010 pound per hour limit is not exceeded The feed conveyor belt speed is typically set so t hat t here cannot be more than 950 lbs an hour of marijuana feed into the primary combustion chamber and the narcotic feed ra te is manually limited to a less than 10 pounds per hour feed rate

When the final contraband package enters the incinerator CBP officers clean the area around the furnace for any contraband that may have fallen on the floor This is swept up and tossed into the incinerator We then do a final inspection of t he furnace after the last package of contraband is destroyed and the Incinerator is shut down

CBP has performed the above-described oversight of the operation of the EI Paso contraband incinerator since 2002 and will continue in our supervisory role at this facility_ If you have any questions regarding this matter please contact me at (915) 872 3444 opt 2 ext 5137 or Mr Gary Kippur at (520) 884-1554

Regards

Dwight Mullens Seized Property Supervisor US Customs and Border Protect ion

KIPPUR CORP Cus tom Incineration

8770 Castner E I Paso Texas 79907 RECElvEtI Mailing Address PO Box 28898 Tucson Arizona 85726 MAY 11 2011(520) 237-4852 Fax (520) 748-2752

~RPERMITS DIVISIOt Standard Operating Procedure for Kippur-EI Paso Contraband Incineration Unit

Normal Start-Up and Operation of EI Paso Contraband Incinerator Unit

An incineration facility operator will arrive prior to scheduled delivery of contraband for destruction by US Customs and Border Protection officers and pcrform the following functions

I) A Kippur facility operator will admit scheduled officers of US Customs and Border Protection (CBP) for staging of contraband for weigh-in and inspection of the facility An assisting operator will

a) start the baghouse system operating components and controls b) prepare fuel for startup fire and turn on combustion unit blowers c) ignite startup fire and tum on the afterburner d) check CO02 CEMS operation e) monitor the incinerator warm-up process and f) check the temperature and CEMS data loggers for proper connection

2) A CBP supervisor will be present among a contingent of officers who will be responsible to

a) visually inspect the facility scale low-speed shredder conveyor system the incinerator unit and the baghouse

b) bring to the attention of the assisting facility operator any detected misadjusted or broken equipment or items in need of repair or adjustment before commencing with the burn

c) complete the check-in process before any feed into the incinerator and acknowledge acceptability of facility operational status for start of contraband

feed (minimum afterburner operating temperature must be at least 1400 OF) d) initiate the feed of contraband into the incinerator feed system e) assure recording of time of day of start-up and time of day of initiation of feed

in the contraband incinerator log sheets as well as the time of day of the cessation of feed into the incinerator unit and

f) coordinate recording of the hourly weight of contraband feed in the incinerator log sheets distinguishing between marijuana feed and narcotics feed

3) The afterburner chamber must reach at least 1400 OF before starting contraband feed into the primary combustion chamber During operations required operating and monitoring data collected must be recorded in the incinerator log sheets including the start and end times of contraband feed into the incinerator unit the hourly feed rates

The Kippur Corporation EI Paso Contraband Incinerator Unit Operating Procedures Page 2

baghouse pressure drop observation for visible emissions from baghouse stack CEMS function and temperature monitoring data collection

4) The assisting Kippur facility operator will facilitate smooth operation by

a) monitoring incinerator operating parameters and make any adjustments as necessary to maintain optimal operating conditions

b) monitoring baghouse operating parameters and make any adjustments as necessary to assure maximum emissions control efficiency

c) inspecting the incinerator ash receiver during each burn through a slotted view port to assure proper ash collection and to remove any obstructions

5) The CBP incineration supervisor will

a) monitor contraband feed so that the 1000 lblhour marijuana and the 10 lblhour narcotics limits under the TCEQ air permit is adhered to and

b) confirm recording ofa distinctive log of the weights of contraband fed into the incinerator during the course of the entire burn and

c) receive confirmation of maintaining required unit operating parameters as burn proceeds

Safety and Emergency Procedures for the EI Paso Contraband Incinerator

1) No combustibles to be stored within fifteen feet of incinerator 2) Fire extinguishers to always be currently charged and accessible 3) Water hose to be in good working order and accessible 4) Temperature and control gauges on incinerator to be regularly monitored at least

hourly 5) Control gauges which automatically shut off gas supply in event of failure to be kept

in prime working order 6) All maintenance and repair work on incinerator to be completed by licensed and

qualified trades-people 7) In case of equipment failure the incinerator operator will attempt to resolve the problem

and report the incident to the Kippur-Tucson home office 8) In case of catastrophic failure employee will make sure building is evacuated and call

911

Normal Shutdown of the El Paso Contraband Incineration Unit

1) The shutdown period for the contraband incinerator starts after the last of the contraband is fed into the incinerator and the fire begins to die down The electric motor driven low-speed shredder and the conveyor feed belt are shut down

The Kippur Corporation El Paso Contraband Incinerator Unit Operating Procedures Page 3

2) For approximately the last 30 minutes of each bum incinerator rotation is slowed as the fire diminishes until the fire bums out with contraband fuel depletion The shutdown steps are typically monitored by CBP staff and carried out by the Kippur staff

a) b) c)

d) e)

as smoldering ceases the incinerator cools down after another 30 minutes shutdown the natural gas-fired afterburner and instrument panel after the cool-down period ashes remaining in the combustion chamber are raked into the ash bin shut down the baghouse system and process instrumentation the full ash bin is removed from the unit and is staged for an extended 5-day cool-down period after which cooled bottom ash is transferred from the ash bin into a waste hopper for disposal

3) At the end of the burn after the CBP supervisory personnel involved are satisfied that all contraband has been destroyed a designated law enforcement agency representative shall sign off on the Kippur-El Paso Contraband Incineration Log

4) The Kippur operator and CBP supervisor will stay until the incinerator cool down is complete and secure the facility before leaving the site The time of day of end of the observed incinerator cool-down period will be recorded in the log

The Kippur Corporation El Paso Contraband Incinerator Unit Operating Procedures Page 4

The Kippur Corporation EI Paso Contraband Incinerator Block Flow Diagram

EPN 1 Common

Contraband from Natural Gas Fuel Exhaust Stack Law Enfo rcement

Agen cy 1 I I

(mariju ana amp narco tics) Primary Afterburner Incinerator 8aghousesCombustion Chamber Exhaust Duct 1shy1-Chamber I

I

Startup Fuel 1 Cooling Air Fly Ash

Bottom Ash Bleed Collected for Off-Collected for Site Disposal

Disposal

The Kippur Corporation EI Paso Contraband Incinerator Unit Operating Procedures Page 5

Contraband Incinerator Unit Maintenance Schedule

The contraband incinerator is to be maintained by Kippur staff and records kept of the following

1) Weekly inspections (coinciding wscheduled burns) maintenance and records kept of the following

a) Inspect all combustion chambers for refractory damage and repair as needed b) Check natural gas fuel lines and connections for leaks and check afterburner

nozzles for blockage and repair as needed c) Check and clean blower fans as necessary d) Inspect and repair any structural area of the incinerator e) Check baghouse system pressure drop gauge settings are correct f) Check baghouse system air compressor system for proper operation g) Check and record baghouse system pressure drop reading at least once each

day of operation

2) Annual inspection and the following maintenance and recordkeeping will be completed by Kippur staff or contractors as necessary

a) Calibrate temperature monitoring instrumentation b) Calibrate weigh-in scale c) Inspect all burners igniters and temperature sensing devices d) Inspect for proper adjustment of combustion air and dilution air e) Inspect fresh air vents dampers fans and blowers for proper operation f) Inspect for proper sealing g) Inspect motors for proper operation h) Inspect combustion chamber refractory lining i) Inspect combustion chamber shells for corrosion andor hot spots j) Inspect baghouse system for leaks and check fabric filter media for integrity k) Inspect baghouse blower and motor for proper operation I) Check pressure drop gauge settings are correct m) Inspect air compressor systems for proper operation

The Kippur Corporation El Paso Contraband Incinerator Unit Operating Procedures Page 6

Contraband Incinerator Unit Monitoring

The following operating parameters are to be monitored and recorded for air permit and air regulation compliance determinations

1) afterburner chamber operating temperatures 2) baghouse pressure drop 3) visible emissions monitoring and opacity recordkeeping and 4) CEMS data for emission limitations compliance determinations

The secondary chamber (afterburner chamber) temperature will be monitored by temperature probes located in the afterburner chamber for the display monitor and for the data logger Temperature monitoring will record the temperature in IS-minute block averages (with a minimum of one cycle of operation per 15 minutes) and 3-hour block averages The data logger will be uploaded and saved to the PC every 30 calendar days while in operation

Baghouse pressure drop will be observed and recorded by the incinerator operating personnel at least once during each burn Incineration unit operator will record time and date of all baghouse system low pressure drop alarms and each inspection and maintenance steps taken in response to such alarms

The incinerator unit operator will make visible emissions observations and will make Reference Method 9 opacity observations and records whenever exhaust stack emissions are visible

All monitoring probes and associated instrumentation scales gauges and CEMS will be calibrated as required under state regulations federal regulations and air pennit 9 1547 special condition requirements

The Kippur Corporation El Paso Contraband Incinerator Unit Operating Procedures Page 7

Record Contraband Incinerator Unit Malfunctions and Corrective Actions Records and Reporting

For all malfunctions

I) Record the calendar date and time the malfunction began and ended in the El Paso Contraband Incinerator Malfunction and Maintenance Log

2) In the Log record the cause of the malfunction and describe the deviation from air regulation or air permit provision requirements

3) Also record the corrective actions taken including the calendar date and time the corrective action began and when it was completed

4) Determine whether the malfunction caused excess air contaminant emissions that require recording and reporting under the TCEQ Reportable Events requirement if so complete the TCEQ Reportable Event Form and provide timely notification to the TCEQ Region 6 office If notification to TCEQ is not required then prepare a Malfunction Log entry that documents why the emissions event is not reportable

5) Confirm in the Malfunction and Maintenance Log whether an operating limit or emissions limitation has been exceeded

6) The incinerator owner or operator should sign off on the incident reported in the Malfunction Log

7) Prepare and submit semi-annual deviation reports by August 1 of that year for data collected during the first balf of the calendar year (January 1 to June 30) and by February I of the following year for data collected during the second half of the calendar year (July 1 to December 31) (refer to TCEQ Chapter 113 section 1132339)

Also a deviation report is required if

a) any recorded 3-hour average parameter level is above the maximum operating limit or below the minimum operation limit established by TCEQ rule or air permit conditions

b) any recorded 12-hour average CO emission rate is above the emissions limitation c) the control device was bypassed or d) a performance test was conducted that showed a deviation from any emission

limitation

Possible Malfunction and Corrective Action Procedures

1 Control panel does not-display the secondary chamber temperature

a) Check the fuse and power to the panel and check all connections from the probe to the data logger

b) Test for ambient temperature readout at the control without thermocouple connection

The Kippur Corporation El Paso Contraband Incinerator Unit Operating Procedures Page 8

c) d)

Confirm whether there is a thennocouple failure or instrument failure Confirm that the thennocouple and data logger are operational before operating the contraband incinerator unit

2 Visible emissions are present out the stack a) Adjust incinerator unit feed rate and confinn afterburner chamber operating

temperature b) Adjust combustion chamber air intake draft c) Check for baghouse system malfunction (low pressure drop indicates

interruption of baghouse fabric integrity) and make control system inspection and necessary repairs

d) Note and record afterburner chamber temperature the date time and duration of excessive emissions andlor opacity in Malfunction and Maintenance Log

EI Paso Contraband Incinerator Unit Malfnnction and Maintenance Log

DatelTimeTime Time DatelTime

CorrectiveRepairs Corrective Unit Operator Date Malfunction Cause ofMalfunction CorrectiveMalfunction ActionAction Signature

Action Started Started Ended Completed

Use supplemental pages as necessary to indicate whether an operating limit or emission limitation was exceeded and whether there was an

emissions event that is reportable to TCEQ (refer to TCEQ Reportable Event Guidance Instructions and Reportable Event Form)

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION6

1445 ROSS AVENUE SUITE 1200 DALLAS TX 75202-2733

July 28 20 II

Sean OBrien Texas Commission on Environmental Quality Mail Code 163 PO Box 13087 Austin TX 78711-3087

RE Applicability Determination New Source Performance Standards (NSPS) for Other Solid Waste Incinerators (OS WI) Subparts EEEE and FFFI Kippur Corporation

Dear Mr OBrien

The purpose of this letter is to follow up on a telephone conversation between you and Kathleen Aisling of my staff on May 31 2011 regarding the Kippur Corp (Kippur) contraband incinerator located in El Paso Texas and the applicability ofNSPS Subparts EEEE and 1111 As further explained in this lettcr Kippurs operations of the incinerator do not meet the exemptions in NSPS Subpart EEEE and IFFI thus Kippur is subject to the regulations

Kippur operates a dual chamber commercial incinerator which incinerates contraband for US Customs and Border Protection (CBP) On October 7 2010 Kippur sent a petition to the Environmentallrotection Agency (EPA) under NSPS Subpart FFII(40 Code oflederal Regulations (CFR) sect 603024) requesting to limit emissions in a manner other than through the use of a wet scrubber or air pollution control device(APCD) EPAs April 142011 response letter said in part If a modification occurred then according to 40 CFR sect 602992 the OSWI Unit becomes subject to the NSPS Subpart EEEE and NSlS Subpart FFFF no longer applies In the letter EPA denied the petition as submil1ed but requested that engineering information and process control clarifications on operations of the OSWI unit be provided by Kippur so that we could make an applicability determination for Subparts EEEE and 1111 and re-evaluate the petition

On May 112011 Kippur wrote to the Texas Commission on Environmental Quality (TCEQ) without supplying-additional information stating that the incinerator was considered an other solid waste incineration (OS WI) unit that was regulated under TCEQ Chapter 113 Subpart D (NSPS Subpart 1111) Kippur also wrote Units identified in NSPS 1111 at sect 602993 that are excluded from the state plan include (u)nits that combust contraband if the unit is owned or operated by a government agency such as police customs agricultural inspection or a similar agency to destroy only illegal or prohibited goods such as illegal drugs [Section

602993(p)]

Kippurs May II 2011 letter further stated that Kippur had reviewed the definition of owner or operator at 40 CFR sect 602 Definitions which states Owner or operator means

Internet Address (UALJ bull httpwwwepagOVreglon6 RecycledRecyclable bull Prinle~ wi1h Vegetable Oil 8ased Inks on 100 Recycled Paper Process Chlorine Free

Texas Commission on Environmental Quality May 11 2011 Page 2

Units identified in NSPS FFFF at Section 602993 that are excluded from the state plan include (u)nits that combust contraband if the unit is owned or operated by a government agency such as police customs agricultural inspection or a similar agency to destroy only illegal or

prohibited goods such as illegal drugs [Section 602993(p))

Kippur has reviewed the definition of owner or operator at 40 CFR Part 60 Section 602 Definitions which states Owner or operator means any person who owns leases operates controls or supervises an affected facility or a stationary source ofwhich an affected facility is a part

While Kippur is the owner of the El Paso facility the US Customs and Border Protection (CBP) a federal governmental agency under the US Department of Homeland Security is an operator of the El Paso contraband incinerator facility authorized under TCEQ air permit 91547 The attached letter from Mr Dwight Mullens the Seized Property Supervisor for U S Customs and Border Protection in El Paso confirms that the government agency maintains a supervisory and oversight role in the operation of the El Paso contraband incinerator

Since CBP supervises operation of the EI Paso contraband incinerator the facility should be excluded from the requirements of TCEQ Chapter 113 and Kippur requests that air pennit no 91547 Special Conditions (namely Special Conditions 2 17 and 18) be changed to delete reference to the requirements of TCEQ Chapter 113 Subpart D Division 5 and that the pennit conditions incorporate reference to applicable provisions of TCEQ Chapter I ll Control of Air Pollution from Visible Emissions and Particulate Matter Subchapter A Division 2 Incineration

Kippur proposes no changes to the method of operation of the facility and no changes to the emission limits in the air permit Please let us know if additional information is needed If you or your staff has any questions please contact me at 520middot884middot 1554 or Irvin Bilsky Kippurs air consultant at 512middot799middot6048 Thank you for your consideration of this matter

Regards

Attachments Letter from US Customs and Border Protection Standard Operating Procedures for Kippur-El Paso Contraband Incinerator

Texas Commission on Environmental Quality May 112011 Page 3

cc Mr Kent Waggoner Air amp Waste Program Manager Texas Commission on Environmental Quality Region 6 401 East Franklin Suite 560 Ellaso Texas 79901-1212

Mr Miguel Parra Engineering Section Mgr Environmental Services Department City of El Paso 7968 San Paulo El Paso Texas 79905

Gilbert Anaya Environmental Management Division International Boundary and Water Commission 4171 North Mesa Suite C-l 00 El Paso Texas 79902-1441

Irvin L Bilsky PE Bilsky Environmental P O Box 26044 Austin Texas 78755

797 South Zaragosa Building D El Paso TX 79907

US Customs and Border Protection

RECEIVED MAY 112011

May4 2011 AIR PERMITS DIVISIDi

Mr Sean OBrien Work Leader Air Permits Division (MC-163) Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

Re TCEQAir Permit No 91547 Account No 95-0074-P

Regulated Entity No RN101694933 Department of Homeland Security US Customs amp Border Protection Contraband Incinerator Operating Considerations El Paso El Paso County Texas

Dear Mr OBrien

This letter is to clarify the supervisory and oversight ro le US Customs and Border Protection (CBP) plays in operation of the above-referenced incinerator facility for the processing of contraband at the Kippur Corporation (Kippu r) plant located at 8770 Castner Drive El Paso Texas It is the policy of CBP to maintain control of contraband in our custody during each burn CBP segregates and stores contraband in cardboard boxes or in bags and records the weight of each contraband bundle and package A convoy of CBP agents transports the contraband to the Kippur site and we unload the contraband inside the incinerator building near the incinerator feed system Kippur employees do not handle or control the contraband

Before a burn begins CBP security staff inspects the incinerator area After the inspection Kippur employees who have started the Incinerator with a startup fuel fire in the primary chamber bring the afterburner chamber up to the minimum required operating temperature CBP security staff then manually charge contraband staged at the feed conveyor into the incinerator feed mechanism and the hourly feed weights are recorded CBP officers load the feed system such that the 100010 pound per hour limit is not exceeded The feed conveyor belt speed is typically set so t hat t here cannot be more than 950 lbs an hour of marijuana feed into the primary combustion chamber and the narcotic feed ra te is manually limited to a less than 10 pounds per hour feed rate

When the final contraband package enters the incinerator CBP officers clean the area around the furnace for any contraband that may have fallen on the floor This is swept up and tossed into the incinerator We then do a final inspection of t he furnace after the last package of contraband is destroyed and the Incinerator is shut down

CBP has performed the above-described oversight of the operation of the EI Paso contraband incinerator since 2002 and will continue in our supervisory role at this facility_ If you have any questions regarding this matter please contact me at (915) 872 3444 opt 2 ext 5137 or Mr Gary Kippur at (520) 884-1554

Regards

Dwight Mullens Seized Property Supervisor US Customs and Border Protect ion

KIPPUR CORP Cus tom Incineration

8770 Castner E I Paso Texas 79907 RECElvEtI Mailing Address PO Box 28898 Tucson Arizona 85726 MAY 11 2011(520) 237-4852 Fax (520) 748-2752

~RPERMITS DIVISIOt Standard Operating Procedure for Kippur-EI Paso Contraband Incineration Unit

Normal Start-Up and Operation of EI Paso Contraband Incinerator Unit

An incineration facility operator will arrive prior to scheduled delivery of contraband for destruction by US Customs and Border Protection officers and pcrform the following functions

I) A Kippur facility operator will admit scheduled officers of US Customs and Border Protection (CBP) for staging of contraband for weigh-in and inspection of the facility An assisting operator will

a) start the baghouse system operating components and controls b) prepare fuel for startup fire and turn on combustion unit blowers c) ignite startup fire and tum on the afterburner d) check CO02 CEMS operation e) monitor the incinerator warm-up process and f) check the temperature and CEMS data loggers for proper connection

2) A CBP supervisor will be present among a contingent of officers who will be responsible to

a) visually inspect the facility scale low-speed shredder conveyor system the incinerator unit and the baghouse

b) bring to the attention of the assisting facility operator any detected misadjusted or broken equipment or items in need of repair or adjustment before commencing with the burn

c) complete the check-in process before any feed into the incinerator and acknowledge acceptability of facility operational status for start of contraband

feed (minimum afterburner operating temperature must be at least 1400 OF) d) initiate the feed of contraband into the incinerator feed system e) assure recording of time of day of start-up and time of day of initiation of feed

in the contraband incinerator log sheets as well as the time of day of the cessation of feed into the incinerator unit and

f) coordinate recording of the hourly weight of contraband feed in the incinerator log sheets distinguishing between marijuana feed and narcotics feed

3) The afterburner chamber must reach at least 1400 OF before starting contraband feed into the primary combustion chamber During operations required operating and monitoring data collected must be recorded in the incinerator log sheets including the start and end times of contraband feed into the incinerator unit the hourly feed rates

The Kippur Corporation EI Paso Contraband Incinerator Unit Operating Procedures Page 2

baghouse pressure drop observation for visible emissions from baghouse stack CEMS function and temperature monitoring data collection

4) The assisting Kippur facility operator will facilitate smooth operation by

a) monitoring incinerator operating parameters and make any adjustments as necessary to maintain optimal operating conditions

b) monitoring baghouse operating parameters and make any adjustments as necessary to assure maximum emissions control efficiency

c) inspecting the incinerator ash receiver during each burn through a slotted view port to assure proper ash collection and to remove any obstructions

5) The CBP incineration supervisor will

a) monitor contraband feed so that the 1000 lblhour marijuana and the 10 lblhour narcotics limits under the TCEQ air permit is adhered to and

b) confirm recording ofa distinctive log of the weights of contraband fed into the incinerator during the course of the entire burn and

c) receive confirmation of maintaining required unit operating parameters as burn proceeds

Safety and Emergency Procedures for the EI Paso Contraband Incinerator

1) No combustibles to be stored within fifteen feet of incinerator 2) Fire extinguishers to always be currently charged and accessible 3) Water hose to be in good working order and accessible 4) Temperature and control gauges on incinerator to be regularly monitored at least

hourly 5) Control gauges which automatically shut off gas supply in event of failure to be kept

in prime working order 6) All maintenance and repair work on incinerator to be completed by licensed and

qualified trades-people 7) In case of equipment failure the incinerator operator will attempt to resolve the problem

and report the incident to the Kippur-Tucson home office 8) In case of catastrophic failure employee will make sure building is evacuated and call

911

Normal Shutdown of the El Paso Contraband Incineration Unit

1) The shutdown period for the contraband incinerator starts after the last of the contraband is fed into the incinerator and the fire begins to die down The electric motor driven low-speed shredder and the conveyor feed belt are shut down

The Kippur Corporation El Paso Contraband Incinerator Unit Operating Procedures Page 3

2) For approximately the last 30 minutes of each bum incinerator rotation is slowed as the fire diminishes until the fire bums out with contraband fuel depletion The shutdown steps are typically monitored by CBP staff and carried out by the Kippur staff

a) b) c)

d) e)

as smoldering ceases the incinerator cools down after another 30 minutes shutdown the natural gas-fired afterburner and instrument panel after the cool-down period ashes remaining in the combustion chamber are raked into the ash bin shut down the baghouse system and process instrumentation the full ash bin is removed from the unit and is staged for an extended 5-day cool-down period after which cooled bottom ash is transferred from the ash bin into a waste hopper for disposal

3) At the end of the burn after the CBP supervisory personnel involved are satisfied that all contraband has been destroyed a designated law enforcement agency representative shall sign off on the Kippur-El Paso Contraband Incineration Log

4) The Kippur operator and CBP supervisor will stay until the incinerator cool down is complete and secure the facility before leaving the site The time of day of end of the observed incinerator cool-down period will be recorded in the log

The Kippur Corporation El Paso Contraband Incinerator Unit Operating Procedures Page 4

The Kippur Corporation EI Paso Contraband Incinerator Block Flow Diagram

EPN 1 Common

Contraband from Natural Gas Fuel Exhaust Stack Law Enfo rcement

Agen cy 1 I I

(mariju ana amp narco tics) Primary Afterburner Incinerator 8aghousesCombustion Chamber Exhaust Duct 1shy1-Chamber I

I

Startup Fuel 1 Cooling Air Fly Ash

Bottom Ash Bleed Collected for Off-Collected for Site Disposal

Disposal

The Kippur Corporation EI Paso Contraband Incinerator Unit Operating Procedures Page 5

Contraband Incinerator Unit Maintenance Schedule

The contraband incinerator is to be maintained by Kippur staff and records kept of the following

1) Weekly inspections (coinciding wscheduled burns) maintenance and records kept of the following

a) Inspect all combustion chambers for refractory damage and repair as needed b) Check natural gas fuel lines and connections for leaks and check afterburner

nozzles for blockage and repair as needed c) Check and clean blower fans as necessary d) Inspect and repair any structural area of the incinerator e) Check baghouse system pressure drop gauge settings are correct f) Check baghouse system air compressor system for proper operation g) Check and record baghouse system pressure drop reading at least once each

day of operation

2) Annual inspection and the following maintenance and recordkeeping will be completed by Kippur staff or contractors as necessary

a) Calibrate temperature monitoring instrumentation b) Calibrate weigh-in scale c) Inspect all burners igniters and temperature sensing devices d) Inspect for proper adjustment of combustion air and dilution air e) Inspect fresh air vents dampers fans and blowers for proper operation f) Inspect for proper sealing g) Inspect motors for proper operation h) Inspect combustion chamber refractory lining i) Inspect combustion chamber shells for corrosion andor hot spots j) Inspect baghouse system for leaks and check fabric filter media for integrity k) Inspect baghouse blower and motor for proper operation I) Check pressure drop gauge settings are correct m) Inspect air compressor systems for proper operation

The Kippur Corporation El Paso Contraband Incinerator Unit Operating Procedures Page 6

Contraband Incinerator Unit Monitoring

The following operating parameters are to be monitored and recorded for air permit and air regulation compliance determinations

1) afterburner chamber operating temperatures 2) baghouse pressure drop 3) visible emissions monitoring and opacity recordkeeping and 4) CEMS data for emission limitations compliance determinations

The secondary chamber (afterburner chamber) temperature will be monitored by temperature probes located in the afterburner chamber for the display monitor and for the data logger Temperature monitoring will record the temperature in IS-minute block averages (with a minimum of one cycle of operation per 15 minutes) and 3-hour block averages The data logger will be uploaded and saved to the PC every 30 calendar days while in operation

Baghouse pressure drop will be observed and recorded by the incinerator operating personnel at least once during each burn Incineration unit operator will record time and date of all baghouse system low pressure drop alarms and each inspection and maintenance steps taken in response to such alarms

The incinerator unit operator will make visible emissions observations and will make Reference Method 9 opacity observations and records whenever exhaust stack emissions are visible

All monitoring probes and associated instrumentation scales gauges and CEMS will be calibrated as required under state regulations federal regulations and air pennit 9 1547 special condition requirements

The Kippur Corporation El Paso Contraband Incinerator Unit Operating Procedures Page 7

Record Contraband Incinerator Unit Malfunctions and Corrective Actions Records and Reporting

For all malfunctions

I) Record the calendar date and time the malfunction began and ended in the El Paso Contraband Incinerator Malfunction and Maintenance Log

2) In the Log record the cause of the malfunction and describe the deviation from air regulation or air permit provision requirements

3) Also record the corrective actions taken including the calendar date and time the corrective action began and when it was completed

4) Determine whether the malfunction caused excess air contaminant emissions that require recording and reporting under the TCEQ Reportable Events requirement if so complete the TCEQ Reportable Event Form and provide timely notification to the TCEQ Region 6 office If notification to TCEQ is not required then prepare a Malfunction Log entry that documents why the emissions event is not reportable

5) Confirm in the Malfunction and Maintenance Log whether an operating limit or emissions limitation has been exceeded

6) The incinerator owner or operator should sign off on the incident reported in the Malfunction Log

7) Prepare and submit semi-annual deviation reports by August 1 of that year for data collected during the first balf of the calendar year (January 1 to June 30) and by February I of the following year for data collected during the second half of the calendar year (July 1 to December 31) (refer to TCEQ Chapter 113 section 1132339)

Also a deviation report is required if

a) any recorded 3-hour average parameter level is above the maximum operating limit or below the minimum operation limit established by TCEQ rule or air permit conditions

b) any recorded 12-hour average CO emission rate is above the emissions limitation c) the control device was bypassed or d) a performance test was conducted that showed a deviation from any emission

limitation

Possible Malfunction and Corrective Action Procedures

1 Control panel does not-display the secondary chamber temperature

a) Check the fuse and power to the panel and check all connections from the probe to the data logger

b) Test for ambient temperature readout at the control without thermocouple connection

The Kippur Corporation El Paso Contraband Incinerator Unit Operating Procedures Page 8

c) d)

Confirm whether there is a thennocouple failure or instrument failure Confirm that the thennocouple and data logger are operational before operating the contraband incinerator unit

2 Visible emissions are present out the stack a) Adjust incinerator unit feed rate and confinn afterburner chamber operating

temperature b) Adjust combustion chamber air intake draft c) Check for baghouse system malfunction (low pressure drop indicates

interruption of baghouse fabric integrity) and make control system inspection and necessary repairs

d) Note and record afterburner chamber temperature the date time and duration of excessive emissions andlor opacity in Malfunction and Maintenance Log

EI Paso Contraband Incinerator Unit Malfnnction and Maintenance Log

DatelTimeTime Time DatelTime

CorrectiveRepairs Corrective Unit Operator Date Malfunction Cause ofMalfunction CorrectiveMalfunction ActionAction Signature

Action Started Started Ended Completed

Use supplemental pages as necessary to indicate whether an operating limit or emission limitation was exceeded and whether there was an

emissions event that is reportable to TCEQ (refer to TCEQ Reportable Event Guidance Instructions and Reportable Event Form)

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION6

1445 ROSS AVENUE SUITE 1200 DALLAS TX 75202-2733

July 28 20 II

Sean OBrien Texas Commission on Environmental Quality Mail Code 163 PO Box 13087 Austin TX 78711-3087

RE Applicability Determination New Source Performance Standards (NSPS) for Other Solid Waste Incinerators (OS WI) Subparts EEEE and FFFI Kippur Corporation

Dear Mr OBrien

The purpose of this letter is to follow up on a telephone conversation between you and Kathleen Aisling of my staff on May 31 2011 regarding the Kippur Corp (Kippur) contraband incinerator located in El Paso Texas and the applicability ofNSPS Subparts EEEE and 1111 As further explained in this lettcr Kippurs operations of the incinerator do not meet the exemptions in NSPS Subpart EEEE and IFFI thus Kippur is subject to the regulations

Kippur operates a dual chamber commercial incinerator which incinerates contraband for US Customs and Border Protection (CBP) On October 7 2010 Kippur sent a petition to the Environmentallrotection Agency (EPA) under NSPS Subpart FFII(40 Code oflederal Regulations (CFR) sect 603024) requesting to limit emissions in a manner other than through the use of a wet scrubber or air pollution control device(APCD) EPAs April 142011 response letter said in part If a modification occurred then according to 40 CFR sect 602992 the OSWI Unit becomes subject to the NSPS Subpart EEEE and NSlS Subpart FFFF no longer applies In the letter EPA denied the petition as submil1ed but requested that engineering information and process control clarifications on operations of the OSWI unit be provided by Kippur so that we could make an applicability determination for Subparts EEEE and 1111 and re-evaluate the petition

On May 112011 Kippur wrote to the Texas Commission on Environmental Quality (TCEQ) without supplying-additional information stating that the incinerator was considered an other solid waste incineration (OS WI) unit that was regulated under TCEQ Chapter 113 Subpart D (NSPS Subpart 1111) Kippur also wrote Units identified in NSPS 1111 at sect 602993 that are excluded from the state plan include (u)nits that combust contraband if the unit is owned or operated by a government agency such as police customs agricultural inspection or a similar agency to destroy only illegal or prohibited goods such as illegal drugs [Section

602993(p)]

Kippurs May II 2011 letter further stated that Kippur had reviewed the definition of owner or operator at 40 CFR sect 602 Definitions which states Owner or operator means

Internet Address (UALJ bull httpwwwepagOVreglon6 RecycledRecyclable bull Prinle~ wi1h Vegetable Oil 8ased Inks on 100 Recycled Paper Process Chlorine Free

Texas Commission on Environmental Quality May 112011 Page 3

cc Mr Kent Waggoner Air amp Waste Program Manager Texas Commission on Environmental Quality Region 6 401 East Franklin Suite 560 Ellaso Texas 79901-1212

Mr Miguel Parra Engineering Section Mgr Environmental Services Department City of El Paso 7968 San Paulo El Paso Texas 79905

Gilbert Anaya Environmental Management Division International Boundary and Water Commission 4171 North Mesa Suite C-l 00 El Paso Texas 79902-1441

Irvin L Bilsky PE Bilsky Environmental P O Box 26044 Austin Texas 78755

797 South Zaragosa Building D El Paso TX 79907

US Customs and Border Protection

RECEIVED MAY 112011

May4 2011 AIR PERMITS DIVISIDi

Mr Sean OBrien Work Leader Air Permits Division (MC-163) Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

Re TCEQAir Permit No 91547 Account No 95-0074-P

Regulated Entity No RN101694933 Department of Homeland Security US Customs amp Border Protection Contraband Incinerator Operating Considerations El Paso El Paso County Texas

Dear Mr OBrien

This letter is to clarify the supervisory and oversight ro le US Customs and Border Protection (CBP) plays in operation of the above-referenced incinerator facility for the processing of contraband at the Kippur Corporation (Kippu r) plant located at 8770 Castner Drive El Paso Texas It is the policy of CBP to maintain control of contraband in our custody during each burn CBP segregates and stores contraband in cardboard boxes or in bags and records the weight of each contraband bundle and package A convoy of CBP agents transports the contraband to the Kippur site and we unload the contraband inside the incinerator building near the incinerator feed system Kippur employees do not handle or control the contraband

Before a burn begins CBP security staff inspects the incinerator area After the inspection Kippur employees who have started the Incinerator with a startup fuel fire in the primary chamber bring the afterburner chamber up to the minimum required operating temperature CBP security staff then manually charge contraband staged at the feed conveyor into the incinerator feed mechanism and the hourly feed weights are recorded CBP officers load the feed system such that the 100010 pound per hour limit is not exceeded The feed conveyor belt speed is typically set so t hat t here cannot be more than 950 lbs an hour of marijuana feed into the primary combustion chamber and the narcotic feed ra te is manually limited to a less than 10 pounds per hour feed rate

When the final contraband package enters the incinerator CBP officers clean the area around the furnace for any contraband that may have fallen on the floor This is swept up and tossed into the incinerator We then do a final inspection of t he furnace after the last package of contraband is destroyed and the Incinerator is shut down

CBP has performed the above-described oversight of the operation of the EI Paso contraband incinerator since 2002 and will continue in our supervisory role at this facility_ If you have any questions regarding this matter please contact me at (915) 872 3444 opt 2 ext 5137 or Mr Gary Kippur at (520) 884-1554

Regards

Dwight Mullens Seized Property Supervisor US Customs and Border Protect ion

KIPPUR CORP Cus tom Incineration

8770 Castner E I Paso Texas 79907 RECElvEtI Mailing Address PO Box 28898 Tucson Arizona 85726 MAY 11 2011(520) 237-4852 Fax (520) 748-2752

~RPERMITS DIVISIOt Standard Operating Procedure for Kippur-EI Paso Contraband Incineration Unit

Normal Start-Up and Operation of EI Paso Contraband Incinerator Unit

An incineration facility operator will arrive prior to scheduled delivery of contraband for destruction by US Customs and Border Protection officers and pcrform the following functions

I) A Kippur facility operator will admit scheduled officers of US Customs and Border Protection (CBP) for staging of contraband for weigh-in and inspection of the facility An assisting operator will

a) start the baghouse system operating components and controls b) prepare fuel for startup fire and turn on combustion unit blowers c) ignite startup fire and tum on the afterburner d) check CO02 CEMS operation e) monitor the incinerator warm-up process and f) check the temperature and CEMS data loggers for proper connection

2) A CBP supervisor will be present among a contingent of officers who will be responsible to

a) visually inspect the facility scale low-speed shredder conveyor system the incinerator unit and the baghouse

b) bring to the attention of the assisting facility operator any detected misadjusted or broken equipment or items in need of repair or adjustment before commencing with the burn

c) complete the check-in process before any feed into the incinerator and acknowledge acceptability of facility operational status for start of contraband

feed (minimum afterburner operating temperature must be at least 1400 OF) d) initiate the feed of contraband into the incinerator feed system e) assure recording of time of day of start-up and time of day of initiation of feed

in the contraband incinerator log sheets as well as the time of day of the cessation of feed into the incinerator unit and

f) coordinate recording of the hourly weight of contraband feed in the incinerator log sheets distinguishing between marijuana feed and narcotics feed

3) The afterburner chamber must reach at least 1400 OF before starting contraband feed into the primary combustion chamber During operations required operating and monitoring data collected must be recorded in the incinerator log sheets including the start and end times of contraband feed into the incinerator unit the hourly feed rates

The Kippur Corporation EI Paso Contraband Incinerator Unit Operating Procedures Page 2

baghouse pressure drop observation for visible emissions from baghouse stack CEMS function and temperature monitoring data collection

4) The assisting Kippur facility operator will facilitate smooth operation by

a) monitoring incinerator operating parameters and make any adjustments as necessary to maintain optimal operating conditions

b) monitoring baghouse operating parameters and make any adjustments as necessary to assure maximum emissions control efficiency

c) inspecting the incinerator ash receiver during each burn through a slotted view port to assure proper ash collection and to remove any obstructions

5) The CBP incineration supervisor will

a) monitor contraband feed so that the 1000 lblhour marijuana and the 10 lblhour narcotics limits under the TCEQ air permit is adhered to and

b) confirm recording ofa distinctive log of the weights of contraband fed into the incinerator during the course of the entire burn and

c) receive confirmation of maintaining required unit operating parameters as burn proceeds

Safety and Emergency Procedures for the EI Paso Contraband Incinerator

1) No combustibles to be stored within fifteen feet of incinerator 2) Fire extinguishers to always be currently charged and accessible 3) Water hose to be in good working order and accessible 4) Temperature and control gauges on incinerator to be regularly monitored at least

hourly 5) Control gauges which automatically shut off gas supply in event of failure to be kept

in prime working order 6) All maintenance and repair work on incinerator to be completed by licensed and

qualified trades-people 7) In case of equipment failure the incinerator operator will attempt to resolve the problem

and report the incident to the Kippur-Tucson home office 8) In case of catastrophic failure employee will make sure building is evacuated and call

911

Normal Shutdown of the El Paso Contraband Incineration Unit

1) The shutdown period for the contraband incinerator starts after the last of the contraband is fed into the incinerator and the fire begins to die down The electric motor driven low-speed shredder and the conveyor feed belt are shut down

The Kippur Corporation El Paso Contraband Incinerator Unit Operating Procedures Page 3

2) For approximately the last 30 minutes of each bum incinerator rotation is slowed as the fire diminishes until the fire bums out with contraband fuel depletion The shutdown steps are typically monitored by CBP staff and carried out by the Kippur staff

a) b) c)

d) e)

as smoldering ceases the incinerator cools down after another 30 minutes shutdown the natural gas-fired afterburner and instrument panel after the cool-down period ashes remaining in the combustion chamber are raked into the ash bin shut down the baghouse system and process instrumentation the full ash bin is removed from the unit and is staged for an extended 5-day cool-down period after which cooled bottom ash is transferred from the ash bin into a waste hopper for disposal

3) At the end of the burn after the CBP supervisory personnel involved are satisfied that all contraband has been destroyed a designated law enforcement agency representative shall sign off on the Kippur-El Paso Contraband Incineration Log

4) The Kippur operator and CBP supervisor will stay until the incinerator cool down is complete and secure the facility before leaving the site The time of day of end of the observed incinerator cool-down period will be recorded in the log

The Kippur Corporation El Paso Contraband Incinerator Unit Operating Procedures Page 4

The Kippur Corporation EI Paso Contraband Incinerator Block Flow Diagram

EPN 1 Common

Contraband from Natural Gas Fuel Exhaust Stack Law Enfo rcement

Agen cy 1 I I

(mariju ana amp narco tics) Primary Afterburner Incinerator 8aghousesCombustion Chamber Exhaust Duct 1shy1-Chamber I

I

Startup Fuel 1 Cooling Air Fly Ash

Bottom Ash Bleed Collected for Off-Collected for Site Disposal

Disposal

The Kippur Corporation EI Paso Contraband Incinerator Unit Operating Procedures Page 5

Contraband Incinerator Unit Maintenance Schedule

The contraband incinerator is to be maintained by Kippur staff and records kept of the following

1) Weekly inspections (coinciding wscheduled burns) maintenance and records kept of the following

a) Inspect all combustion chambers for refractory damage and repair as needed b) Check natural gas fuel lines and connections for leaks and check afterburner

nozzles for blockage and repair as needed c) Check and clean blower fans as necessary d) Inspect and repair any structural area of the incinerator e) Check baghouse system pressure drop gauge settings are correct f) Check baghouse system air compressor system for proper operation g) Check and record baghouse system pressure drop reading at least once each

day of operation

2) Annual inspection and the following maintenance and recordkeeping will be completed by Kippur staff or contractors as necessary

a) Calibrate temperature monitoring instrumentation b) Calibrate weigh-in scale c) Inspect all burners igniters and temperature sensing devices d) Inspect for proper adjustment of combustion air and dilution air e) Inspect fresh air vents dampers fans and blowers for proper operation f) Inspect for proper sealing g) Inspect motors for proper operation h) Inspect combustion chamber refractory lining i) Inspect combustion chamber shells for corrosion andor hot spots j) Inspect baghouse system for leaks and check fabric filter media for integrity k) Inspect baghouse blower and motor for proper operation I) Check pressure drop gauge settings are correct m) Inspect air compressor systems for proper operation

The Kippur Corporation El Paso Contraband Incinerator Unit Operating Procedures Page 6

Contraband Incinerator Unit Monitoring

The following operating parameters are to be monitored and recorded for air permit and air regulation compliance determinations

1) afterburner chamber operating temperatures 2) baghouse pressure drop 3) visible emissions monitoring and opacity recordkeeping and 4) CEMS data for emission limitations compliance determinations

The secondary chamber (afterburner chamber) temperature will be monitored by temperature probes located in the afterburner chamber for the display monitor and for the data logger Temperature monitoring will record the temperature in IS-minute block averages (with a minimum of one cycle of operation per 15 minutes) and 3-hour block averages The data logger will be uploaded and saved to the PC every 30 calendar days while in operation

Baghouse pressure drop will be observed and recorded by the incinerator operating personnel at least once during each burn Incineration unit operator will record time and date of all baghouse system low pressure drop alarms and each inspection and maintenance steps taken in response to such alarms

The incinerator unit operator will make visible emissions observations and will make Reference Method 9 opacity observations and records whenever exhaust stack emissions are visible

All monitoring probes and associated instrumentation scales gauges and CEMS will be calibrated as required under state regulations federal regulations and air pennit 9 1547 special condition requirements

The Kippur Corporation El Paso Contraband Incinerator Unit Operating Procedures Page 7

Record Contraband Incinerator Unit Malfunctions and Corrective Actions Records and Reporting

For all malfunctions

I) Record the calendar date and time the malfunction began and ended in the El Paso Contraband Incinerator Malfunction and Maintenance Log

2) In the Log record the cause of the malfunction and describe the deviation from air regulation or air permit provision requirements

3) Also record the corrective actions taken including the calendar date and time the corrective action began and when it was completed

4) Determine whether the malfunction caused excess air contaminant emissions that require recording and reporting under the TCEQ Reportable Events requirement if so complete the TCEQ Reportable Event Form and provide timely notification to the TCEQ Region 6 office If notification to TCEQ is not required then prepare a Malfunction Log entry that documents why the emissions event is not reportable

5) Confirm in the Malfunction and Maintenance Log whether an operating limit or emissions limitation has been exceeded

6) The incinerator owner or operator should sign off on the incident reported in the Malfunction Log

7) Prepare and submit semi-annual deviation reports by August 1 of that year for data collected during the first balf of the calendar year (January 1 to June 30) and by February I of the following year for data collected during the second half of the calendar year (July 1 to December 31) (refer to TCEQ Chapter 113 section 1132339)

Also a deviation report is required if

a) any recorded 3-hour average parameter level is above the maximum operating limit or below the minimum operation limit established by TCEQ rule or air permit conditions

b) any recorded 12-hour average CO emission rate is above the emissions limitation c) the control device was bypassed or d) a performance test was conducted that showed a deviation from any emission

limitation

Possible Malfunction and Corrective Action Procedures

1 Control panel does not-display the secondary chamber temperature

a) Check the fuse and power to the panel and check all connections from the probe to the data logger

b) Test for ambient temperature readout at the control without thermocouple connection

The Kippur Corporation El Paso Contraband Incinerator Unit Operating Procedures Page 8

c) d)

Confirm whether there is a thennocouple failure or instrument failure Confirm that the thennocouple and data logger are operational before operating the contraband incinerator unit

2 Visible emissions are present out the stack a) Adjust incinerator unit feed rate and confinn afterburner chamber operating

temperature b) Adjust combustion chamber air intake draft c) Check for baghouse system malfunction (low pressure drop indicates

interruption of baghouse fabric integrity) and make control system inspection and necessary repairs

d) Note and record afterburner chamber temperature the date time and duration of excessive emissions andlor opacity in Malfunction and Maintenance Log

EI Paso Contraband Incinerator Unit Malfnnction and Maintenance Log

DatelTimeTime Time DatelTime

CorrectiveRepairs Corrective Unit Operator Date Malfunction Cause ofMalfunction CorrectiveMalfunction ActionAction Signature

Action Started Started Ended Completed

Use supplemental pages as necessary to indicate whether an operating limit or emission limitation was exceeded and whether there was an

emissions event that is reportable to TCEQ (refer to TCEQ Reportable Event Guidance Instructions and Reportable Event Form)

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION6

1445 ROSS AVENUE SUITE 1200 DALLAS TX 75202-2733

July 28 20 II

Sean OBrien Texas Commission on Environmental Quality Mail Code 163 PO Box 13087 Austin TX 78711-3087

RE Applicability Determination New Source Performance Standards (NSPS) for Other Solid Waste Incinerators (OS WI) Subparts EEEE and FFFI Kippur Corporation

Dear Mr OBrien

The purpose of this letter is to follow up on a telephone conversation between you and Kathleen Aisling of my staff on May 31 2011 regarding the Kippur Corp (Kippur) contraband incinerator located in El Paso Texas and the applicability ofNSPS Subparts EEEE and 1111 As further explained in this lettcr Kippurs operations of the incinerator do not meet the exemptions in NSPS Subpart EEEE and IFFI thus Kippur is subject to the regulations

Kippur operates a dual chamber commercial incinerator which incinerates contraband for US Customs and Border Protection (CBP) On October 7 2010 Kippur sent a petition to the Environmentallrotection Agency (EPA) under NSPS Subpart FFII(40 Code oflederal Regulations (CFR) sect 603024) requesting to limit emissions in a manner other than through the use of a wet scrubber or air pollution control device(APCD) EPAs April 142011 response letter said in part If a modification occurred then according to 40 CFR sect 602992 the OSWI Unit becomes subject to the NSPS Subpart EEEE and NSlS Subpart FFFF no longer applies In the letter EPA denied the petition as submil1ed but requested that engineering information and process control clarifications on operations of the OSWI unit be provided by Kippur so that we could make an applicability determination for Subparts EEEE and 1111 and re-evaluate the petition

On May 112011 Kippur wrote to the Texas Commission on Environmental Quality (TCEQ) without supplying-additional information stating that the incinerator was considered an other solid waste incineration (OS WI) unit that was regulated under TCEQ Chapter 113 Subpart D (NSPS Subpart 1111) Kippur also wrote Units identified in NSPS 1111 at sect 602993 that are excluded from the state plan include (u)nits that combust contraband if the unit is owned or operated by a government agency such as police customs agricultural inspection or a similar agency to destroy only illegal or prohibited goods such as illegal drugs [Section

602993(p)]

Kippurs May II 2011 letter further stated that Kippur had reviewed the definition of owner or operator at 40 CFR sect 602 Definitions which states Owner or operator means

Internet Address (UALJ bull httpwwwepagOVreglon6 RecycledRecyclable bull Prinle~ wi1h Vegetable Oil 8ased Inks on 100 Recycled Paper Process Chlorine Free

797 South Zaragosa Building D El Paso TX 79907

US Customs and Border Protection

RECEIVED MAY 112011

May4 2011 AIR PERMITS DIVISIDi

Mr Sean OBrien Work Leader Air Permits Division (MC-163) Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

Re TCEQAir Permit No 91547 Account No 95-0074-P

Regulated Entity No RN101694933 Department of Homeland Security US Customs amp Border Protection Contraband Incinerator Operating Considerations El Paso El Paso County Texas

Dear Mr OBrien

This letter is to clarify the supervisory and oversight ro le US Customs and Border Protection (CBP) plays in operation of the above-referenced incinerator facility for the processing of contraband at the Kippur Corporation (Kippu r) plant located at 8770 Castner Drive El Paso Texas It is the policy of CBP to maintain control of contraband in our custody during each burn CBP segregates and stores contraband in cardboard boxes or in bags and records the weight of each contraband bundle and package A convoy of CBP agents transports the contraband to the Kippur site and we unload the contraband inside the incinerator building near the incinerator feed system Kippur employees do not handle or control the contraband

Before a burn begins CBP security staff inspects the incinerator area After the inspection Kippur employees who have started the Incinerator with a startup fuel fire in the primary chamber bring the afterburner chamber up to the minimum required operating temperature CBP security staff then manually charge contraband staged at the feed conveyor into the incinerator feed mechanism and the hourly feed weights are recorded CBP officers load the feed system such that the 100010 pound per hour limit is not exceeded The feed conveyor belt speed is typically set so t hat t here cannot be more than 950 lbs an hour of marijuana feed into the primary combustion chamber and the narcotic feed ra te is manually limited to a less than 10 pounds per hour feed rate

When the final contraband package enters the incinerator CBP officers clean the area around the furnace for any contraband that may have fallen on the floor This is swept up and tossed into the incinerator We then do a final inspection of t he furnace after the last package of contraband is destroyed and the Incinerator is shut down

CBP has performed the above-described oversight of the operation of the EI Paso contraband incinerator since 2002 and will continue in our supervisory role at this facility_ If you have any questions regarding this matter please contact me at (915) 872 3444 opt 2 ext 5137 or Mr Gary Kippur at (520) 884-1554

Regards

Dwight Mullens Seized Property Supervisor US Customs and Border Protect ion

KIPPUR CORP Cus tom Incineration

8770 Castner E I Paso Texas 79907 RECElvEtI Mailing Address PO Box 28898 Tucson Arizona 85726 MAY 11 2011(520) 237-4852 Fax (520) 748-2752

~RPERMITS DIVISIOt Standard Operating Procedure for Kippur-EI Paso Contraband Incineration Unit

Normal Start-Up and Operation of EI Paso Contraband Incinerator Unit

An incineration facility operator will arrive prior to scheduled delivery of contraband for destruction by US Customs and Border Protection officers and pcrform the following functions

I) A Kippur facility operator will admit scheduled officers of US Customs and Border Protection (CBP) for staging of contraband for weigh-in and inspection of the facility An assisting operator will

a) start the baghouse system operating components and controls b) prepare fuel for startup fire and turn on combustion unit blowers c) ignite startup fire and tum on the afterburner d) check CO02 CEMS operation e) monitor the incinerator warm-up process and f) check the temperature and CEMS data loggers for proper connection

2) A CBP supervisor will be present among a contingent of officers who will be responsible to

a) visually inspect the facility scale low-speed shredder conveyor system the incinerator unit and the baghouse

b) bring to the attention of the assisting facility operator any detected misadjusted or broken equipment or items in need of repair or adjustment before commencing with the burn

c) complete the check-in process before any feed into the incinerator and acknowledge acceptability of facility operational status for start of contraband

feed (minimum afterburner operating temperature must be at least 1400 OF) d) initiate the feed of contraband into the incinerator feed system e) assure recording of time of day of start-up and time of day of initiation of feed

in the contraband incinerator log sheets as well as the time of day of the cessation of feed into the incinerator unit and

f) coordinate recording of the hourly weight of contraband feed in the incinerator log sheets distinguishing between marijuana feed and narcotics feed

3) The afterburner chamber must reach at least 1400 OF before starting contraband feed into the primary combustion chamber During operations required operating and monitoring data collected must be recorded in the incinerator log sheets including the start and end times of contraband feed into the incinerator unit the hourly feed rates

The Kippur Corporation EI Paso Contraband Incinerator Unit Operating Procedures Page 2

baghouse pressure drop observation for visible emissions from baghouse stack CEMS function and temperature monitoring data collection

4) The assisting Kippur facility operator will facilitate smooth operation by

a) monitoring incinerator operating parameters and make any adjustments as necessary to maintain optimal operating conditions

b) monitoring baghouse operating parameters and make any adjustments as necessary to assure maximum emissions control efficiency

c) inspecting the incinerator ash receiver during each burn through a slotted view port to assure proper ash collection and to remove any obstructions

5) The CBP incineration supervisor will

a) monitor contraband feed so that the 1000 lblhour marijuana and the 10 lblhour narcotics limits under the TCEQ air permit is adhered to and

b) confirm recording ofa distinctive log of the weights of contraband fed into the incinerator during the course of the entire burn and

c) receive confirmation of maintaining required unit operating parameters as burn proceeds

Safety and Emergency Procedures for the EI Paso Contraband Incinerator

1) No combustibles to be stored within fifteen feet of incinerator 2) Fire extinguishers to always be currently charged and accessible 3) Water hose to be in good working order and accessible 4) Temperature and control gauges on incinerator to be regularly monitored at least

hourly 5) Control gauges which automatically shut off gas supply in event of failure to be kept

in prime working order 6) All maintenance and repair work on incinerator to be completed by licensed and

qualified trades-people 7) In case of equipment failure the incinerator operator will attempt to resolve the problem

and report the incident to the Kippur-Tucson home office 8) In case of catastrophic failure employee will make sure building is evacuated and call

911

Normal Shutdown of the El Paso Contraband Incineration Unit

1) The shutdown period for the contraband incinerator starts after the last of the contraband is fed into the incinerator and the fire begins to die down The electric motor driven low-speed shredder and the conveyor feed belt are shut down

The Kippur Corporation El Paso Contraband Incinerator Unit Operating Procedures Page 3

2) For approximately the last 30 minutes of each bum incinerator rotation is slowed as the fire diminishes until the fire bums out with contraband fuel depletion The shutdown steps are typically monitored by CBP staff and carried out by the Kippur staff

a) b) c)

d) e)

as smoldering ceases the incinerator cools down after another 30 minutes shutdown the natural gas-fired afterburner and instrument panel after the cool-down period ashes remaining in the combustion chamber are raked into the ash bin shut down the baghouse system and process instrumentation the full ash bin is removed from the unit and is staged for an extended 5-day cool-down period after which cooled bottom ash is transferred from the ash bin into a waste hopper for disposal

3) At the end of the burn after the CBP supervisory personnel involved are satisfied that all contraband has been destroyed a designated law enforcement agency representative shall sign off on the Kippur-El Paso Contraband Incineration Log

4) The Kippur operator and CBP supervisor will stay until the incinerator cool down is complete and secure the facility before leaving the site The time of day of end of the observed incinerator cool-down period will be recorded in the log

The Kippur Corporation El Paso Contraband Incinerator Unit Operating Procedures Page 4

The Kippur Corporation EI Paso Contraband Incinerator Block Flow Diagram

EPN 1 Common

Contraband from Natural Gas Fuel Exhaust Stack Law Enfo rcement

Agen cy 1 I I

(mariju ana amp narco tics) Primary Afterburner Incinerator 8aghousesCombustion Chamber Exhaust Duct 1shy1-Chamber I

I

Startup Fuel 1 Cooling Air Fly Ash

Bottom Ash Bleed Collected for Off-Collected for Site Disposal

Disposal

The Kippur Corporation EI Paso Contraband Incinerator Unit Operating Procedures Page 5

Contraband Incinerator Unit Maintenance Schedule

The contraband incinerator is to be maintained by Kippur staff and records kept of the following

1) Weekly inspections (coinciding wscheduled burns) maintenance and records kept of the following

a) Inspect all combustion chambers for refractory damage and repair as needed b) Check natural gas fuel lines and connections for leaks and check afterburner

nozzles for blockage and repair as needed c) Check and clean blower fans as necessary d) Inspect and repair any structural area of the incinerator e) Check baghouse system pressure drop gauge settings are correct f) Check baghouse system air compressor system for proper operation g) Check and record baghouse system pressure drop reading at least once each

day of operation

2) Annual inspection and the following maintenance and recordkeeping will be completed by Kippur staff or contractors as necessary

a) Calibrate temperature monitoring instrumentation b) Calibrate weigh-in scale c) Inspect all burners igniters and temperature sensing devices d) Inspect for proper adjustment of combustion air and dilution air e) Inspect fresh air vents dampers fans and blowers for proper operation f) Inspect for proper sealing g) Inspect motors for proper operation h) Inspect combustion chamber refractory lining i) Inspect combustion chamber shells for corrosion andor hot spots j) Inspect baghouse system for leaks and check fabric filter media for integrity k) Inspect baghouse blower and motor for proper operation I) Check pressure drop gauge settings are correct m) Inspect air compressor systems for proper operation

The Kippur Corporation El Paso Contraband Incinerator Unit Operating Procedures Page 6

Contraband Incinerator Unit Monitoring

The following operating parameters are to be monitored and recorded for air permit and air regulation compliance determinations

1) afterburner chamber operating temperatures 2) baghouse pressure drop 3) visible emissions monitoring and opacity recordkeeping and 4) CEMS data for emission limitations compliance determinations

The secondary chamber (afterburner chamber) temperature will be monitored by temperature probes located in the afterburner chamber for the display monitor and for the data logger Temperature monitoring will record the temperature in IS-minute block averages (with a minimum of one cycle of operation per 15 minutes) and 3-hour block averages The data logger will be uploaded and saved to the PC every 30 calendar days while in operation

Baghouse pressure drop will be observed and recorded by the incinerator operating personnel at least once during each burn Incineration unit operator will record time and date of all baghouse system low pressure drop alarms and each inspection and maintenance steps taken in response to such alarms

The incinerator unit operator will make visible emissions observations and will make Reference Method 9 opacity observations and records whenever exhaust stack emissions are visible

All monitoring probes and associated instrumentation scales gauges and CEMS will be calibrated as required under state regulations federal regulations and air pennit 9 1547 special condition requirements

The Kippur Corporation El Paso Contraband Incinerator Unit Operating Procedures Page 7

Record Contraband Incinerator Unit Malfunctions and Corrective Actions Records and Reporting

For all malfunctions

I) Record the calendar date and time the malfunction began and ended in the El Paso Contraband Incinerator Malfunction and Maintenance Log

2) In the Log record the cause of the malfunction and describe the deviation from air regulation or air permit provision requirements

3) Also record the corrective actions taken including the calendar date and time the corrective action began and when it was completed

4) Determine whether the malfunction caused excess air contaminant emissions that require recording and reporting under the TCEQ Reportable Events requirement if so complete the TCEQ Reportable Event Form and provide timely notification to the TCEQ Region 6 office If notification to TCEQ is not required then prepare a Malfunction Log entry that documents why the emissions event is not reportable

5) Confirm in the Malfunction and Maintenance Log whether an operating limit or emissions limitation has been exceeded

6) The incinerator owner or operator should sign off on the incident reported in the Malfunction Log

7) Prepare and submit semi-annual deviation reports by August 1 of that year for data collected during the first balf of the calendar year (January 1 to June 30) and by February I of the following year for data collected during the second half of the calendar year (July 1 to December 31) (refer to TCEQ Chapter 113 section 1132339)

Also a deviation report is required if

a) any recorded 3-hour average parameter level is above the maximum operating limit or below the minimum operation limit established by TCEQ rule or air permit conditions

b) any recorded 12-hour average CO emission rate is above the emissions limitation c) the control device was bypassed or d) a performance test was conducted that showed a deviation from any emission

limitation

Possible Malfunction and Corrective Action Procedures

1 Control panel does not-display the secondary chamber temperature

a) Check the fuse and power to the panel and check all connections from the probe to the data logger

b) Test for ambient temperature readout at the control without thermocouple connection

The Kippur Corporation El Paso Contraband Incinerator Unit Operating Procedures Page 8

c) d)

Confirm whether there is a thennocouple failure or instrument failure Confirm that the thennocouple and data logger are operational before operating the contraband incinerator unit

2 Visible emissions are present out the stack a) Adjust incinerator unit feed rate and confinn afterburner chamber operating

temperature b) Adjust combustion chamber air intake draft c) Check for baghouse system malfunction (low pressure drop indicates

interruption of baghouse fabric integrity) and make control system inspection and necessary repairs

d) Note and record afterburner chamber temperature the date time and duration of excessive emissions andlor opacity in Malfunction and Maintenance Log

EI Paso Contraband Incinerator Unit Malfnnction and Maintenance Log

DatelTimeTime Time DatelTime

CorrectiveRepairs Corrective Unit Operator Date Malfunction Cause ofMalfunction CorrectiveMalfunction ActionAction Signature

Action Started Started Ended Completed

Use supplemental pages as necessary to indicate whether an operating limit or emission limitation was exceeded and whether there was an

emissions event that is reportable to TCEQ (refer to TCEQ Reportable Event Guidance Instructions and Reportable Event Form)

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION6

1445 ROSS AVENUE SUITE 1200 DALLAS TX 75202-2733

July 28 20 II

Sean OBrien Texas Commission on Environmental Quality Mail Code 163 PO Box 13087 Austin TX 78711-3087

RE Applicability Determination New Source Performance Standards (NSPS) for Other Solid Waste Incinerators (OS WI) Subparts EEEE and FFFI Kippur Corporation

Dear Mr OBrien

The purpose of this letter is to follow up on a telephone conversation between you and Kathleen Aisling of my staff on May 31 2011 regarding the Kippur Corp (Kippur) contraband incinerator located in El Paso Texas and the applicability ofNSPS Subparts EEEE and 1111 As further explained in this lettcr Kippurs operations of the incinerator do not meet the exemptions in NSPS Subpart EEEE and IFFI thus Kippur is subject to the regulations

Kippur operates a dual chamber commercial incinerator which incinerates contraband for US Customs and Border Protection (CBP) On October 7 2010 Kippur sent a petition to the Environmentallrotection Agency (EPA) under NSPS Subpart FFII(40 Code oflederal Regulations (CFR) sect 603024) requesting to limit emissions in a manner other than through the use of a wet scrubber or air pollution control device(APCD) EPAs April 142011 response letter said in part If a modification occurred then according to 40 CFR sect 602992 the OSWI Unit becomes subject to the NSPS Subpart EEEE and NSlS Subpart FFFF no longer applies In the letter EPA denied the petition as submil1ed but requested that engineering information and process control clarifications on operations of the OSWI unit be provided by Kippur so that we could make an applicability determination for Subparts EEEE and 1111 and re-evaluate the petition

On May 112011 Kippur wrote to the Texas Commission on Environmental Quality (TCEQ) without supplying-additional information stating that the incinerator was considered an other solid waste incineration (OS WI) unit that was regulated under TCEQ Chapter 113 Subpart D (NSPS Subpart 1111) Kippur also wrote Units identified in NSPS 1111 at sect 602993 that are excluded from the state plan include (u)nits that combust contraband if the unit is owned or operated by a government agency such as police customs agricultural inspection or a similar agency to destroy only illegal or prohibited goods such as illegal drugs [Section

602993(p)]

Kippurs May II 2011 letter further stated that Kippur had reviewed the definition of owner or operator at 40 CFR sect 602 Definitions which states Owner or operator means

Internet Address (UALJ bull httpwwwepagOVreglon6 RecycledRecyclable bull Prinle~ wi1h Vegetable Oil 8ased Inks on 100 Recycled Paper Process Chlorine Free

CBP has performed the above-described oversight of the operation of the EI Paso contraband incinerator since 2002 and will continue in our supervisory role at this facility_ If you have any questions regarding this matter please contact me at (915) 872 3444 opt 2 ext 5137 or Mr Gary Kippur at (520) 884-1554

Regards

Dwight Mullens Seized Property Supervisor US Customs and Border Protect ion

KIPPUR CORP Cus tom Incineration

8770 Castner E I Paso Texas 79907 RECElvEtI Mailing Address PO Box 28898 Tucson Arizona 85726 MAY 11 2011(520) 237-4852 Fax (520) 748-2752

~RPERMITS DIVISIOt Standard Operating Procedure for Kippur-EI Paso Contraband Incineration Unit

Normal Start-Up and Operation of EI Paso Contraband Incinerator Unit

An incineration facility operator will arrive prior to scheduled delivery of contraband for destruction by US Customs and Border Protection officers and pcrform the following functions

I) A Kippur facility operator will admit scheduled officers of US Customs and Border Protection (CBP) for staging of contraband for weigh-in and inspection of the facility An assisting operator will

a) start the baghouse system operating components and controls b) prepare fuel for startup fire and turn on combustion unit blowers c) ignite startup fire and tum on the afterburner d) check CO02 CEMS operation e) monitor the incinerator warm-up process and f) check the temperature and CEMS data loggers for proper connection

2) A CBP supervisor will be present among a contingent of officers who will be responsible to

a) visually inspect the facility scale low-speed shredder conveyor system the incinerator unit and the baghouse

b) bring to the attention of the assisting facility operator any detected misadjusted or broken equipment or items in need of repair or adjustment before commencing with the burn

c) complete the check-in process before any feed into the incinerator and acknowledge acceptability of facility operational status for start of contraband

feed (minimum afterburner operating temperature must be at least 1400 OF) d) initiate the feed of contraband into the incinerator feed system e) assure recording of time of day of start-up and time of day of initiation of feed

in the contraband incinerator log sheets as well as the time of day of the cessation of feed into the incinerator unit and

f) coordinate recording of the hourly weight of contraband feed in the incinerator log sheets distinguishing between marijuana feed and narcotics feed

3) The afterburner chamber must reach at least 1400 OF before starting contraband feed into the primary combustion chamber During operations required operating and monitoring data collected must be recorded in the incinerator log sheets including the start and end times of contraband feed into the incinerator unit the hourly feed rates

The Kippur Corporation EI Paso Contraband Incinerator Unit Operating Procedures Page 2

baghouse pressure drop observation for visible emissions from baghouse stack CEMS function and temperature monitoring data collection

4) The assisting Kippur facility operator will facilitate smooth operation by

a) monitoring incinerator operating parameters and make any adjustments as necessary to maintain optimal operating conditions

b) monitoring baghouse operating parameters and make any adjustments as necessary to assure maximum emissions control efficiency

c) inspecting the incinerator ash receiver during each burn through a slotted view port to assure proper ash collection and to remove any obstructions

5) The CBP incineration supervisor will

a) monitor contraband feed so that the 1000 lblhour marijuana and the 10 lblhour narcotics limits under the TCEQ air permit is adhered to and

b) confirm recording ofa distinctive log of the weights of contraband fed into the incinerator during the course of the entire burn and

c) receive confirmation of maintaining required unit operating parameters as burn proceeds

Safety and Emergency Procedures for the EI Paso Contraband Incinerator

1) No combustibles to be stored within fifteen feet of incinerator 2) Fire extinguishers to always be currently charged and accessible 3) Water hose to be in good working order and accessible 4) Temperature and control gauges on incinerator to be regularly monitored at least

hourly 5) Control gauges which automatically shut off gas supply in event of failure to be kept

in prime working order 6) All maintenance and repair work on incinerator to be completed by licensed and

qualified trades-people 7) In case of equipment failure the incinerator operator will attempt to resolve the problem

and report the incident to the Kippur-Tucson home office 8) In case of catastrophic failure employee will make sure building is evacuated and call

911

Normal Shutdown of the El Paso Contraband Incineration Unit

1) The shutdown period for the contraband incinerator starts after the last of the contraband is fed into the incinerator and the fire begins to die down The electric motor driven low-speed shredder and the conveyor feed belt are shut down

The Kippur Corporation El Paso Contraband Incinerator Unit Operating Procedures Page 3

2) For approximately the last 30 minutes of each bum incinerator rotation is slowed as the fire diminishes until the fire bums out with contraband fuel depletion The shutdown steps are typically monitored by CBP staff and carried out by the Kippur staff

a) b) c)

d) e)

as smoldering ceases the incinerator cools down after another 30 minutes shutdown the natural gas-fired afterburner and instrument panel after the cool-down period ashes remaining in the combustion chamber are raked into the ash bin shut down the baghouse system and process instrumentation the full ash bin is removed from the unit and is staged for an extended 5-day cool-down period after which cooled bottom ash is transferred from the ash bin into a waste hopper for disposal

3) At the end of the burn after the CBP supervisory personnel involved are satisfied that all contraband has been destroyed a designated law enforcement agency representative shall sign off on the Kippur-El Paso Contraband Incineration Log

4) The Kippur operator and CBP supervisor will stay until the incinerator cool down is complete and secure the facility before leaving the site The time of day of end of the observed incinerator cool-down period will be recorded in the log

The Kippur Corporation El Paso Contraband Incinerator Unit Operating Procedures Page 4

The Kippur Corporation EI Paso Contraband Incinerator Block Flow Diagram

EPN 1 Common

Contraband from Natural Gas Fuel Exhaust Stack Law Enfo rcement

Agen cy 1 I I

(mariju ana amp narco tics) Primary Afterburner Incinerator 8aghousesCombustion Chamber Exhaust Duct 1shy1-Chamber I

I

Startup Fuel 1 Cooling Air Fly Ash

Bottom Ash Bleed Collected for Off-Collected for Site Disposal

Disposal

The Kippur Corporation EI Paso Contraband Incinerator Unit Operating Procedures Page 5

Contraband Incinerator Unit Maintenance Schedule

The contraband incinerator is to be maintained by Kippur staff and records kept of the following

1) Weekly inspections (coinciding wscheduled burns) maintenance and records kept of the following

a) Inspect all combustion chambers for refractory damage and repair as needed b) Check natural gas fuel lines and connections for leaks and check afterburner

nozzles for blockage and repair as needed c) Check and clean blower fans as necessary d) Inspect and repair any structural area of the incinerator e) Check baghouse system pressure drop gauge settings are correct f) Check baghouse system air compressor system for proper operation g) Check and record baghouse system pressure drop reading at least once each

day of operation

2) Annual inspection and the following maintenance and recordkeeping will be completed by Kippur staff or contractors as necessary

a) Calibrate temperature monitoring instrumentation b) Calibrate weigh-in scale c) Inspect all burners igniters and temperature sensing devices d) Inspect for proper adjustment of combustion air and dilution air e) Inspect fresh air vents dampers fans and blowers for proper operation f) Inspect for proper sealing g) Inspect motors for proper operation h) Inspect combustion chamber refractory lining i) Inspect combustion chamber shells for corrosion andor hot spots j) Inspect baghouse system for leaks and check fabric filter media for integrity k) Inspect baghouse blower and motor for proper operation I) Check pressure drop gauge settings are correct m) Inspect air compressor systems for proper operation

The Kippur Corporation El Paso Contraband Incinerator Unit Operating Procedures Page 6

Contraband Incinerator Unit Monitoring

The following operating parameters are to be monitored and recorded for air permit and air regulation compliance determinations

1) afterburner chamber operating temperatures 2) baghouse pressure drop 3) visible emissions monitoring and opacity recordkeeping and 4) CEMS data for emission limitations compliance determinations

The secondary chamber (afterburner chamber) temperature will be monitored by temperature probes located in the afterburner chamber for the display monitor and for the data logger Temperature monitoring will record the temperature in IS-minute block averages (with a minimum of one cycle of operation per 15 minutes) and 3-hour block averages The data logger will be uploaded and saved to the PC every 30 calendar days while in operation

Baghouse pressure drop will be observed and recorded by the incinerator operating personnel at least once during each burn Incineration unit operator will record time and date of all baghouse system low pressure drop alarms and each inspection and maintenance steps taken in response to such alarms

The incinerator unit operator will make visible emissions observations and will make Reference Method 9 opacity observations and records whenever exhaust stack emissions are visible

All monitoring probes and associated instrumentation scales gauges and CEMS will be calibrated as required under state regulations federal regulations and air pennit 9 1547 special condition requirements

The Kippur Corporation El Paso Contraband Incinerator Unit Operating Procedures Page 7

Record Contraband Incinerator Unit Malfunctions and Corrective Actions Records and Reporting

For all malfunctions

I) Record the calendar date and time the malfunction began and ended in the El Paso Contraband Incinerator Malfunction and Maintenance Log

2) In the Log record the cause of the malfunction and describe the deviation from air regulation or air permit provision requirements

3) Also record the corrective actions taken including the calendar date and time the corrective action began and when it was completed

4) Determine whether the malfunction caused excess air contaminant emissions that require recording and reporting under the TCEQ Reportable Events requirement if so complete the TCEQ Reportable Event Form and provide timely notification to the TCEQ Region 6 office If notification to TCEQ is not required then prepare a Malfunction Log entry that documents why the emissions event is not reportable

5) Confirm in the Malfunction and Maintenance Log whether an operating limit or emissions limitation has been exceeded

6) The incinerator owner or operator should sign off on the incident reported in the Malfunction Log

7) Prepare and submit semi-annual deviation reports by August 1 of that year for data collected during the first balf of the calendar year (January 1 to June 30) and by February I of the following year for data collected during the second half of the calendar year (July 1 to December 31) (refer to TCEQ Chapter 113 section 1132339)

Also a deviation report is required if

a) any recorded 3-hour average parameter level is above the maximum operating limit or below the minimum operation limit established by TCEQ rule or air permit conditions

b) any recorded 12-hour average CO emission rate is above the emissions limitation c) the control device was bypassed or d) a performance test was conducted that showed a deviation from any emission

limitation

Possible Malfunction and Corrective Action Procedures

1 Control panel does not-display the secondary chamber temperature

a) Check the fuse and power to the panel and check all connections from the probe to the data logger

b) Test for ambient temperature readout at the control without thermocouple connection

The Kippur Corporation El Paso Contraband Incinerator Unit Operating Procedures Page 8

c) d)

Confirm whether there is a thennocouple failure or instrument failure Confirm that the thennocouple and data logger are operational before operating the contraband incinerator unit

2 Visible emissions are present out the stack a) Adjust incinerator unit feed rate and confinn afterburner chamber operating

temperature b) Adjust combustion chamber air intake draft c) Check for baghouse system malfunction (low pressure drop indicates

interruption of baghouse fabric integrity) and make control system inspection and necessary repairs

d) Note and record afterburner chamber temperature the date time and duration of excessive emissions andlor opacity in Malfunction and Maintenance Log

EI Paso Contraband Incinerator Unit Malfnnction and Maintenance Log

DatelTimeTime Time DatelTime

CorrectiveRepairs Corrective Unit Operator Date Malfunction Cause ofMalfunction CorrectiveMalfunction ActionAction Signature

Action Started Started Ended Completed

Use supplemental pages as necessary to indicate whether an operating limit or emission limitation was exceeded and whether there was an

emissions event that is reportable to TCEQ (refer to TCEQ Reportable Event Guidance Instructions and Reportable Event Form)

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION6

1445 ROSS AVENUE SUITE 1200 DALLAS TX 75202-2733

July 28 20 II

Sean OBrien Texas Commission on Environmental Quality Mail Code 163 PO Box 13087 Austin TX 78711-3087

RE Applicability Determination New Source Performance Standards (NSPS) for Other Solid Waste Incinerators (OS WI) Subparts EEEE and FFFI Kippur Corporation

Dear Mr OBrien

The purpose of this letter is to follow up on a telephone conversation between you and Kathleen Aisling of my staff on May 31 2011 regarding the Kippur Corp (Kippur) contraband incinerator located in El Paso Texas and the applicability ofNSPS Subparts EEEE and 1111 As further explained in this lettcr Kippurs operations of the incinerator do not meet the exemptions in NSPS Subpart EEEE and IFFI thus Kippur is subject to the regulations

Kippur operates a dual chamber commercial incinerator which incinerates contraband for US Customs and Border Protection (CBP) On October 7 2010 Kippur sent a petition to the Environmentallrotection Agency (EPA) under NSPS Subpart FFII(40 Code oflederal Regulations (CFR) sect 603024) requesting to limit emissions in a manner other than through the use of a wet scrubber or air pollution control device(APCD) EPAs April 142011 response letter said in part If a modification occurred then according to 40 CFR sect 602992 the OSWI Unit becomes subject to the NSPS Subpart EEEE and NSlS Subpart FFFF no longer applies In the letter EPA denied the petition as submil1ed but requested that engineering information and process control clarifications on operations of the OSWI unit be provided by Kippur so that we could make an applicability determination for Subparts EEEE and 1111 and re-evaluate the petition

On May 112011 Kippur wrote to the Texas Commission on Environmental Quality (TCEQ) without supplying-additional information stating that the incinerator was considered an other solid waste incineration (OS WI) unit that was regulated under TCEQ Chapter 113 Subpart D (NSPS Subpart 1111) Kippur also wrote Units identified in NSPS 1111 at sect 602993 that are excluded from the state plan include (u)nits that combust contraband if the unit is owned or operated by a government agency such as police customs agricultural inspection or a similar agency to destroy only illegal or prohibited goods such as illegal drugs [Section

602993(p)]

Kippurs May II 2011 letter further stated that Kippur had reviewed the definition of owner or operator at 40 CFR sect 602 Definitions which states Owner or operator means

Internet Address (UALJ bull httpwwwepagOVreglon6 RecycledRecyclable bull Prinle~ wi1h Vegetable Oil 8ased Inks on 100 Recycled Paper Process Chlorine Free

KIPPUR CORP Cus tom Incineration

8770 Castner E I Paso Texas 79907 RECElvEtI Mailing Address PO Box 28898 Tucson Arizona 85726 MAY 11 2011(520) 237-4852 Fax (520) 748-2752

~RPERMITS DIVISIOt Standard Operating Procedure for Kippur-EI Paso Contraband Incineration Unit

Normal Start-Up and Operation of EI Paso Contraband Incinerator Unit

An incineration facility operator will arrive prior to scheduled delivery of contraband for destruction by US Customs and Border Protection officers and pcrform the following functions

I) A Kippur facility operator will admit scheduled officers of US Customs and Border Protection (CBP) for staging of contraband for weigh-in and inspection of the facility An assisting operator will

a) start the baghouse system operating components and controls b) prepare fuel for startup fire and turn on combustion unit blowers c) ignite startup fire and tum on the afterburner d) check CO02 CEMS operation e) monitor the incinerator warm-up process and f) check the temperature and CEMS data loggers for proper connection

2) A CBP supervisor will be present among a contingent of officers who will be responsible to

a) visually inspect the facility scale low-speed shredder conveyor system the incinerator unit and the baghouse

b) bring to the attention of the assisting facility operator any detected misadjusted or broken equipment or items in need of repair or adjustment before commencing with the burn

c) complete the check-in process before any feed into the incinerator and acknowledge acceptability of facility operational status for start of contraband

feed (minimum afterburner operating temperature must be at least 1400 OF) d) initiate the feed of contraband into the incinerator feed system e) assure recording of time of day of start-up and time of day of initiation of feed

in the contraband incinerator log sheets as well as the time of day of the cessation of feed into the incinerator unit and

f) coordinate recording of the hourly weight of contraband feed in the incinerator log sheets distinguishing between marijuana feed and narcotics feed

3) The afterburner chamber must reach at least 1400 OF before starting contraband feed into the primary combustion chamber During operations required operating and monitoring data collected must be recorded in the incinerator log sheets including the start and end times of contraband feed into the incinerator unit the hourly feed rates

The Kippur Corporation EI Paso Contraband Incinerator Unit Operating Procedures Page 2

baghouse pressure drop observation for visible emissions from baghouse stack CEMS function and temperature monitoring data collection

4) The assisting Kippur facility operator will facilitate smooth operation by

a) monitoring incinerator operating parameters and make any adjustments as necessary to maintain optimal operating conditions

b) monitoring baghouse operating parameters and make any adjustments as necessary to assure maximum emissions control efficiency

c) inspecting the incinerator ash receiver during each burn through a slotted view port to assure proper ash collection and to remove any obstructions

5) The CBP incineration supervisor will

a) monitor contraband feed so that the 1000 lblhour marijuana and the 10 lblhour narcotics limits under the TCEQ air permit is adhered to and

b) confirm recording ofa distinctive log of the weights of contraband fed into the incinerator during the course of the entire burn and

c) receive confirmation of maintaining required unit operating parameters as burn proceeds

Safety and Emergency Procedures for the EI Paso Contraband Incinerator

1) No combustibles to be stored within fifteen feet of incinerator 2) Fire extinguishers to always be currently charged and accessible 3) Water hose to be in good working order and accessible 4) Temperature and control gauges on incinerator to be regularly monitored at least

hourly 5) Control gauges which automatically shut off gas supply in event of failure to be kept

in prime working order 6) All maintenance and repair work on incinerator to be completed by licensed and

qualified trades-people 7) In case of equipment failure the incinerator operator will attempt to resolve the problem

and report the incident to the Kippur-Tucson home office 8) In case of catastrophic failure employee will make sure building is evacuated and call

911

Normal Shutdown of the El Paso Contraband Incineration Unit

1) The shutdown period for the contraband incinerator starts after the last of the contraband is fed into the incinerator and the fire begins to die down The electric motor driven low-speed shredder and the conveyor feed belt are shut down

The Kippur Corporation El Paso Contraband Incinerator Unit Operating Procedures Page 3

2) For approximately the last 30 minutes of each bum incinerator rotation is slowed as the fire diminishes until the fire bums out with contraband fuel depletion The shutdown steps are typically monitored by CBP staff and carried out by the Kippur staff

a) b) c)

d) e)

as smoldering ceases the incinerator cools down after another 30 minutes shutdown the natural gas-fired afterburner and instrument panel after the cool-down period ashes remaining in the combustion chamber are raked into the ash bin shut down the baghouse system and process instrumentation the full ash bin is removed from the unit and is staged for an extended 5-day cool-down period after which cooled bottom ash is transferred from the ash bin into a waste hopper for disposal

3) At the end of the burn after the CBP supervisory personnel involved are satisfied that all contraband has been destroyed a designated law enforcement agency representative shall sign off on the Kippur-El Paso Contraband Incineration Log

4) The Kippur operator and CBP supervisor will stay until the incinerator cool down is complete and secure the facility before leaving the site The time of day of end of the observed incinerator cool-down period will be recorded in the log

The Kippur Corporation El Paso Contraband Incinerator Unit Operating Procedures Page 4

The Kippur Corporation EI Paso Contraband Incinerator Block Flow Diagram

EPN 1 Common

Contraband from Natural Gas Fuel Exhaust Stack Law Enfo rcement

Agen cy 1 I I

(mariju ana amp narco tics) Primary Afterburner Incinerator 8aghousesCombustion Chamber Exhaust Duct 1shy1-Chamber I

I

Startup Fuel 1 Cooling Air Fly Ash

Bottom Ash Bleed Collected for Off-Collected for Site Disposal

Disposal

The Kippur Corporation EI Paso Contraband Incinerator Unit Operating Procedures Page 5

Contraband Incinerator Unit Maintenance Schedule

The contraband incinerator is to be maintained by Kippur staff and records kept of the following

1) Weekly inspections (coinciding wscheduled burns) maintenance and records kept of the following

a) Inspect all combustion chambers for refractory damage and repair as needed b) Check natural gas fuel lines and connections for leaks and check afterburner

nozzles for blockage and repair as needed c) Check and clean blower fans as necessary d) Inspect and repair any structural area of the incinerator e) Check baghouse system pressure drop gauge settings are correct f) Check baghouse system air compressor system for proper operation g) Check and record baghouse system pressure drop reading at least once each

day of operation

2) Annual inspection and the following maintenance and recordkeeping will be completed by Kippur staff or contractors as necessary

a) Calibrate temperature monitoring instrumentation b) Calibrate weigh-in scale c) Inspect all burners igniters and temperature sensing devices d) Inspect for proper adjustment of combustion air and dilution air e) Inspect fresh air vents dampers fans and blowers for proper operation f) Inspect for proper sealing g) Inspect motors for proper operation h) Inspect combustion chamber refractory lining i) Inspect combustion chamber shells for corrosion andor hot spots j) Inspect baghouse system for leaks and check fabric filter media for integrity k) Inspect baghouse blower and motor for proper operation I) Check pressure drop gauge settings are correct m) Inspect air compressor systems for proper operation

The Kippur Corporation El Paso Contraband Incinerator Unit Operating Procedures Page 6

Contraband Incinerator Unit Monitoring

The following operating parameters are to be monitored and recorded for air permit and air regulation compliance determinations

1) afterburner chamber operating temperatures 2) baghouse pressure drop 3) visible emissions monitoring and opacity recordkeeping and 4) CEMS data for emission limitations compliance determinations

The secondary chamber (afterburner chamber) temperature will be monitored by temperature probes located in the afterburner chamber for the display monitor and for the data logger Temperature monitoring will record the temperature in IS-minute block averages (with a minimum of one cycle of operation per 15 minutes) and 3-hour block averages The data logger will be uploaded and saved to the PC every 30 calendar days while in operation

Baghouse pressure drop will be observed and recorded by the incinerator operating personnel at least once during each burn Incineration unit operator will record time and date of all baghouse system low pressure drop alarms and each inspection and maintenance steps taken in response to such alarms

The incinerator unit operator will make visible emissions observations and will make Reference Method 9 opacity observations and records whenever exhaust stack emissions are visible

All monitoring probes and associated instrumentation scales gauges and CEMS will be calibrated as required under state regulations federal regulations and air pennit 9 1547 special condition requirements

The Kippur Corporation El Paso Contraband Incinerator Unit Operating Procedures Page 7

Record Contraband Incinerator Unit Malfunctions and Corrective Actions Records and Reporting

For all malfunctions

I) Record the calendar date and time the malfunction began and ended in the El Paso Contraband Incinerator Malfunction and Maintenance Log

2) In the Log record the cause of the malfunction and describe the deviation from air regulation or air permit provision requirements

3) Also record the corrective actions taken including the calendar date and time the corrective action began and when it was completed

4) Determine whether the malfunction caused excess air contaminant emissions that require recording and reporting under the TCEQ Reportable Events requirement if so complete the TCEQ Reportable Event Form and provide timely notification to the TCEQ Region 6 office If notification to TCEQ is not required then prepare a Malfunction Log entry that documents why the emissions event is not reportable

5) Confirm in the Malfunction and Maintenance Log whether an operating limit or emissions limitation has been exceeded

6) The incinerator owner or operator should sign off on the incident reported in the Malfunction Log

7) Prepare and submit semi-annual deviation reports by August 1 of that year for data collected during the first balf of the calendar year (January 1 to June 30) and by February I of the following year for data collected during the second half of the calendar year (July 1 to December 31) (refer to TCEQ Chapter 113 section 1132339)

Also a deviation report is required if

a) any recorded 3-hour average parameter level is above the maximum operating limit or below the minimum operation limit established by TCEQ rule or air permit conditions

b) any recorded 12-hour average CO emission rate is above the emissions limitation c) the control device was bypassed or d) a performance test was conducted that showed a deviation from any emission

limitation

Possible Malfunction and Corrective Action Procedures

1 Control panel does not-display the secondary chamber temperature

a) Check the fuse and power to the panel and check all connections from the probe to the data logger

b) Test for ambient temperature readout at the control without thermocouple connection

The Kippur Corporation El Paso Contraband Incinerator Unit Operating Procedures Page 8

c) d)

Confirm whether there is a thennocouple failure or instrument failure Confirm that the thennocouple and data logger are operational before operating the contraband incinerator unit

2 Visible emissions are present out the stack a) Adjust incinerator unit feed rate and confinn afterburner chamber operating

temperature b) Adjust combustion chamber air intake draft c) Check for baghouse system malfunction (low pressure drop indicates

interruption of baghouse fabric integrity) and make control system inspection and necessary repairs

d) Note and record afterburner chamber temperature the date time and duration of excessive emissions andlor opacity in Malfunction and Maintenance Log

EI Paso Contraband Incinerator Unit Malfnnction and Maintenance Log

DatelTimeTime Time DatelTime

CorrectiveRepairs Corrective Unit Operator Date Malfunction Cause ofMalfunction CorrectiveMalfunction ActionAction Signature

Action Started Started Ended Completed

Use supplemental pages as necessary to indicate whether an operating limit or emission limitation was exceeded and whether there was an

emissions event that is reportable to TCEQ (refer to TCEQ Reportable Event Guidance Instructions and Reportable Event Form)

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION6

1445 ROSS AVENUE SUITE 1200 DALLAS TX 75202-2733

July 28 20 II

Sean OBrien Texas Commission on Environmental Quality Mail Code 163 PO Box 13087 Austin TX 78711-3087

RE Applicability Determination New Source Performance Standards (NSPS) for Other Solid Waste Incinerators (OS WI) Subparts EEEE and FFFI Kippur Corporation

Dear Mr OBrien

The purpose of this letter is to follow up on a telephone conversation between you and Kathleen Aisling of my staff on May 31 2011 regarding the Kippur Corp (Kippur) contraband incinerator located in El Paso Texas and the applicability ofNSPS Subparts EEEE and 1111 As further explained in this lettcr Kippurs operations of the incinerator do not meet the exemptions in NSPS Subpart EEEE and IFFI thus Kippur is subject to the regulations

Kippur operates a dual chamber commercial incinerator which incinerates contraband for US Customs and Border Protection (CBP) On October 7 2010 Kippur sent a petition to the Environmentallrotection Agency (EPA) under NSPS Subpart FFII(40 Code oflederal Regulations (CFR) sect 603024) requesting to limit emissions in a manner other than through the use of a wet scrubber or air pollution control device(APCD) EPAs April 142011 response letter said in part If a modification occurred then according to 40 CFR sect 602992 the OSWI Unit becomes subject to the NSPS Subpart EEEE and NSlS Subpart FFFF no longer applies In the letter EPA denied the petition as submil1ed but requested that engineering information and process control clarifications on operations of the OSWI unit be provided by Kippur so that we could make an applicability determination for Subparts EEEE and 1111 and re-evaluate the petition

On May 112011 Kippur wrote to the Texas Commission on Environmental Quality (TCEQ) without supplying-additional information stating that the incinerator was considered an other solid waste incineration (OS WI) unit that was regulated under TCEQ Chapter 113 Subpart D (NSPS Subpart 1111) Kippur also wrote Units identified in NSPS 1111 at sect 602993 that are excluded from the state plan include (u)nits that combust contraband if the unit is owned or operated by a government agency such as police customs agricultural inspection or a similar agency to destroy only illegal or prohibited goods such as illegal drugs [Section

602993(p)]

Kippurs May II 2011 letter further stated that Kippur had reviewed the definition of owner or operator at 40 CFR sect 602 Definitions which states Owner or operator means

Internet Address (UALJ bull httpwwwepagOVreglon6 RecycledRecyclable bull Prinle~ wi1h Vegetable Oil 8ased Inks on 100 Recycled Paper Process Chlorine Free

The Kippur Corporation EI Paso Contraband Incinerator Unit Operating Procedures Page 2

baghouse pressure drop observation for visible emissions from baghouse stack CEMS function and temperature monitoring data collection

4) The assisting Kippur facility operator will facilitate smooth operation by

a) monitoring incinerator operating parameters and make any adjustments as necessary to maintain optimal operating conditions

b) monitoring baghouse operating parameters and make any adjustments as necessary to assure maximum emissions control efficiency

c) inspecting the incinerator ash receiver during each burn through a slotted view port to assure proper ash collection and to remove any obstructions

5) The CBP incineration supervisor will

a) monitor contraband feed so that the 1000 lblhour marijuana and the 10 lblhour narcotics limits under the TCEQ air permit is adhered to and

b) confirm recording ofa distinctive log of the weights of contraband fed into the incinerator during the course of the entire burn and

c) receive confirmation of maintaining required unit operating parameters as burn proceeds

Safety and Emergency Procedures for the EI Paso Contraband Incinerator

1) No combustibles to be stored within fifteen feet of incinerator 2) Fire extinguishers to always be currently charged and accessible 3) Water hose to be in good working order and accessible 4) Temperature and control gauges on incinerator to be regularly monitored at least

hourly 5) Control gauges which automatically shut off gas supply in event of failure to be kept

in prime working order 6) All maintenance and repair work on incinerator to be completed by licensed and

qualified trades-people 7) In case of equipment failure the incinerator operator will attempt to resolve the problem

and report the incident to the Kippur-Tucson home office 8) In case of catastrophic failure employee will make sure building is evacuated and call

911

Normal Shutdown of the El Paso Contraband Incineration Unit

1) The shutdown period for the contraband incinerator starts after the last of the contraband is fed into the incinerator and the fire begins to die down The electric motor driven low-speed shredder and the conveyor feed belt are shut down

The Kippur Corporation El Paso Contraband Incinerator Unit Operating Procedures Page 3

2) For approximately the last 30 minutes of each bum incinerator rotation is slowed as the fire diminishes until the fire bums out with contraband fuel depletion The shutdown steps are typically monitored by CBP staff and carried out by the Kippur staff

a) b) c)

d) e)

as smoldering ceases the incinerator cools down after another 30 minutes shutdown the natural gas-fired afterburner and instrument panel after the cool-down period ashes remaining in the combustion chamber are raked into the ash bin shut down the baghouse system and process instrumentation the full ash bin is removed from the unit and is staged for an extended 5-day cool-down period after which cooled bottom ash is transferred from the ash bin into a waste hopper for disposal

3) At the end of the burn after the CBP supervisory personnel involved are satisfied that all contraband has been destroyed a designated law enforcement agency representative shall sign off on the Kippur-El Paso Contraband Incineration Log

4) The Kippur operator and CBP supervisor will stay until the incinerator cool down is complete and secure the facility before leaving the site The time of day of end of the observed incinerator cool-down period will be recorded in the log

The Kippur Corporation El Paso Contraband Incinerator Unit Operating Procedures Page 4

The Kippur Corporation EI Paso Contraband Incinerator Block Flow Diagram

EPN 1 Common

Contraband from Natural Gas Fuel Exhaust Stack Law Enfo rcement

Agen cy 1 I I

(mariju ana amp narco tics) Primary Afterburner Incinerator 8aghousesCombustion Chamber Exhaust Duct 1shy1-Chamber I

I

Startup Fuel 1 Cooling Air Fly Ash

Bottom Ash Bleed Collected for Off-Collected for Site Disposal

Disposal

The Kippur Corporation EI Paso Contraband Incinerator Unit Operating Procedures Page 5

Contraband Incinerator Unit Maintenance Schedule

The contraband incinerator is to be maintained by Kippur staff and records kept of the following

1) Weekly inspections (coinciding wscheduled burns) maintenance and records kept of the following

a) Inspect all combustion chambers for refractory damage and repair as needed b) Check natural gas fuel lines and connections for leaks and check afterburner

nozzles for blockage and repair as needed c) Check and clean blower fans as necessary d) Inspect and repair any structural area of the incinerator e) Check baghouse system pressure drop gauge settings are correct f) Check baghouse system air compressor system for proper operation g) Check and record baghouse system pressure drop reading at least once each

day of operation

2) Annual inspection and the following maintenance and recordkeeping will be completed by Kippur staff or contractors as necessary

a) Calibrate temperature monitoring instrumentation b) Calibrate weigh-in scale c) Inspect all burners igniters and temperature sensing devices d) Inspect for proper adjustment of combustion air and dilution air e) Inspect fresh air vents dampers fans and blowers for proper operation f) Inspect for proper sealing g) Inspect motors for proper operation h) Inspect combustion chamber refractory lining i) Inspect combustion chamber shells for corrosion andor hot spots j) Inspect baghouse system for leaks and check fabric filter media for integrity k) Inspect baghouse blower and motor for proper operation I) Check pressure drop gauge settings are correct m) Inspect air compressor systems for proper operation

The Kippur Corporation El Paso Contraband Incinerator Unit Operating Procedures Page 6

Contraband Incinerator Unit Monitoring

The following operating parameters are to be monitored and recorded for air permit and air regulation compliance determinations

1) afterburner chamber operating temperatures 2) baghouse pressure drop 3) visible emissions monitoring and opacity recordkeeping and 4) CEMS data for emission limitations compliance determinations

The secondary chamber (afterburner chamber) temperature will be monitored by temperature probes located in the afterburner chamber for the display monitor and for the data logger Temperature monitoring will record the temperature in IS-minute block averages (with a minimum of one cycle of operation per 15 minutes) and 3-hour block averages The data logger will be uploaded and saved to the PC every 30 calendar days while in operation

Baghouse pressure drop will be observed and recorded by the incinerator operating personnel at least once during each burn Incineration unit operator will record time and date of all baghouse system low pressure drop alarms and each inspection and maintenance steps taken in response to such alarms

The incinerator unit operator will make visible emissions observations and will make Reference Method 9 opacity observations and records whenever exhaust stack emissions are visible

All monitoring probes and associated instrumentation scales gauges and CEMS will be calibrated as required under state regulations federal regulations and air pennit 9 1547 special condition requirements

The Kippur Corporation El Paso Contraband Incinerator Unit Operating Procedures Page 7

Record Contraband Incinerator Unit Malfunctions and Corrective Actions Records and Reporting

For all malfunctions

I) Record the calendar date and time the malfunction began and ended in the El Paso Contraband Incinerator Malfunction and Maintenance Log

2) In the Log record the cause of the malfunction and describe the deviation from air regulation or air permit provision requirements

3) Also record the corrective actions taken including the calendar date and time the corrective action began and when it was completed

4) Determine whether the malfunction caused excess air contaminant emissions that require recording and reporting under the TCEQ Reportable Events requirement if so complete the TCEQ Reportable Event Form and provide timely notification to the TCEQ Region 6 office If notification to TCEQ is not required then prepare a Malfunction Log entry that documents why the emissions event is not reportable

5) Confirm in the Malfunction and Maintenance Log whether an operating limit or emissions limitation has been exceeded

6) The incinerator owner or operator should sign off on the incident reported in the Malfunction Log

7) Prepare and submit semi-annual deviation reports by August 1 of that year for data collected during the first balf of the calendar year (January 1 to June 30) and by February I of the following year for data collected during the second half of the calendar year (July 1 to December 31) (refer to TCEQ Chapter 113 section 1132339)

Also a deviation report is required if

a) any recorded 3-hour average parameter level is above the maximum operating limit or below the minimum operation limit established by TCEQ rule or air permit conditions

b) any recorded 12-hour average CO emission rate is above the emissions limitation c) the control device was bypassed or d) a performance test was conducted that showed a deviation from any emission

limitation

Possible Malfunction and Corrective Action Procedures

1 Control panel does not-display the secondary chamber temperature

a) Check the fuse and power to the panel and check all connections from the probe to the data logger

b) Test for ambient temperature readout at the control without thermocouple connection

The Kippur Corporation El Paso Contraband Incinerator Unit Operating Procedures Page 8

c) d)

Confirm whether there is a thennocouple failure or instrument failure Confirm that the thennocouple and data logger are operational before operating the contraband incinerator unit

2 Visible emissions are present out the stack a) Adjust incinerator unit feed rate and confinn afterburner chamber operating

temperature b) Adjust combustion chamber air intake draft c) Check for baghouse system malfunction (low pressure drop indicates

interruption of baghouse fabric integrity) and make control system inspection and necessary repairs

d) Note and record afterburner chamber temperature the date time and duration of excessive emissions andlor opacity in Malfunction and Maintenance Log

EI Paso Contraband Incinerator Unit Malfnnction and Maintenance Log

DatelTimeTime Time DatelTime

CorrectiveRepairs Corrective Unit Operator Date Malfunction Cause ofMalfunction CorrectiveMalfunction ActionAction Signature

Action Started Started Ended Completed

Use supplemental pages as necessary to indicate whether an operating limit or emission limitation was exceeded and whether there was an

emissions event that is reportable to TCEQ (refer to TCEQ Reportable Event Guidance Instructions and Reportable Event Form)

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION6

1445 ROSS AVENUE SUITE 1200 DALLAS TX 75202-2733

July 28 20 II

Sean OBrien Texas Commission on Environmental Quality Mail Code 163 PO Box 13087 Austin TX 78711-3087

RE Applicability Determination New Source Performance Standards (NSPS) for Other Solid Waste Incinerators (OS WI) Subparts EEEE and FFFI Kippur Corporation

Dear Mr OBrien

The purpose of this letter is to follow up on a telephone conversation between you and Kathleen Aisling of my staff on May 31 2011 regarding the Kippur Corp (Kippur) contraband incinerator located in El Paso Texas and the applicability ofNSPS Subparts EEEE and 1111 As further explained in this lettcr Kippurs operations of the incinerator do not meet the exemptions in NSPS Subpart EEEE and IFFI thus Kippur is subject to the regulations

Kippur operates a dual chamber commercial incinerator which incinerates contraband for US Customs and Border Protection (CBP) On October 7 2010 Kippur sent a petition to the Environmentallrotection Agency (EPA) under NSPS Subpart FFII(40 Code oflederal Regulations (CFR) sect 603024) requesting to limit emissions in a manner other than through the use of a wet scrubber or air pollution control device(APCD) EPAs April 142011 response letter said in part If a modification occurred then according to 40 CFR sect 602992 the OSWI Unit becomes subject to the NSPS Subpart EEEE and NSlS Subpart FFFF no longer applies In the letter EPA denied the petition as submil1ed but requested that engineering information and process control clarifications on operations of the OSWI unit be provided by Kippur so that we could make an applicability determination for Subparts EEEE and 1111 and re-evaluate the petition

On May 112011 Kippur wrote to the Texas Commission on Environmental Quality (TCEQ) without supplying-additional information stating that the incinerator was considered an other solid waste incineration (OS WI) unit that was regulated under TCEQ Chapter 113 Subpart D (NSPS Subpart 1111) Kippur also wrote Units identified in NSPS 1111 at sect 602993 that are excluded from the state plan include (u)nits that combust contraband if the unit is owned or operated by a government agency such as police customs agricultural inspection or a similar agency to destroy only illegal or prohibited goods such as illegal drugs [Section

602993(p)]

Kippurs May II 2011 letter further stated that Kippur had reviewed the definition of owner or operator at 40 CFR sect 602 Definitions which states Owner or operator means

Internet Address (UALJ bull httpwwwepagOVreglon6 RecycledRecyclable bull Prinle~ wi1h Vegetable Oil 8ased Inks on 100 Recycled Paper Process Chlorine Free

The Kippur Corporation El Paso Contraband Incinerator Unit Operating Procedures Page 3

2) For approximately the last 30 minutes of each bum incinerator rotation is slowed as the fire diminishes until the fire bums out with contraband fuel depletion The shutdown steps are typically monitored by CBP staff and carried out by the Kippur staff

a) b) c)

d) e)

as smoldering ceases the incinerator cools down after another 30 minutes shutdown the natural gas-fired afterburner and instrument panel after the cool-down period ashes remaining in the combustion chamber are raked into the ash bin shut down the baghouse system and process instrumentation the full ash bin is removed from the unit and is staged for an extended 5-day cool-down period after which cooled bottom ash is transferred from the ash bin into a waste hopper for disposal

3) At the end of the burn after the CBP supervisory personnel involved are satisfied that all contraband has been destroyed a designated law enforcement agency representative shall sign off on the Kippur-El Paso Contraband Incineration Log

4) The Kippur operator and CBP supervisor will stay until the incinerator cool down is complete and secure the facility before leaving the site The time of day of end of the observed incinerator cool-down period will be recorded in the log

The Kippur Corporation El Paso Contraband Incinerator Unit Operating Procedures Page 4

The Kippur Corporation EI Paso Contraband Incinerator Block Flow Diagram

EPN 1 Common

Contraband from Natural Gas Fuel Exhaust Stack Law Enfo rcement

Agen cy 1 I I

(mariju ana amp narco tics) Primary Afterburner Incinerator 8aghousesCombustion Chamber Exhaust Duct 1shy1-Chamber I

I

Startup Fuel 1 Cooling Air Fly Ash

Bottom Ash Bleed Collected for Off-Collected for Site Disposal

Disposal

The Kippur Corporation EI Paso Contraband Incinerator Unit Operating Procedures Page 5

Contraband Incinerator Unit Maintenance Schedule

The contraband incinerator is to be maintained by Kippur staff and records kept of the following

1) Weekly inspections (coinciding wscheduled burns) maintenance and records kept of the following

a) Inspect all combustion chambers for refractory damage and repair as needed b) Check natural gas fuel lines and connections for leaks and check afterburner

nozzles for blockage and repair as needed c) Check and clean blower fans as necessary d) Inspect and repair any structural area of the incinerator e) Check baghouse system pressure drop gauge settings are correct f) Check baghouse system air compressor system for proper operation g) Check and record baghouse system pressure drop reading at least once each

day of operation

2) Annual inspection and the following maintenance and recordkeeping will be completed by Kippur staff or contractors as necessary

a) Calibrate temperature monitoring instrumentation b) Calibrate weigh-in scale c) Inspect all burners igniters and temperature sensing devices d) Inspect for proper adjustment of combustion air and dilution air e) Inspect fresh air vents dampers fans and blowers for proper operation f) Inspect for proper sealing g) Inspect motors for proper operation h) Inspect combustion chamber refractory lining i) Inspect combustion chamber shells for corrosion andor hot spots j) Inspect baghouse system for leaks and check fabric filter media for integrity k) Inspect baghouse blower and motor for proper operation I) Check pressure drop gauge settings are correct m) Inspect air compressor systems for proper operation

The Kippur Corporation El Paso Contraband Incinerator Unit Operating Procedures Page 6

Contraband Incinerator Unit Monitoring

The following operating parameters are to be monitored and recorded for air permit and air regulation compliance determinations

1) afterburner chamber operating temperatures 2) baghouse pressure drop 3) visible emissions monitoring and opacity recordkeeping and 4) CEMS data for emission limitations compliance determinations

The secondary chamber (afterburner chamber) temperature will be monitored by temperature probes located in the afterburner chamber for the display monitor and for the data logger Temperature monitoring will record the temperature in IS-minute block averages (with a minimum of one cycle of operation per 15 minutes) and 3-hour block averages The data logger will be uploaded and saved to the PC every 30 calendar days while in operation

Baghouse pressure drop will be observed and recorded by the incinerator operating personnel at least once during each burn Incineration unit operator will record time and date of all baghouse system low pressure drop alarms and each inspection and maintenance steps taken in response to such alarms

The incinerator unit operator will make visible emissions observations and will make Reference Method 9 opacity observations and records whenever exhaust stack emissions are visible

All monitoring probes and associated instrumentation scales gauges and CEMS will be calibrated as required under state regulations federal regulations and air pennit 9 1547 special condition requirements

The Kippur Corporation El Paso Contraband Incinerator Unit Operating Procedures Page 7

Record Contraband Incinerator Unit Malfunctions and Corrective Actions Records and Reporting

For all malfunctions

I) Record the calendar date and time the malfunction began and ended in the El Paso Contraband Incinerator Malfunction and Maintenance Log

2) In the Log record the cause of the malfunction and describe the deviation from air regulation or air permit provision requirements

3) Also record the corrective actions taken including the calendar date and time the corrective action began and when it was completed

4) Determine whether the malfunction caused excess air contaminant emissions that require recording and reporting under the TCEQ Reportable Events requirement if so complete the TCEQ Reportable Event Form and provide timely notification to the TCEQ Region 6 office If notification to TCEQ is not required then prepare a Malfunction Log entry that documents why the emissions event is not reportable

5) Confirm in the Malfunction and Maintenance Log whether an operating limit or emissions limitation has been exceeded

6) The incinerator owner or operator should sign off on the incident reported in the Malfunction Log

7) Prepare and submit semi-annual deviation reports by August 1 of that year for data collected during the first balf of the calendar year (January 1 to June 30) and by February I of the following year for data collected during the second half of the calendar year (July 1 to December 31) (refer to TCEQ Chapter 113 section 1132339)

Also a deviation report is required if

a) any recorded 3-hour average parameter level is above the maximum operating limit or below the minimum operation limit established by TCEQ rule or air permit conditions

b) any recorded 12-hour average CO emission rate is above the emissions limitation c) the control device was bypassed or d) a performance test was conducted that showed a deviation from any emission

limitation

Possible Malfunction and Corrective Action Procedures

1 Control panel does not-display the secondary chamber temperature

a) Check the fuse and power to the panel and check all connections from the probe to the data logger

b) Test for ambient temperature readout at the control without thermocouple connection

The Kippur Corporation El Paso Contraband Incinerator Unit Operating Procedures Page 8

c) d)

Confirm whether there is a thennocouple failure or instrument failure Confirm that the thennocouple and data logger are operational before operating the contraband incinerator unit

2 Visible emissions are present out the stack a) Adjust incinerator unit feed rate and confinn afterburner chamber operating

temperature b) Adjust combustion chamber air intake draft c) Check for baghouse system malfunction (low pressure drop indicates

interruption of baghouse fabric integrity) and make control system inspection and necessary repairs

d) Note and record afterburner chamber temperature the date time and duration of excessive emissions andlor opacity in Malfunction and Maintenance Log

EI Paso Contraband Incinerator Unit Malfnnction and Maintenance Log

DatelTimeTime Time DatelTime

CorrectiveRepairs Corrective Unit Operator Date Malfunction Cause ofMalfunction CorrectiveMalfunction ActionAction Signature

Action Started Started Ended Completed

Use supplemental pages as necessary to indicate whether an operating limit or emission limitation was exceeded and whether there was an

emissions event that is reportable to TCEQ (refer to TCEQ Reportable Event Guidance Instructions and Reportable Event Form)

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION6

1445 ROSS AVENUE SUITE 1200 DALLAS TX 75202-2733

July 28 20 II

Sean OBrien Texas Commission on Environmental Quality Mail Code 163 PO Box 13087 Austin TX 78711-3087

RE Applicability Determination New Source Performance Standards (NSPS) for Other Solid Waste Incinerators (OS WI) Subparts EEEE and FFFI Kippur Corporation

Dear Mr OBrien

The purpose of this letter is to follow up on a telephone conversation between you and Kathleen Aisling of my staff on May 31 2011 regarding the Kippur Corp (Kippur) contraband incinerator located in El Paso Texas and the applicability ofNSPS Subparts EEEE and 1111 As further explained in this lettcr Kippurs operations of the incinerator do not meet the exemptions in NSPS Subpart EEEE and IFFI thus Kippur is subject to the regulations

Kippur operates a dual chamber commercial incinerator which incinerates contraband for US Customs and Border Protection (CBP) On October 7 2010 Kippur sent a petition to the Environmentallrotection Agency (EPA) under NSPS Subpart FFII(40 Code oflederal Regulations (CFR) sect 603024) requesting to limit emissions in a manner other than through the use of a wet scrubber or air pollution control device(APCD) EPAs April 142011 response letter said in part If a modification occurred then according to 40 CFR sect 602992 the OSWI Unit becomes subject to the NSPS Subpart EEEE and NSlS Subpart FFFF no longer applies In the letter EPA denied the petition as submil1ed but requested that engineering information and process control clarifications on operations of the OSWI unit be provided by Kippur so that we could make an applicability determination for Subparts EEEE and 1111 and re-evaluate the petition

On May 112011 Kippur wrote to the Texas Commission on Environmental Quality (TCEQ) without supplying-additional information stating that the incinerator was considered an other solid waste incineration (OS WI) unit that was regulated under TCEQ Chapter 113 Subpart D (NSPS Subpart 1111) Kippur also wrote Units identified in NSPS 1111 at sect 602993 that are excluded from the state plan include (u)nits that combust contraband if the unit is owned or operated by a government agency such as police customs agricultural inspection or a similar agency to destroy only illegal or prohibited goods such as illegal drugs [Section

602993(p)]

Kippurs May II 2011 letter further stated that Kippur had reviewed the definition of owner or operator at 40 CFR sect 602 Definitions which states Owner or operator means

Internet Address (UALJ bull httpwwwepagOVreglon6 RecycledRecyclable bull Prinle~ wi1h Vegetable Oil 8ased Inks on 100 Recycled Paper Process Chlorine Free

The Kippur Corporation El Paso Contraband Incinerator Unit Operating Procedures Page 4

The Kippur Corporation EI Paso Contraband Incinerator Block Flow Diagram

EPN 1 Common

Contraband from Natural Gas Fuel Exhaust Stack Law Enfo rcement

Agen cy 1 I I

(mariju ana amp narco tics) Primary Afterburner Incinerator 8aghousesCombustion Chamber Exhaust Duct 1shy1-Chamber I

I

Startup Fuel 1 Cooling Air Fly Ash

Bottom Ash Bleed Collected for Off-Collected for Site Disposal

Disposal

The Kippur Corporation EI Paso Contraband Incinerator Unit Operating Procedures Page 5

Contraband Incinerator Unit Maintenance Schedule

The contraband incinerator is to be maintained by Kippur staff and records kept of the following

1) Weekly inspections (coinciding wscheduled burns) maintenance and records kept of the following

a) Inspect all combustion chambers for refractory damage and repair as needed b) Check natural gas fuel lines and connections for leaks and check afterburner

nozzles for blockage and repair as needed c) Check and clean blower fans as necessary d) Inspect and repair any structural area of the incinerator e) Check baghouse system pressure drop gauge settings are correct f) Check baghouse system air compressor system for proper operation g) Check and record baghouse system pressure drop reading at least once each

day of operation

2) Annual inspection and the following maintenance and recordkeeping will be completed by Kippur staff or contractors as necessary

a) Calibrate temperature monitoring instrumentation b) Calibrate weigh-in scale c) Inspect all burners igniters and temperature sensing devices d) Inspect for proper adjustment of combustion air and dilution air e) Inspect fresh air vents dampers fans and blowers for proper operation f) Inspect for proper sealing g) Inspect motors for proper operation h) Inspect combustion chamber refractory lining i) Inspect combustion chamber shells for corrosion andor hot spots j) Inspect baghouse system for leaks and check fabric filter media for integrity k) Inspect baghouse blower and motor for proper operation I) Check pressure drop gauge settings are correct m) Inspect air compressor systems for proper operation

The Kippur Corporation El Paso Contraband Incinerator Unit Operating Procedures Page 6

Contraband Incinerator Unit Monitoring

The following operating parameters are to be monitored and recorded for air permit and air regulation compliance determinations

1) afterburner chamber operating temperatures 2) baghouse pressure drop 3) visible emissions monitoring and opacity recordkeeping and 4) CEMS data for emission limitations compliance determinations

The secondary chamber (afterburner chamber) temperature will be monitored by temperature probes located in the afterburner chamber for the display monitor and for the data logger Temperature monitoring will record the temperature in IS-minute block averages (with a minimum of one cycle of operation per 15 minutes) and 3-hour block averages The data logger will be uploaded and saved to the PC every 30 calendar days while in operation

Baghouse pressure drop will be observed and recorded by the incinerator operating personnel at least once during each burn Incineration unit operator will record time and date of all baghouse system low pressure drop alarms and each inspection and maintenance steps taken in response to such alarms

The incinerator unit operator will make visible emissions observations and will make Reference Method 9 opacity observations and records whenever exhaust stack emissions are visible

All monitoring probes and associated instrumentation scales gauges and CEMS will be calibrated as required under state regulations federal regulations and air pennit 9 1547 special condition requirements

The Kippur Corporation El Paso Contraband Incinerator Unit Operating Procedures Page 7

Record Contraband Incinerator Unit Malfunctions and Corrective Actions Records and Reporting

For all malfunctions

I) Record the calendar date and time the malfunction began and ended in the El Paso Contraband Incinerator Malfunction and Maintenance Log

2) In the Log record the cause of the malfunction and describe the deviation from air regulation or air permit provision requirements

3) Also record the corrective actions taken including the calendar date and time the corrective action began and when it was completed

4) Determine whether the malfunction caused excess air contaminant emissions that require recording and reporting under the TCEQ Reportable Events requirement if so complete the TCEQ Reportable Event Form and provide timely notification to the TCEQ Region 6 office If notification to TCEQ is not required then prepare a Malfunction Log entry that documents why the emissions event is not reportable

5) Confirm in the Malfunction and Maintenance Log whether an operating limit or emissions limitation has been exceeded

6) The incinerator owner or operator should sign off on the incident reported in the Malfunction Log

7) Prepare and submit semi-annual deviation reports by August 1 of that year for data collected during the first balf of the calendar year (January 1 to June 30) and by February I of the following year for data collected during the second half of the calendar year (July 1 to December 31) (refer to TCEQ Chapter 113 section 1132339)

Also a deviation report is required if

a) any recorded 3-hour average parameter level is above the maximum operating limit or below the minimum operation limit established by TCEQ rule or air permit conditions

b) any recorded 12-hour average CO emission rate is above the emissions limitation c) the control device was bypassed or d) a performance test was conducted that showed a deviation from any emission

limitation

Possible Malfunction and Corrective Action Procedures

1 Control panel does not-display the secondary chamber temperature

a) Check the fuse and power to the panel and check all connections from the probe to the data logger

b) Test for ambient temperature readout at the control without thermocouple connection

The Kippur Corporation El Paso Contraband Incinerator Unit Operating Procedures Page 8

c) d)

Confirm whether there is a thennocouple failure or instrument failure Confirm that the thennocouple and data logger are operational before operating the contraband incinerator unit

2 Visible emissions are present out the stack a) Adjust incinerator unit feed rate and confinn afterburner chamber operating

temperature b) Adjust combustion chamber air intake draft c) Check for baghouse system malfunction (low pressure drop indicates

interruption of baghouse fabric integrity) and make control system inspection and necessary repairs

d) Note and record afterburner chamber temperature the date time and duration of excessive emissions andlor opacity in Malfunction and Maintenance Log

EI Paso Contraband Incinerator Unit Malfnnction and Maintenance Log

DatelTimeTime Time DatelTime

CorrectiveRepairs Corrective Unit Operator Date Malfunction Cause ofMalfunction CorrectiveMalfunction ActionAction Signature

Action Started Started Ended Completed

Use supplemental pages as necessary to indicate whether an operating limit or emission limitation was exceeded and whether there was an

emissions event that is reportable to TCEQ (refer to TCEQ Reportable Event Guidance Instructions and Reportable Event Form)

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION6

1445 ROSS AVENUE SUITE 1200 DALLAS TX 75202-2733

July 28 20 II

Sean OBrien Texas Commission on Environmental Quality Mail Code 163 PO Box 13087 Austin TX 78711-3087

RE Applicability Determination New Source Performance Standards (NSPS) for Other Solid Waste Incinerators (OS WI) Subparts EEEE and FFFI Kippur Corporation

Dear Mr OBrien

The purpose of this letter is to follow up on a telephone conversation between you and Kathleen Aisling of my staff on May 31 2011 regarding the Kippur Corp (Kippur) contraband incinerator located in El Paso Texas and the applicability ofNSPS Subparts EEEE and 1111 As further explained in this lettcr Kippurs operations of the incinerator do not meet the exemptions in NSPS Subpart EEEE and IFFI thus Kippur is subject to the regulations

Kippur operates a dual chamber commercial incinerator which incinerates contraband for US Customs and Border Protection (CBP) On October 7 2010 Kippur sent a petition to the Environmentallrotection Agency (EPA) under NSPS Subpart FFII(40 Code oflederal Regulations (CFR) sect 603024) requesting to limit emissions in a manner other than through the use of a wet scrubber or air pollution control device(APCD) EPAs April 142011 response letter said in part If a modification occurred then according to 40 CFR sect 602992 the OSWI Unit becomes subject to the NSPS Subpart EEEE and NSlS Subpart FFFF no longer applies In the letter EPA denied the petition as submil1ed but requested that engineering information and process control clarifications on operations of the OSWI unit be provided by Kippur so that we could make an applicability determination for Subparts EEEE and 1111 and re-evaluate the petition

On May 112011 Kippur wrote to the Texas Commission on Environmental Quality (TCEQ) without supplying-additional information stating that the incinerator was considered an other solid waste incineration (OS WI) unit that was regulated under TCEQ Chapter 113 Subpart D (NSPS Subpart 1111) Kippur also wrote Units identified in NSPS 1111 at sect 602993 that are excluded from the state plan include (u)nits that combust contraband if the unit is owned or operated by a government agency such as police customs agricultural inspection or a similar agency to destroy only illegal or prohibited goods such as illegal drugs [Section

602993(p)]

Kippurs May II 2011 letter further stated that Kippur had reviewed the definition of owner or operator at 40 CFR sect 602 Definitions which states Owner or operator means

Internet Address (UALJ bull httpwwwepagOVreglon6 RecycledRecyclable bull Prinle~ wi1h Vegetable Oil 8ased Inks on 100 Recycled Paper Process Chlorine Free

The Kippur Corporation EI Paso Contraband Incinerator Unit Operating Procedures Page 5

Contraband Incinerator Unit Maintenance Schedule

The contraband incinerator is to be maintained by Kippur staff and records kept of the following

1) Weekly inspections (coinciding wscheduled burns) maintenance and records kept of the following

a) Inspect all combustion chambers for refractory damage and repair as needed b) Check natural gas fuel lines and connections for leaks and check afterburner

nozzles for blockage and repair as needed c) Check and clean blower fans as necessary d) Inspect and repair any structural area of the incinerator e) Check baghouse system pressure drop gauge settings are correct f) Check baghouse system air compressor system for proper operation g) Check and record baghouse system pressure drop reading at least once each

day of operation

2) Annual inspection and the following maintenance and recordkeeping will be completed by Kippur staff or contractors as necessary

a) Calibrate temperature monitoring instrumentation b) Calibrate weigh-in scale c) Inspect all burners igniters and temperature sensing devices d) Inspect for proper adjustment of combustion air and dilution air e) Inspect fresh air vents dampers fans and blowers for proper operation f) Inspect for proper sealing g) Inspect motors for proper operation h) Inspect combustion chamber refractory lining i) Inspect combustion chamber shells for corrosion andor hot spots j) Inspect baghouse system for leaks and check fabric filter media for integrity k) Inspect baghouse blower and motor for proper operation I) Check pressure drop gauge settings are correct m) Inspect air compressor systems for proper operation

The Kippur Corporation El Paso Contraband Incinerator Unit Operating Procedures Page 6

Contraband Incinerator Unit Monitoring

The following operating parameters are to be monitored and recorded for air permit and air regulation compliance determinations

1) afterburner chamber operating temperatures 2) baghouse pressure drop 3) visible emissions monitoring and opacity recordkeeping and 4) CEMS data for emission limitations compliance determinations

The secondary chamber (afterburner chamber) temperature will be monitored by temperature probes located in the afterburner chamber for the display monitor and for the data logger Temperature monitoring will record the temperature in IS-minute block averages (with a minimum of one cycle of operation per 15 minutes) and 3-hour block averages The data logger will be uploaded and saved to the PC every 30 calendar days while in operation

Baghouse pressure drop will be observed and recorded by the incinerator operating personnel at least once during each burn Incineration unit operator will record time and date of all baghouse system low pressure drop alarms and each inspection and maintenance steps taken in response to such alarms

The incinerator unit operator will make visible emissions observations and will make Reference Method 9 opacity observations and records whenever exhaust stack emissions are visible

All monitoring probes and associated instrumentation scales gauges and CEMS will be calibrated as required under state regulations federal regulations and air pennit 9 1547 special condition requirements

The Kippur Corporation El Paso Contraband Incinerator Unit Operating Procedures Page 7

Record Contraband Incinerator Unit Malfunctions and Corrective Actions Records and Reporting

For all malfunctions

I) Record the calendar date and time the malfunction began and ended in the El Paso Contraband Incinerator Malfunction and Maintenance Log

2) In the Log record the cause of the malfunction and describe the deviation from air regulation or air permit provision requirements

3) Also record the corrective actions taken including the calendar date and time the corrective action began and when it was completed

4) Determine whether the malfunction caused excess air contaminant emissions that require recording and reporting under the TCEQ Reportable Events requirement if so complete the TCEQ Reportable Event Form and provide timely notification to the TCEQ Region 6 office If notification to TCEQ is not required then prepare a Malfunction Log entry that documents why the emissions event is not reportable

5) Confirm in the Malfunction and Maintenance Log whether an operating limit or emissions limitation has been exceeded

6) The incinerator owner or operator should sign off on the incident reported in the Malfunction Log

7) Prepare and submit semi-annual deviation reports by August 1 of that year for data collected during the first balf of the calendar year (January 1 to June 30) and by February I of the following year for data collected during the second half of the calendar year (July 1 to December 31) (refer to TCEQ Chapter 113 section 1132339)

Also a deviation report is required if

a) any recorded 3-hour average parameter level is above the maximum operating limit or below the minimum operation limit established by TCEQ rule or air permit conditions

b) any recorded 12-hour average CO emission rate is above the emissions limitation c) the control device was bypassed or d) a performance test was conducted that showed a deviation from any emission

limitation

Possible Malfunction and Corrective Action Procedures

1 Control panel does not-display the secondary chamber temperature

a) Check the fuse and power to the panel and check all connections from the probe to the data logger

b) Test for ambient temperature readout at the control without thermocouple connection

The Kippur Corporation El Paso Contraband Incinerator Unit Operating Procedures Page 8

c) d)

Confirm whether there is a thennocouple failure or instrument failure Confirm that the thennocouple and data logger are operational before operating the contraband incinerator unit

2 Visible emissions are present out the stack a) Adjust incinerator unit feed rate and confinn afterburner chamber operating

temperature b) Adjust combustion chamber air intake draft c) Check for baghouse system malfunction (low pressure drop indicates

interruption of baghouse fabric integrity) and make control system inspection and necessary repairs

d) Note and record afterburner chamber temperature the date time and duration of excessive emissions andlor opacity in Malfunction and Maintenance Log

EI Paso Contraband Incinerator Unit Malfnnction and Maintenance Log

DatelTimeTime Time DatelTime

CorrectiveRepairs Corrective Unit Operator Date Malfunction Cause ofMalfunction CorrectiveMalfunction ActionAction Signature

Action Started Started Ended Completed

Use supplemental pages as necessary to indicate whether an operating limit or emission limitation was exceeded and whether there was an

emissions event that is reportable to TCEQ (refer to TCEQ Reportable Event Guidance Instructions and Reportable Event Form)

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION6

1445 ROSS AVENUE SUITE 1200 DALLAS TX 75202-2733

July 28 20 II

Sean OBrien Texas Commission on Environmental Quality Mail Code 163 PO Box 13087 Austin TX 78711-3087

RE Applicability Determination New Source Performance Standards (NSPS) for Other Solid Waste Incinerators (OS WI) Subparts EEEE and FFFI Kippur Corporation

Dear Mr OBrien

The purpose of this letter is to follow up on a telephone conversation between you and Kathleen Aisling of my staff on May 31 2011 regarding the Kippur Corp (Kippur) contraband incinerator located in El Paso Texas and the applicability ofNSPS Subparts EEEE and 1111 As further explained in this lettcr Kippurs operations of the incinerator do not meet the exemptions in NSPS Subpart EEEE and IFFI thus Kippur is subject to the regulations

Kippur operates a dual chamber commercial incinerator which incinerates contraband for US Customs and Border Protection (CBP) On October 7 2010 Kippur sent a petition to the Environmentallrotection Agency (EPA) under NSPS Subpart FFII(40 Code oflederal Regulations (CFR) sect 603024) requesting to limit emissions in a manner other than through the use of a wet scrubber or air pollution control device(APCD) EPAs April 142011 response letter said in part If a modification occurred then according to 40 CFR sect 602992 the OSWI Unit becomes subject to the NSPS Subpart EEEE and NSlS Subpart FFFF no longer applies In the letter EPA denied the petition as submil1ed but requested that engineering information and process control clarifications on operations of the OSWI unit be provided by Kippur so that we could make an applicability determination for Subparts EEEE and 1111 and re-evaluate the petition

On May 112011 Kippur wrote to the Texas Commission on Environmental Quality (TCEQ) without supplying-additional information stating that the incinerator was considered an other solid waste incineration (OS WI) unit that was regulated under TCEQ Chapter 113 Subpart D (NSPS Subpart 1111) Kippur also wrote Units identified in NSPS 1111 at sect 602993 that are excluded from the state plan include (u)nits that combust contraband if the unit is owned or operated by a government agency such as police customs agricultural inspection or a similar agency to destroy only illegal or prohibited goods such as illegal drugs [Section

602993(p)]

Kippurs May II 2011 letter further stated that Kippur had reviewed the definition of owner or operator at 40 CFR sect 602 Definitions which states Owner or operator means

Internet Address (UALJ bull httpwwwepagOVreglon6 RecycledRecyclable bull Prinle~ wi1h Vegetable Oil 8ased Inks on 100 Recycled Paper Process Chlorine Free

The Kippur Corporation El Paso Contraband Incinerator Unit Operating Procedures Page 6

Contraband Incinerator Unit Monitoring

The following operating parameters are to be monitored and recorded for air permit and air regulation compliance determinations

1) afterburner chamber operating temperatures 2) baghouse pressure drop 3) visible emissions monitoring and opacity recordkeeping and 4) CEMS data for emission limitations compliance determinations

The secondary chamber (afterburner chamber) temperature will be monitored by temperature probes located in the afterburner chamber for the display monitor and for the data logger Temperature monitoring will record the temperature in IS-minute block averages (with a minimum of one cycle of operation per 15 minutes) and 3-hour block averages The data logger will be uploaded and saved to the PC every 30 calendar days while in operation

Baghouse pressure drop will be observed and recorded by the incinerator operating personnel at least once during each burn Incineration unit operator will record time and date of all baghouse system low pressure drop alarms and each inspection and maintenance steps taken in response to such alarms

The incinerator unit operator will make visible emissions observations and will make Reference Method 9 opacity observations and records whenever exhaust stack emissions are visible

All monitoring probes and associated instrumentation scales gauges and CEMS will be calibrated as required under state regulations federal regulations and air pennit 9 1547 special condition requirements

The Kippur Corporation El Paso Contraband Incinerator Unit Operating Procedures Page 7

Record Contraband Incinerator Unit Malfunctions and Corrective Actions Records and Reporting

For all malfunctions

I) Record the calendar date and time the malfunction began and ended in the El Paso Contraband Incinerator Malfunction and Maintenance Log

2) In the Log record the cause of the malfunction and describe the deviation from air regulation or air permit provision requirements

3) Also record the corrective actions taken including the calendar date and time the corrective action began and when it was completed

4) Determine whether the malfunction caused excess air contaminant emissions that require recording and reporting under the TCEQ Reportable Events requirement if so complete the TCEQ Reportable Event Form and provide timely notification to the TCEQ Region 6 office If notification to TCEQ is not required then prepare a Malfunction Log entry that documents why the emissions event is not reportable

5) Confirm in the Malfunction and Maintenance Log whether an operating limit or emissions limitation has been exceeded

6) The incinerator owner or operator should sign off on the incident reported in the Malfunction Log

7) Prepare and submit semi-annual deviation reports by August 1 of that year for data collected during the first balf of the calendar year (January 1 to June 30) and by February I of the following year for data collected during the second half of the calendar year (July 1 to December 31) (refer to TCEQ Chapter 113 section 1132339)

Also a deviation report is required if

a) any recorded 3-hour average parameter level is above the maximum operating limit or below the minimum operation limit established by TCEQ rule or air permit conditions

b) any recorded 12-hour average CO emission rate is above the emissions limitation c) the control device was bypassed or d) a performance test was conducted that showed a deviation from any emission

limitation

Possible Malfunction and Corrective Action Procedures

1 Control panel does not-display the secondary chamber temperature

a) Check the fuse and power to the panel and check all connections from the probe to the data logger

b) Test for ambient temperature readout at the control without thermocouple connection

The Kippur Corporation El Paso Contraband Incinerator Unit Operating Procedures Page 8

c) d)

Confirm whether there is a thennocouple failure or instrument failure Confirm that the thennocouple and data logger are operational before operating the contraband incinerator unit

2 Visible emissions are present out the stack a) Adjust incinerator unit feed rate and confinn afterburner chamber operating

temperature b) Adjust combustion chamber air intake draft c) Check for baghouse system malfunction (low pressure drop indicates

interruption of baghouse fabric integrity) and make control system inspection and necessary repairs

d) Note and record afterburner chamber temperature the date time and duration of excessive emissions andlor opacity in Malfunction and Maintenance Log

EI Paso Contraband Incinerator Unit Malfnnction and Maintenance Log

DatelTimeTime Time DatelTime

CorrectiveRepairs Corrective Unit Operator Date Malfunction Cause ofMalfunction CorrectiveMalfunction ActionAction Signature

Action Started Started Ended Completed

Use supplemental pages as necessary to indicate whether an operating limit or emission limitation was exceeded and whether there was an

emissions event that is reportable to TCEQ (refer to TCEQ Reportable Event Guidance Instructions and Reportable Event Form)

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION6

1445 ROSS AVENUE SUITE 1200 DALLAS TX 75202-2733

July 28 20 II

Sean OBrien Texas Commission on Environmental Quality Mail Code 163 PO Box 13087 Austin TX 78711-3087

RE Applicability Determination New Source Performance Standards (NSPS) for Other Solid Waste Incinerators (OS WI) Subparts EEEE and FFFI Kippur Corporation

Dear Mr OBrien

The purpose of this letter is to follow up on a telephone conversation between you and Kathleen Aisling of my staff on May 31 2011 regarding the Kippur Corp (Kippur) contraband incinerator located in El Paso Texas and the applicability ofNSPS Subparts EEEE and 1111 As further explained in this lettcr Kippurs operations of the incinerator do not meet the exemptions in NSPS Subpart EEEE and IFFI thus Kippur is subject to the regulations

Kippur operates a dual chamber commercial incinerator which incinerates contraband for US Customs and Border Protection (CBP) On October 7 2010 Kippur sent a petition to the Environmentallrotection Agency (EPA) under NSPS Subpart FFII(40 Code oflederal Regulations (CFR) sect 603024) requesting to limit emissions in a manner other than through the use of a wet scrubber or air pollution control device(APCD) EPAs April 142011 response letter said in part If a modification occurred then according to 40 CFR sect 602992 the OSWI Unit becomes subject to the NSPS Subpart EEEE and NSlS Subpart FFFF no longer applies In the letter EPA denied the petition as submil1ed but requested that engineering information and process control clarifications on operations of the OSWI unit be provided by Kippur so that we could make an applicability determination for Subparts EEEE and 1111 and re-evaluate the petition

On May 112011 Kippur wrote to the Texas Commission on Environmental Quality (TCEQ) without supplying-additional information stating that the incinerator was considered an other solid waste incineration (OS WI) unit that was regulated under TCEQ Chapter 113 Subpart D (NSPS Subpart 1111) Kippur also wrote Units identified in NSPS 1111 at sect 602993 that are excluded from the state plan include (u)nits that combust contraband if the unit is owned or operated by a government agency such as police customs agricultural inspection or a similar agency to destroy only illegal or prohibited goods such as illegal drugs [Section

602993(p)]

Kippurs May II 2011 letter further stated that Kippur had reviewed the definition of owner or operator at 40 CFR sect 602 Definitions which states Owner or operator means

Internet Address (UALJ bull httpwwwepagOVreglon6 RecycledRecyclable bull Prinle~ wi1h Vegetable Oil 8ased Inks on 100 Recycled Paper Process Chlorine Free

The Kippur Corporation El Paso Contraband Incinerator Unit Operating Procedures Page 7

Record Contraband Incinerator Unit Malfunctions and Corrective Actions Records and Reporting

For all malfunctions

I) Record the calendar date and time the malfunction began and ended in the El Paso Contraband Incinerator Malfunction and Maintenance Log

2) In the Log record the cause of the malfunction and describe the deviation from air regulation or air permit provision requirements

3) Also record the corrective actions taken including the calendar date and time the corrective action began and when it was completed

4) Determine whether the malfunction caused excess air contaminant emissions that require recording and reporting under the TCEQ Reportable Events requirement if so complete the TCEQ Reportable Event Form and provide timely notification to the TCEQ Region 6 office If notification to TCEQ is not required then prepare a Malfunction Log entry that documents why the emissions event is not reportable

5) Confirm in the Malfunction and Maintenance Log whether an operating limit or emissions limitation has been exceeded

6) The incinerator owner or operator should sign off on the incident reported in the Malfunction Log

7) Prepare and submit semi-annual deviation reports by August 1 of that year for data collected during the first balf of the calendar year (January 1 to June 30) and by February I of the following year for data collected during the second half of the calendar year (July 1 to December 31) (refer to TCEQ Chapter 113 section 1132339)

Also a deviation report is required if

a) any recorded 3-hour average parameter level is above the maximum operating limit or below the minimum operation limit established by TCEQ rule or air permit conditions

b) any recorded 12-hour average CO emission rate is above the emissions limitation c) the control device was bypassed or d) a performance test was conducted that showed a deviation from any emission

limitation

Possible Malfunction and Corrective Action Procedures

1 Control panel does not-display the secondary chamber temperature

a) Check the fuse and power to the panel and check all connections from the probe to the data logger

b) Test for ambient temperature readout at the control without thermocouple connection

The Kippur Corporation El Paso Contraband Incinerator Unit Operating Procedures Page 8

c) d)

Confirm whether there is a thennocouple failure or instrument failure Confirm that the thennocouple and data logger are operational before operating the contraband incinerator unit

2 Visible emissions are present out the stack a) Adjust incinerator unit feed rate and confinn afterburner chamber operating

temperature b) Adjust combustion chamber air intake draft c) Check for baghouse system malfunction (low pressure drop indicates

interruption of baghouse fabric integrity) and make control system inspection and necessary repairs

d) Note and record afterburner chamber temperature the date time and duration of excessive emissions andlor opacity in Malfunction and Maintenance Log

EI Paso Contraband Incinerator Unit Malfnnction and Maintenance Log

DatelTimeTime Time DatelTime

CorrectiveRepairs Corrective Unit Operator Date Malfunction Cause ofMalfunction CorrectiveMalfunction ActionAction Signature

Action Started Started Ended Completed

Use supplemental pages as necessary to indicate whether an operating limit or emission limitation was exceeded and whether there was an

emissions event that is reportable to TCEQ (refer to TCEQ Reportable Event Guidance Instructions and Reportable Event Form)

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION6

1445 ROSS AVENUE SUITE 1200 DALLAS TX 75202-2733

July 28 20 II

Sean OBrien Texas Commission on Environmental Quality Mail Code 163 PO Box 13087 Austin TX 78711-3087

RE Applicability Determination New Source Performance Standards (NSPS) for Other Solid Waste Incinerators (OS WI) Subparts EEEE and FFFI Kippur Corporation

Dear Mr OBrien

The purpose of this letter is to follow up on a telephone conversation between you and Kathleen Aisling of my staff on May 31 2011 regarding the Kippur Corp (Kippur) contraband incinerator located in El Paso Texas and the applicability ofNSPS Subparts EEEE and 1111 As further explained in this lettcr Kippurs operations of the incinerator do not meet the exemptions in NSPS Subpart EEEE and IFFI thus Kippur is subject to the regulations

Kippur operates a dual chamber commercial incinerator which incinerates contraband for US Customs and Border Protection (CBP) On October 7 2010 Kippur sent a petition to the Environmentallrotection Agency (EPA) under NSPS Subpart FFII(40 Code oflederal Regulations (CFR) sect 603024) requesting to limit emissions in a manner other than through the use of a wet scrubber or air pollution control device(APCD) EPAs April 142011 response letter said in part If a modification occurred then according to 40 CFR sect 602992 the OSWI Unit becomes subject to the NSPS Subpart EEEE and NSlS Subpart FFFF no longer applies In the letter EPA denied the petition as submil1ed but requested that engineering information and process control clarifications on operations of the OSWI unit be provided by Kippur so that we could make an applicability determination for Subparts EEEE and 1111 and re-evaluate the petition

On May 112011 Kippur wrote to the Texas Commission on Environmental Quality (TCEQ) without supplying-additional information stating that the incinerator was considered an other solid waste incineration (OS WI) unit that was regulated under TCEQ Chapter 113 Subpart D (NSPS Subpart 1111) Kippur also wrote Units identified in NSPS 1111 at sect 602993 that are excluded from the state plan include (u)nits that combust contraband if the unit is owned or operated by a government agency such as police customs agricultural inspection or a similar agency to destroy only illegal or prohibited goods such as illegal drugs [Section

602993(p)]

Kippurs May II 2011 letter further stated that Kippur had reviewed the definition of owner or operator at 40 CFR sect 602 Definitions which states Owner or operator means

Internet Address (UALJ bull httpwwwepagOVreglon6 RecycledRecyclable bull Prinle~ wi1h Vegetable Oil 8ased Inks on 100 Recycled Paper Process Chlorine Free

The Kippur Corporation El Paso Contraband Incinerator Unit Operating Procedures Page 8

c) d)

Confirm whether there is a thennocouple failure or instrument failure Confirm that the thennocouple and data logger are operational before operating the contraband incinerator unit

2 Visible emissions are present out the stack a) Adjust incinerator unit feed rate and confinn afterburner chamber operating

temperature b) Adjust combustion chamber air intake draft c) Check for baghouse system malfunction (low pressure drop indicates

interruption of baghouse fabric integrity) and make control system inspection and necessary repairs

d) Note and record afterburner chamber temperature the date time and duration of excessive emissions andlor opacity in Malfunction and Maintenance Log

EI Paso Contraband Incinerator Unit Malfnnction and Maintenance Log

DatelTimeTime Time DatelTime

CorrectiveRepairs Corrective Unit Operator Date Malfunction Cause ofMalfunction CorrectiveMalfunction ActionAction Signature

Action Started Started Ended Completed

Use supplemental pages as necessary to indicate whether an operating limit or emission limitation was exceeded and whether there was an

emissions event that is reportable to TCEQ (refer to TCEQ Reportable Event Guidance Instructions and Reportable Event Form)

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION6

1445 ROSS AVENUE SUITE 1200 DALLAS TX 75202-2733

July 28 20 II

Sean OBrien Texas Commission on Environmental Quality Mail Code 163 PO Box 13087 Austin TX 78711-3087

RE Applicability Determination New Source Performance Standards (NSPS) for Other Solid Waste Incinerators (OS WI) Subparts EEEE and FFFI Kippur Corporation

Dear Mr OBrien

The purpose of this letter is to follow up on a telephone conversation between you and Kathleen Aisling of my staff on May 31 2011 regarding the Kippur Corp (Kippur) contraband incinerator located in El Paso Texas and the applicability ofNSPS Subparts EEEE and 1111 As further explained in this lettcr Kippurs operations of the incinerator do not meet the exemptions in NSPS Subpart EEEE and IFFI thus Kippur is subject to the regulations

Kippur operates a dual chamber commercial incinerator which incinerates contraband for US Customs and Border Protection (CBP) On October 7 2010 Kippur sent a petition to the Environmentallrotection Agency (EPA) under NSPS Subpart FFII(40 Code oflederal Regulations (CFR) sect 603024) requesting to limit emissions in a manner other than through the use of a wet scrubber or air pollution control device(APCD) EPAs April 142011 response letter said in part If a modification occurred then according to 40 CFR sect 602992 the OSWI Unit becomes subject to the NSPS Subpart EEEE and NSlS Subpart FFFF no longer applies In the letter EPA denied the petition as submil1ed but requested that engineering information and process control clarifications on operations of the OSWI unit be provided by Kippur so that we could make an applicability determination for Subparts EEEE and 1111 and re-evaluate the petition

On May 112011 Kippur wrote to the Texas Commission on Environmental Quality (TCEQ) without supplying-additional information stating that the incinerator was considered an other solid waste incineration (OS WI) unit that was regulated under TCEQ Chapter 113 Subpart D (NSPS Subpart 1111) Kippur also wrote Units identified in NSPS 1111 at sect 602993 that are excluded from the state plan include (u)nits that combust contraband if the unit is owned or operated by a government agency such as police customs agricultural inspection or a similar agency to destroy only illegal or prohibited goods such as illegal drugs [Section

602993(p)]

Kippurs May II 2011 letter further stated that Kippur had reviewed the definition of owner or operator at 40 CFR sect 602 Definitions which states Owner or operator means

Internet Address (UALJ bull httpwwwepagOVreglon6 RecycledRecyclable bull Prinle~ wi1h Vegetable Oil 8ased Inks on 100 Recycled Paper Process Chlorine Free

EI Paso Contraband Incinerator Unit Malfnnction and Maintenance Log

DatelTimeTime Time DatelTime

CorrectiveRepairs Corrective Unit Operator Date Malfunction Cause ofMalfunction CorrectiveMalfunction ActionAction Signature

Action Started Started Ended Completed

Use supplemental pages as necessary to indicate whether an operating limit or emission limitation was exceeded and whether there was an

emissions event that is reportable to TCEQ (refer to TCEQ Reportable Event Guidance Instructions and Reportable Event Form)

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION6

1445 ROSS AVENUE SUITE 1200 DALLAS TX 75202-2733

July 28 20 II

Sean OBrien Texas Commission on Environmental Quality Mail Code 163 PO Box 13087 Austin TX 78711-3087

RE Applicability Determination New Source Performance Standards (NSPS) for Other Solid Waste Incinerators (OS WI) Subparts EEEE and FFFI Kippur Corporation

Dear Mr OBrien

The purpose of this letter is to follow up on a telephone conversation between you and Kathleen Aisling of my staff on May 31 2011 regarding the Kippur Corp (Kippur) contraband incinerator located in El Paso Texas and the applicability ofNSPS Subparts EEEE and 1111 As further explained in this lettcr Kippurs operations of the incinerator do not meet the exemptions in NSPS Subpart EEEE and IFFI thus Kippur is subject to the regulations

Kippur operates a dual chamber commercial incinerator which incinerates contraband for US Customs and Border Protection (CBP) On October 7 2010 Kippur sent a petition to the Environmentallrotection Agency (EPA) under NSPS Subpart FFII(40 Code oflederal Regulations (CFR) sect 603024) requesting to limit emissions in a manner other than through the use of a wet scrubber or air pollution control device(APCD) EPAs April 142011 response letter said in part If a modification occurred then according to 40 CFR sect 602992 the OSWI Unit becomes subject to the NSPS Subpart EEEE and NSlS Subpart FFFF no longer applies In the letter EPA denied the petition as submil1ed but requested that engineering information and process control clarifications on operations of the OSWI unit be provided by Kippur so that we could make an applicability determination for Subparts EEEE and 1111 and re-evaluate the petition

On May 112011 Kippur wrote to the Texas Commission on Environmental Quality (TCEQ) without supplying-additional information stating that the incinerator was considered an other solid waste incineration (OS WI) unit that was regulated under TCEQ Chapter 113 Subpart D (NSPS Subpart 1111) Kippur also wrote Units identified in NSPS 1111 at sect 602993 that are excluded from the state plan include (u)nits that combust contraband if the unit is owned or operated by a government agency such as police customs agricultural inspection or a similar agency to destroy only illegal or prohibited goods such as illegal drugs [Section

602993(p)]

Kippurs May II 2011 letter further stated that Kippur had reviewed the definition of owner or operator at 40 CFR sect 602 Definitions which states Owner or operator means

Internet Address (UALJ bull httpwwwepagOVreglon6 RecycledRecyclable bull Prinle~ wi1h Vegetable Oil 8ased Inks on 100 Recycled Paper Process Chlorine Free

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION6

1445 ROSS AVENUE SUITE 1200 DALLAS TX 75202-2733

July 28 20 II

Sean OBrien Texas Commission on Environmental Quality Mail Code 163 PO Box 13087 Austin TX 78711-3087

RE Applicability Determination New Source Performance Standards (NSPS) for Other Solid Waste Incinerators (OS WI) Subparts EEEE and FFFI Kippur Corporation

Dear Mr OBrien

The purpose of this letter is to follow up on a telephone conversation between you and Kathleen Aisling of my staff on May 31 2011 regarding the Kippur Corp (Kippur) contraband incinerator located in El Paso Texas and the applicability ofNSPS Subparts EEEE and 1111 As further explained in this lettcr Kippurs operations of the incinerator do not meet the exemptions in NSPS Subpart EEEE and IFFI thus Kippur is subject to the regulations

Kippur operates a dual chamber commercial incinerator which incinerates contraband for US Customs and Border Protection (CBP) On October 7 2010 Kippur sent a petition to the Environmentallrotection Agency (EPA) under NSPS Subpart FFII(40 Code oflederal Regulations (CFR) sect 603024) requesting to limit emissions in a manner other than through the use of a wet scrubber or air pollution control device(APCD) EPAs April 142011 response letter said in part If a modification occurred then according to 40 CFR sect 602992 the OSWI Unit becomes subject to the NSPS Subpart EEEE and NSlS Subpart FFFF no longer applies In the letter EPA denied the petition as submil1ed but requested that engineering information and process control clarifications on operations of the OSWI unit be provided by Kippur so that we could make an applicability determination for Subparts EEEE and 1111 and re-evaluate the petition

On May 112011 Kippur wrote to the Texas Commission on Environmental Quality (TCEQ) without supplying-additional information stating that the incinerator was considered an other solid waste incineration (OS WI) unit that was regulated under TCEQ Chapter 113 Subpart D (NSPS Subpart 1111) Kippur also wrote Units identified in NSPS 1111 at sect 602993 that are excluded from the state plan include (u)nits that combust contraband if the unit is owned or operated by a government agency such as police customs agricultural inspection or a similar agency to destroy only illegal or prohibited goods such as illegal drugs [Section

602993(p)]

Kippurs May II 2011 letter further stated that Kippur had reviewed the definition of owner or operator at 40 CFR sect 602 Definitions which states Owner or operator means

Internet Address (UALJ bull httpwwwepagOVreglon6 RecycledRecyclable bull Prinle~ wi1h Vegetable Oil 8ased Inks on 100 Recycled Paper Process Chlorine Free

any person who owns leases operates controls or supervises an affected facility or a stationary source of which an affected facility is a part Kippur attached a letter from the Seized Property Supervisor for the US CBP in El Paso Mr Dwight Mullens and stated that the letter confirmed that a government agency maintains a supervisory and oversight role in the operation of Kippurs contraband incinerator and is thus an operator bfthe unit under the definitions in 40 CPR Part 60 Mr Mullens letter discusses US CBPs role of handling of the contraband feed while Kippur employees start and operate the incinerator Another attachment Standard Operating Procedure for Kippur-El Paso Contraband Incineration Unit discusses how Kippur employees start-up the incinerator monitor its operation and shutdown the incinerator

EPA proposed the OSWI rule on December 9 2004 In the preamble to that proposal we discussed the exclusion for units that combust contraband or prohibited goods We further clarified the exclusion in the preamble to the final rule published on December 16 2005

Prohibited goods exclusion Limited the exclusion to incinerators owned andor operated by not merely used by govemment agencies Clarified that the exclusion applies only to goods confiscated by a government agency See 70 FR 74874-

Although Kippurs incinerator could meet the secondmiddot part of the exemption ~t 40 CFR sect 602993 (p) when combusting illegal or prohibited goods or contraband EPA does not consider US CBP to be an operator of the incinerator In addition to the clarification in the final rule cited above the rule at 40 CFR sect 603014 contains a training requirement for OSWI unit operators The training must include such items as how to monitor pollutants inspect the incinerator and APCD and correct malfunctions Taken in sum the training requirements show that EPA intended the operator of an OSWI incinerator be physically in control of the system or the direct supervisor of someone who is physically operating the incinerator According to the letter from US CBP that government agency is only in control of feeding the contraband to the incinerator during incineration presumably for custody control but not for any operative purpose US CBP is not in control of the incinerator itself

In addition the Ninth Circuit Court of Appeals has defined the term supervisor in the context of the defmition of owner or operator provided in the CAA The court held that substantial control is the governing criterion when determining if one is a supervisor The Court goes on to elaborate that significant and substantial control means having the ability to direct the manner in which work is performed and the authority to correct problems US v Pearson 274 F3d 1225 1231 (9th Cir Ct App 2001) In the case of Kippur Corporation US Customs is not in control of the actual incineration nor is it in a positiori to correct problems in the operations of the incinerator As detailed in the Standard Operating Procedure provided by

Kippur the Kippur operator is in charge of the operation of the incinerator

As noted in tile April 14 20 II letter EPA does not have enough information to determine whether or not Kippurs El Paso contTaband incinerator should be regulated under

NSPS Subpart FEFF as the company contends or NSPS Subpart EEEE Since NSPS Subpart EEEE has identical requirements to Subpart FFFF in terms of the requirements discussed in this letter EPA evaluated Kippurs petition wlder Subpart FrFE and used SUbpatt FFFF cites The

2

conclusion would be the same were the incinerator ddermined to be regulated under NSPS Subpart EEEE The conclusion of this letter is that Kippur is not exempted from these regulations and therefore must comply with 40 CFR Part 60 Subpart EEEE or FFFF including the emissions limits technology performance testing and record-keeping and reporting requirements

This determination is based on the information submitted to EPA Region 6 by Kippur and the TCEQ as outlined above It is site-specific to the other solid waste incinerator at the Kippur facility in El Paso Texas This response has been coordinated with EPAs Office of Air Quality Planning and Standards (OAQPS) and EPAs Office of Enforcement and Compliance Assistance (OECA) If you have any questions or concerns about this determination please contact Kathleen Aisling of my staff at 2 14-665-6406

Sincerely

~1~ -DaVid F Garcia

Associate Director Airrroxics amp Inspection

Coordination Branch

cc Charlene Spells (OAQPS) Marcia Mia (OECA) Jon Williams (TCEQ-EI Paso) Gary Kippur (Kippur Corporation) Irvin Bilsky (Bilsky Environmental)

3

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 6

1445 ROSS AVENUE SUITE 1200 DALLAS TX 75202-2733

September 12 20 12

CERTIFIED MAILRETURN RECEIPT 7009282000042 1090130 Ga ry Kippur Presiden t Kippur Corporat ion 10 130x 28898 Tucson Arizo na 85726

Rl Performance Test Pb n to Establi sh Operati ng Parameter Limits (O PLs) New Source Pcrlormance Standards (NS PS) Por Other Solid Waste Incincrntor Units 40 CFR Part 60 Subpart FFFF Kippur Corporation (Kippur) E I Paso Texas Contraband Inc inerator Disapprova l of Proposed Tcst Plan

Dcar 1middotIr Kippur

The US En vironmental Protec ti on Agency (EPA) has reviewed the proposed Compli ance E miss ion Test Plan com pl eted by Energy amp Environmc ntal Measurem cnt Co rporat ion (E lOMe) a nd dated October 7 20 I O Kippu rs air perm illi ng con lractor Mr Irvin Bil sky submi tted the proposed tes t plan on beha ll o f Kippurs EI Paso Texns Illcility EPA must approve the initinl perlormance test plan undcr NS PS Subpart FFFF lo r Kippur s contraband inc inerator Based on EPAs review the proposed test plan docs nol rull y add ress SI)ccial co nditi ons o r the Kippur 11 Paso a ir permit and does not conform to or address nccessary cle l11 ents or EPA test method protocols

EPA sent cmail messages on Ju ly 2 and August 2 20 12 to Mr J3ilsky wit h an attached lis t ofrcqucstcd r~lisions to the proposcd tes plan that are needed lo r lina l approval EPA electroni ca ll y copied yo u Mr Steve Kippur and [EMC on each emai l mcssagc EPA also tried unsuecessrull y to con tact Kippur and Mr Bilsky by phone Since EPA has recc ived no response or acknowledgement of these messages from Kippur or Mr Bi lsky we hereby di sapprove the proposed test plan as submitted

Kippur may rc-s ubmit a revised test plan to EPA 10 1 approva l that addresses the changes we requested Please subm it the revised proposed lest plan to Ms Diana Lundc lius or 111) starr at the above address Mail Code 6EN-AA II you have any questi ons aboll tthi s disapproval pleasc contac t Ms I undelius at 2 14-665-7468

Sincerely

J- 1-j1 ILL-A V v------David F Garcia J Assoc iate Di rector Airr roxics amp Inspection

Coordination Brancll

f1t~rul IIf- IIIRll hl lp wvwCPl9l-_og(AnU RecyclcdJRecytl lbla bull Pnnl0d Itt Vltgtqelll p d nks on DO Recyckd r~me Itv- CI t11I) Et

conclusion would be the same were the incinerator ddermined to be regulated under NSPS Subpart EEEE The conclusion of this letter is that Kippur is not exempted from these regulations and therefore must comply with 40 CFR Part 60 Subpart EEEE or FFFF including the emissions limits technology performance testing and record-keeping and reporting requirements

This determination is based on the information submitted to EPA Region 6 by Kippur and the TCEQ as outlined above It is site-specific to the other solid waste incinerator at the Kippur facility in El Paso Texas This response has been coordinated with EPAs Office of Air Quality Planning and Standards (OAQPS) and EPAs Office of Enforcement and Compliance Assistance (OECA) If you have any questions or concerns about this determination please contact Kathleen Aisling of my staff at 2 14-665-6406

Sincerely

~1~ -DaVid F Garcia

Associate Director Airrroxics amp Inspection

Coordination Branch

cc Charlene Spells (OAQPS) Marcia Mia (OECA) Jon Williams (TCEQ-EI Paso) Gary Kippur (Kippur Corporation) Irvin Bilsky (Bilsky Environmental)

3

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 6

1445 ROSS AVENUE SUITE 1200 DALLAS TX 75202-2733

September 12 20 12

CERTIFIED MAILRETURN RECEIPT 7009282000042 1090130 Ga ry Kippur Presiden t Kippur Corporat ion 10 130x 28898 Tucson Arizo na 85726

Rl Performance Test Pb n to Establi sh Operati ng Parameter Limits (O PLs) New Source Pcrlormance Standards (NS PS) Por Other Solid Waste Incincrntor Units 40 CFR Part 60 Subpart FFFF Kippur Corporation (Kippur) E I Paso Texas Contraband Inc inerator Disapprova l of Proposed Tcst Plan

Dcar 1middotIr Kippur

The US En vironmental Protec ti on Agency (EPA) has reviewed the proposed Compli ance E miss ion Test Plan com pl eted by Energy amp Environmc ntal Measurem cnt Co rporat ion (E lOMe) a nd dated October 7 20 I O Kippu rs air perm illi ng con lractor Mr Irvin Bil sky submi tted the proposed tes t plan on beha ll o f Kippurs EI Paso Texns Illcility EPA must approve the initinl perlormance test plan undcr NS PS Subpart FFFF lo r Kippur s contraband inc inerator Based on EPAs review the proposed test plan docs nol rull y add ress SI)ccial co nditi ons o r the Kippur 11 Paso a ir permit and does not conform to or address nccessary cle l11 ents or EPA test method protocols

EPA sent cmail messages on Ju ly 2 and August 2 20 12 to Mr J3ilsky wit h an attached lis t ofrcqucstcd r~lisions to the proposcd tes plan that are needed lo r lina l approval EPA electroni ca ll y copied yo u Mr Steve Kippur and [EMC on each emai l mcssagc EPA also tried unsuecessrull y to con tact Kippur and Mr Bilsky by phone Since EPA has recc ived no response or acknowledgement of these messages from Kippur or Mr Bi lsky we hereby di sapprove the proposed test plan as submitted

Kippur may rc-s ubmit a revised test plan to EPA 10 1 approva l that addresses the changes we requested Please subm it the revised proposed lest plan to Ms Diana Lundc lius or 111) starr at the above address Mail Code 6EN-AA II you have any questi ons aboll tthi s disapproval pleasc contac t Ms I undelius at 2 14-665-7468

Sincerely

J- 1-j1 ILL-A V v------David F Garcia J Assoc iate Di rector Airr roxics amp Inspection

Coordination Brancll

f1t~rul IIf- IIIRll hl lp wvwCPl9l-_og(AnU RecyclcdJRecytl lbla bull Pnnl0d Itt Vltgtqelll p d nks on DO Recyckd r~me Itv- CI t11I) Et

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 6

1445 ROSS AVENUE SUITE 1200 DALLAS TX 75202-2733

September 12 20 12

CERTIFIED MAILRETURN RECEIPT 7009282000042 1090130 Ga ry Kippur Presiden t Kippur Corporat ion 10 130x 28898 Tucson Arizo na 85726

Rl Performance Test Pb n to Establi sh Operati ng Parameter Limits (O PLs) New Source Pcrlormance Standards (NS PS) Por Other Solid Waste Incincrntor Units 40 CFR Part 60 Subpart FFFF Kippur Corporation (Kippur) E I Paso Texas Contraband Inc inerator Disapprova l of Proposed Tcst Plan

Dcar 1middotIr Kippur

The US En vironmental Protec ti on Agency (EPA) has reviewed the proposed Compli ance E miss ion Test Plan com pl eted by Energy amp Environmc ntal Measurem cnt Co rporat ion (E lOMe) a nd dated October 7 20 I O Kippu rs air perm illi ng con lractor Mr Irvin Bil sky submi tted the proposed tes t plan on beha ll o f Kippurs EI Paso Texns Illcility EPA must approve the initinl perlormance test plan undcr NS PS Subpart FFFF lo r Kippur s contraband inc inerator Based on EPAs review the proposed test plan docs nol rull y add ress SI)ccial co nditi ons o r the Kippur 11 Paso a ir permit and does not conform to or address nccessary cle l11 ents or EPA test method protocols

EPA sent cmail messages on Ju ly 2 and August 2 20 12 to Mr J3ilsky wit h an attached lis t ofrcqucstcd r~lisions to the proposcd tes plan that are needed lo r lina l approval EPA electroni ca ll y copied yo u Mr Steve Kippur and [EMC on each emai l mcssagc EPA also tried unsuecessrull y to con tact Kippur and Mr Bilsky by phone Since EPA has recc ived no response or acknowledgement of these messages from Kippur or Mr Bi lsky we hereby di sapprove the proposed test plan as submitted

Kippur may rc-s ubmit a revised test plan to EPA 10 1 approva l that addresses the changes we requested Please subm it the revised proposed lest plan to Ms Diana Lundc lius or 111) starr at the above address Mail Code 6EN-AA II you have any questi ons aboll tthi s disapproval pleasc contac t Ms I undelius at 2 14-665-7468

Sincerely

J- 1-j1 ILL-A V v------David F Garcia J Assoc iate Di rector Airr roxics amp Inspection

Coordination Brancll

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