15A N.C. Admin. Code 02D .1210 - COMMERCIAL AND INDUSTRIAL SOLID WASTE INCINERATION UNITS
(a) Applicability. Unless exempt pursuant to
Paragraph (b) of this Rule, this Rule shall apply to existing commercial and
industrial solid waste incineration (CISWI) units, including energy recovery
units, kilns, small remote incinerators, and air curtain incinerators that burn
solid waste, pursuant to 40
CFR 60.2550 and as defined in
40 CFR
60.2875. An "existing CISWI unit" means a
unit that commenced construction on or before June 4, 2010, or commenced
modification or reconstruction after June 4, 2010, but no later than August 7,
2013.
(b) Exemptions. The following
types of combustion units shall be exempted from this Rule:
(1) incineration units subject to Rules
15A NCAC
02D .1203 through
15A NCAC
02D .1206 and
15A NCAC
02D .1212;
(2) pathological waste incineration units
burning 90 percent or more by weight on a calendar-quarter basis, excluding the
weight of auxiliary fuel and combustion air, of pathological waste, low-level
radioactive waste, or chemotherapeutic waste, as defined in
40 CFR
60.2875, if the owner or operator of the
unit:
(A) notifies the Director that the unit
qualifies for this exemption; and
(B) keeps records on a calendar-quarter basis
of the weight of pathological waste, low-level radioactive waste, or
chemotherapeutic waste burned and the weight of all other fuels and wastes
burned in the unit;
(3)
small power production or cogeneration units if:
(A) the unit qualifies as a small
power-production facility pursuant to Section 3(17)(C) of the Federal Power Act
(16 U.S.C.
796(17)(C)) or as a
cogeneration facility pursuant to Section 3(18)(B) of the Federal Power Act
(16 U.S.C.
796(18)(B));
(B) the unit burns homogeneous waste, not
including refuse-derived fuel, to produce electricity, steam, or other forms of
energy used for industrial, commercial, heating, or cooling purposes;
(C) the owner or operator of the unit
notifies the Director that the unit qualifies for this exemption; and
(D) the owner or operator of the unit
maintains the records specified in
40 CFR
60.2740(v) for a small
power-production facility or 40 CFR 60.2740(w)
for a cogeneration facility;
(4) units that combust waste for the primary
purpose of recovering metals;
(5)
cyclonic barrel burners;
(6) rack,
part, and drum reclamation units that burn the coatings off racks used to hold
small items for application of a coating;
(7) chemical recovery units as defined in
40 CFR
60.2875;
(8) laboratory analysis units that burn
samples of materials for the purpose of chemical or physical
analysis;
(9) air curtain
incinerators that meet the requirements specified in
15A NCAC
02D .1904 and that burn only the following
materials:
(A) 100 percent wood
waste;
(B) 100 percent clean
lumber; or
(C) 100 percent mixture
of only wood waste, clean lumber, and/or yard waste;
(10) sewage treatment plants that are subject
to 40 CFR
60 Subpart O Standards of Performance for
Sewage Treatment Plants;
(11) space
heaters that meet the requirements of
40 CFR
279.23;
(12) soil treatment units that thermally
treat petroleum contaminated soils for the sole purpose of site remediation;
and
(13) the owner or operator of a
combustion unit that is subject to this Rule may petition for an exemption to
this Rule by obtaining a determination that the material being combusted is;
(A) not a solid waste pursuant to the
legitimacy criteria of 40
CFR 241.3(b)(1);
(B) a non-waste pursuant to the petition
process submitted pursuant to
40 CFR
241.3(c); or
(C) a fuel that has been processed from a
discarded non-hazardous secondary material pursuant to
40 CFR
241.3(b)(4).
(c) Definitions. For
the purpose of this Rule, the definitions contained in
40 CFR
60.2875 shall apply in addition to the
definitions in
15A NCAC
02D .1202. Solid waste is defined pursuant to
40 CFR
60.2875 and
40 CFR Part 241 Standards for
Combustion of Non-Hazardous Secondary Materials (NHSM).
(d) Compliance Schedule. All CISWI units
subject to this Rule shall be in compliance with this Rule no later than
February 7, 2018.
(e) Emission
Standards. The emission standards in this Rule shall apply to all CISWI units
subject to this Rule except if
15A NCAC
02D .0524,
02D .1110, or .1111 applies. If
Subparagraph (4) of this Paragraph and
15A NCAC
02D .0524,
02D .1110, or .1111 regulate the
same pollutant, the more restrictive provision for each pollutant shall apply,
notwithstanding provisions of
15A NCAC
02D .0524,
02D .1110, or .1111 to the
contrary.
(1) CISWI units subject to this
Rule, including bypass stacks or vents, must meet the emissions limits
specified in Tables 6 through 9 of
40 CFR
60 Subpart DDDD. The emission limitations
shall apply at all times the unit is operating, including and not limited to
startup, shutdown, or malfunction.
(2) Units that do not use wet scrubbers shall
maintain opacity to less than or equal to 10 percent opacity using an averaging
time of three 1-hour blocks consisting of ten 6-minute average opacity values
as measured by 40 CFR
60 Appendix A-4 Test Method 9 pursuant to
Table 2 of 40 CFR
60 Subpart DDDD.
(3) Odorous Emissions. An incinerator subject
to this Rule shall comply with
15A NCAC
02D .1806 for the control of odorous
emissions.
(f) Operational Standards.
(1) The operational standards in this Rule
shall not apply to any CISWI unit subject to this Rule if applicable
operational standards in
15A NCAC
02D .0524,
02D .1110, or .1111
apply.
(2) The owner or operator of
a CISWI unit subject to this Rule shall operate the CISWI unit according to the
provisions in 40 CFR
60.2675.
(3) If an air pollution control device other
than a wet scrubber, activated carbon sorbent injection, selective
non-catalytic reduction, fabric filter, electrostatic precipitator, or dry
scrubber is used to comply with this Rule or if emissions are limited in some
other manner, including mass balances, to comply with the emission standards of
Subparagraph (e)(1) of this Rule, the owner or operator shall petition the EPA
Administrator in accordance with the requirements in
40 CFR
60.2680 for specific operating limits that
shall be established during the initial performance test and be continuously
monitored thereafter.
(g) Test Methods and Procedures.
(1) For the purposes of this Paragraph,
"Administrator" in 40 CFR
60.8 means "Director."
(2) The test methods and procedures described
in 15A
NCAC 02D .2600, in Tables 6 through 9 of
40 CFR
60 Subpart DDDD, in
40 CFR
60.2670(b), and in
40 CFR
60.2690 shall be used to determine compliance
with emission standards in Subparagraph (e)(1) of this Rule.
(3) Compliance with the opacity limit in
Subparagraph (e)(2) of this Rule shall be determined using
40 CFR
60 Appendix A-4 Test Method 9.
(h) Initial Compliance
Requirements.
(1) The owner or operator of a
CISWI unit subject to this Rule shall demonstrate initial compliance with the
emission limits in Subparagraph (e)(1) of this Rule and establish the operating
standards in Paragraph (f) of this Rule according to the provisions in
40 CFR
60.2700 through
40 CFR 60.2706. If an owner or
operator commences or recommences combusting a solid waste at an existing
combustion unit at any commercial or industrial facility, the owner or operator
shall comply with the requirements of this Paragraph.
(2) The owner or operator of a CISWI unit
subject to this Rule shall conduct an initial performance test pursuant to
40 CFR
60.2670,
40 CFR 60.2690, and Paragraph (g)
of this Rule. The initial performance test shall be conducted no later than 180
days after February 7, 2018, or according to
40 CFR
60.2705(b) or (c). The use
of the bypass stack during a performance test shall invalidate the performance
test. The initial performance test shall be used to:
(A) determine compliance with the emission
standards in Subparagraph (e)(1) of this Rule;
(B) establish compliance with opacity
operating limits in 40 CFR
60.2675(h);
(C) establish the kiln-specific emission
limit in 40 CFR
60.2710(y), as applicable;
and
(3)
The owner or operator of a CISWI unit subject to this Rule shall also conduct:
(A) a performance evaluation of each
continuous emissions monitoring system (CEMS) or continuous monitoring system
within 60 days of installation of the monitoring system; and
(B) an initial air pollution control device
inspection no later than 180 days after February 7, 2018, pursuant to
40 CFR
60.2706.
(i) Continuous Compliance Requirements.
(1) The owner or operator of a CISWI unit
subject to this Rule shall demonstrate continuous compliance with the emission
limits in Subparagraph (e)(1) of this Rule and the operating standards in
Paragraph (f) of this Rule according to the provisions in
40 CFR
60.2710 through
40 CFR 60.2725.
(2) If an existing CISWI unit that combusted
a fuel or non-waste material commences or recommences combustion of solid
waste, the owner or operator shall:
(A) be
subject to the provisions of 40 CFR 60 Subpart DDDD on the
first day solid waste is introduced or reintroduced into the combustion
chamber, and this date constitutes the effective date of the fuel-to-waste
switch;
(B) complete all initial
compliance demonstrations for any Section 112 standards that are applicable to
the facility before commencing or recommencing combustion of solid waste;
and
(C) provide 30 days prior
notice of the effective date of the waste-to-fuel switch identifying the
parameters listed in 40 CFR
60.2710(a)(4)(i) through
(v).
(3) Pursuant to
40 CFR
60.2710(v), the use of a
bypass stack at any time shall be an emissions standards deviation for
particulate matter, hydrogen chloride, lead, cadmium, mercury, nitrogen oxides,
sulfur dioxide, and dioxin/furans.
(4) The owner or operator of a CISWI unit
subject to this Rule shall conduct an annual performance test for the
pollutants listed in Subparagraph (e)(1) of this Rule, including opacity and
fugitive ash, to determine compliance with the emission standards in
40 CFR
60 Subpart DDDD Tables 6 through 9. The
annual performance test shall be conducted according to the provisions in
Paragraph (g) of this Rule. Annual performance tests shall not be required if
CEMS or continuous opacity monitoring systems are used to determine
compliance.
(5) The owner or
operator shall continuously monitor the operating parameters established in
Paragraph (f) of this Rule and as specified in
40 CFR
60.2710(c) and
40 CFR 60.2735.
(6) The owner or operator of an energy
recovery unit subject to this Rule shall only burn the same types of waste and
fuels used to establish applicability to this Rule and to establish operating
limits during the performance test.
(7) The owner or operator shall comply with
the monitoring system-specific, unit-specific, and pollutant-specific
provisions pursuant to 40
CFR 60.2710(e) through (j), (m) through (u), and (w) through
(y).
(8) The owner or operator shall conduct an
annual inspection of air pollution control devices used to meet the emission
limitations in this Rule, as specified in
40 CFR
60.2710(k).
(9) The owner or operator shall develop and
submit to the Director for approval a site-specific monitoring plan pursuant to
the requirements in 40 CFR
60.2710(l). This plan shall
be submitted at least 60 days before the initial performance evaluation of a
continuous monitoring system. The owner or operator shall conduct a performance
evaluation of each continuous monitoring system in accordance with the
site-specific monitoring plan. The owner or operator shall operate and maintain
the continuous monitoring system in continuous operation according to the
site-specific monitoring plan.
(10)
The owner or operator shall meet all applicable monitoring system requirements
specified in 40 CFR
60.2710(m) through (u) and (w) through
(y).
(j) Monitoring.
(1) The owner or operator of a CISWI unit
subject to this Rule shall comply with the monitoring requirements in
15A NCAC
02D .0600 and
40 CFR
60.2730 through
60.2735.
(2) For each continuous monitoring system
required or optionally allowed pursuant to
40 CFR
60.2730, the owner or operator shall monitor
and collect data according to
40 CFR
60.2735.
(3) The owner or operator of a CISWI unit
subject to this Rule shall establish, install, calibrate to manufacturers
specifications, maintain, and operate:
(A)
devices or methods for monitoring parameters used to determine compliance with
the operating parameters established under Subparagraph (f)(2) of this Rule, as
specified in 40 CFR
60.2730;
(B) devices or methods necessary to monitor
compliance with the site-specific operating parameters established pursuant to
Subparagraph (f)(3) of this Rule, as specified by
40 CFR
60.2730(c).
(4) To demonstrate continuous
compliance with an emissions limit, a facility may substitute use of a CEMS, a
continuous automated sampling system, or other device specified by
40 CFR
60.2730 for conducting the annual emissions
performance test and for monitoring compliance with operating parameters, as
specified by 40 CFR
60.2730.
(5) The owner or operator of a CISWI unit
subject to this Rule with a bypass stack shall install, calibrate to
manufacturers' specifications, maintain, and operate a device or method for
measuring the use of the bypass stack. including date, time, and
duration.
(6) The owner or operator
of a CISWI unit subject to this Rule shall conduct all monitoring at all times
the CISWI unit is operating, except during:
(A) monitoring system malfunctions and
associated repairs specified in
40 CFR
60.2735;
(B) monitoring system out-of-control periods
specified in 40 CFR
60.2770(o);
(C) required monitoring system quality
assurance or quality control activities, including calibrations checks and
required zero and span adjustments of the monitoring system; and
(D) scheduled maintenance as defined in the
site-specific monitoring plan required by Subparagraph (i)(9) of this
Rule.
(7) The data
recorded during monitoring malfunctions, out-of-control periods, repairs
associated with malfunctions or out-of-control periods, required quality
assurance or quality control activities, and site-specific scheduled
maintenance shall not be used in assessing compliance with the operating
standards in Paragraph (f) of this Rule. Owners and operators of a CISWI unit
subject to this Rule shall use all the data collected during all other periods,
including data normalized for above-scale readings, in assessing the operation
of the control device and the associated control system.
(8) Owners or operators of a CISWI unit
subject to this Rule shall perform monitoring system repairs in response to
monitoring system malfunctions or out-of-control periods and return the
monitoring system to operation as expeditiously as practicable.
(9) Except for periods of monitoring system
malfunctions or out-of-control periods, repairs associated with monitoring
system malfunctions or out-of-control periods, and required monitoring system
quality assurance or quality control activities, including, as applicable,
calibration checks and required zero and span adjustments, failure to collect
required monitoring data shall constitute a deviation from the monitoring
requirements.
(k)
Deviations, Malfunctions, and Out of Control Periods.
(1) Owners and operators of a CISWI unit
subject to this Rule shall report all deviations as defined in
40 CFR
60.2875 including the following:
(A) a deviation from operating limits in
Table 3 of 40 CFR
60 Subpart DDDD or a deviation from other
operating limits established pursuant to Paragraph (f),
40 CFR
60.2675(c) through (g), or
40 CFR 60.2680, including any
recorded 3-hour average parameter level that is above the established maximum
operating limit or below the established minimum operating limit;
(B) a deviation from the emission limitations
established pursuant to Tables 6 through 9 of
40 CFR
60 Subpart DDDD that is detected through
monitoring or during a performance test;
(C) a deviation from the CISWI operator
qualification and accessibility requirements established pursuant to
40 CFR
60.2635; or
(D) a deviation from any term or condition
included in the operating permit of the CISWI unit.
(2) Owners and operators of a CISWI unit
subject to this Rule shall submit all required deviation reports as specified
by Paragraph (l) of this Rule. The deviation report shall be submitted by
August 1 of the year for data collected during the first half of the calendar
year (January 1 to June 30), and by February 1 of the following year for data
collected during the second half of the calendar year (July 1 to December 31).
In addition, the owner and operator shall report the deviation in the annual
report specified by Paragraph (l) of this Rule.
(3) Owners and operators of a CISWI unit
subject to this Rule shall report all malfunctions, as defined in
40 CFR
60.2875, in the annual report specified by
Paragraph (j) and Paragraph (l) of this Rule.
(4) Owners and operators of a CISWI unit
subject to this Rule shall report all periods during which a continuous
monitoring system, including a CEMS, was out of control in the annual report
specified by Paragraph (j) and Paragraph (l) of this Rule.
(l) Recordkeeping and Reporting.
(1) The owner or operator of a CISWI unit
subject to this Rule shall maintain records required by this Rule on site for a
period of five years in either paper copy, electronic format that can be
printed upon request, or an alternate format that has been approved by the
Director.
(2) Combustion units that
are exempt units pursuant to Paragraph (b) of this Rule shall be subject to the
recordkeeping and reporting requirements in
40 CFR
60.2740(u) through
40 CFR 60.2740(w).
(3) The owner or operator of a CISWI unit
subject to this Rule shall maintain all records required by
40 CFR
60.2740 through
60.2800.
(4) The owner or operator of a CISWI unit
subject to this Rule shall submit the following reports with the required
information and by the required due dates specified in Table 5 of
40 CFR
60, Subpart DDDD:
(A) the waste management plan specified in
40 CFR
60.2755;
(B) the initial test report specified in
40 CFR
60.2760;
(D) the emission limitation or operating
limit deviation report specified in
40 CFR
60.2775 and
60.2780;
(E) the qualified operator deviation
notification specified in 40
CFR 60.2785(a)(1);
(F) the qualified operator deviation status
report, specified in 40 CFR
60.2785(a)(2);
(G) the qualified operator deviation
notification of resuming operation specified in
40 CFR
60.2785(b).
(5) The owner or operator shall
maintain CISWI unit operator records specified by
40 CFR
60.2660,
60.2665, and
60.2740(g)
through (i). If the CISWI unit has been shut
down by the Director pursuant to
40 CFR
60.2665(b)(2) due to failure
to provide an accessible qualified operator, the owner or operator shall notify
the Director that the operations have resumed after a qualified operator is
accessible.
(6) The owner or
operator of a CISWI unit subject to this Rule may request changing semiannual
or annual reporting dates specified in this Paragraph, and the Director shall
review the requested change using the procedures specified in
40 CFR
60.19(c).
(7) Reports shall be submitted to US EPA as
specified in 40 CFR
60.2795.
(A)
The owner or operator of the CISWI unit shall submit initial, annual, and
deviation reports electronically on or before the submittal due dates specified
in 40 CFR
60.2795(a) via the
Compliance and Emissions Data Reporting Interface (CEDRI), which can be
accessed through the EPA's Central Data Exchange (CDX) (https://cdx.epa.gov/). Reports required
pursuant to this Rule shall be submitted electronically or in paper format and
postmarked on or before the submittal due dates.
(B) The owner or operator shall submit
results of each performance test and CEMS performance evaluation within 60 days
of the test or evaluation following the procedure specified in
40 CFR
60.2795(b).
(i) For data collected using test methods
supported by the EPA's Electronic Reporting Tool (ERT) listed on the EPA's ERT
Web site (https://www3.epa.gov/ttn/chief/ert/ert_info.html)
at the time of the test, the owner or operator shall submit the results of the
performance test to the EPA via the CEDRI.
(ii) For data collected using test methods
that are not supported by the EPA's ERT listed on the EPA's ERT Web site at the
time of the test, the owner or operator shall submit the results of the
performance test to the Director.
(m) Operator Training and Certification.
(1) The owner or operator of the CISWI unit
subject to this Rule shall not allow the CISWI unit to operate at any time
unless a fully trained and qualified CISWI unit operator is present at the
facility or can be present at the facility within one hour. The trained and
qualified CISWI unit operator may operate the CISWI unit directly or be the
direct supervisor of one or more plant personnel who operate the
unit.
(2) Operator training and
qualification shall be obtained by completing the requirements of
40 CFR
60.2635(c) by the later of:
(A) six months after CISWI unit
startup;
(B) six months after an
employee assumes responsibility for operating the CISWI unit or assumes
responsibility for supervising the operation of the CISWI unit; or
(C) February 7, 2018.
(3) Operator qualification shall be valid
from the date on which the training course is completed and the operator passes
the examination required by 40 CFR
60.2635(c)(2).
(4) Operator qualification shall be
maintained by completing an annual review or refresher course covering, at a
minimum, the topics specified in
40 CFR
60.2650(a) through
(e).
(5) Lapsed operator qualification shall be
renewed by:
(A) completing a standard annual
refresher course as specified in Subparagraph (4) of this Paragraph for a lapse
less than three years; or
(B)
repeating the initial qualification requirements as specified in Subparagraph
(2) of this Paragraph for a lapse of three years or more.
(6) The owner or operator of a CISWI unit
subject to this Rule shall:
(A) have
documentation specified in 40 CFR 60.2660(a)(1) through (10) and (c)(1)
through (c)(3) available at the facility,
accessible for all CISWI unit operators, and suitable for inspection upon
request;
(B) establish a program
for reviewing the documentation specified in Part (A) of this Subparagraph with
each CISWI unit operator. The initial review of the documentation specified in
Part (A) of this Subparagraph shall be conducted no later than February 7,
2018, or no later than six months after an employee assumes responsibility for
operating the CISWI unit or assumes responsibility for supervising the
operation of the CISWI unit; and
(C) conduct subsequent annual reviews of the
documentation specified in Part (A) of this Subparagraph no later than twelve
months following the previous review.
(7) The owner or operator of a CISWI unit
subject to this Rule shall meet one of the two criteria specified in
40 CFR
60.2665(a) and (b), if all
qualified operators are temporarily not at the facility and not able to be at
the facility within one hour.
(n) Prohibited waste. The owner or operator
of a CISWI subject to this Rule shall not incinerate any of the wastes listed
in G.S.
130A-309.10(f1).
(o) Waste Management Plan.
(1) The owner or operator of a CISWI unit
subject to this Rule shall submit a written waste management plan to the
Director that identifies the feasibility and the methods used to reduce or
separate components of solid waste from the waste stream in order to reduce or
eliminate toxic emissions from incinerated waste.
(2) The waste management plan shall include:
(A) consideration of the reduction or
separation of waste-stream elements such as paper, cardboard, plastics, glass,
batteries, or metals and the use of recyclable materials;
(B) a description of how the materials listed
in G.S.
130A-309.10(f1) are to be
segregated from the waste stream for recycling or proper disposal;
(C) identification of any additional waste
management measures; and
(D)
implementation of those measures considered practical and feasible based on the
effectiveness of waste management measures already in place, the costs of
additional measures, the emissions reductions expected to be achieved, and the
environmental or energy impacts that the measures may have.
Notes
Eff. August 1, 2002;
Amended Eff. June 1, 2008; January 1, 2005;
Readopted Eff. July 1, 2018.
Eff.
Amended Eff.
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