Or. Admin. Code § 340-230-0500 - Municipal Waste Combustors: Emission Standards for Commercial and Industrial Solid Waste Incineration Units
(1)
Purpose. This rule implements the emission guidelines and compliance schedules
for the control of emissions from commercial and industrial solid waste
incineration (CISWI) units.
(2)
Definitions. Terms used in this rule are as defined in
40 C.F.R.
60.2875. In
40 C.F.R.
60.2875, substitute "is defined by the EPA
administrator' for "is defined by the Administrator' and substitute
"established by the EPA Administrator by rule' for "established by the
Administrator by rule'.
(3)
Compliance schedule.
(a) CISWI units in the
incinerator subcategory and air curtain incinerators that commenced
construction on or before November 30, 1999, must achieve final compliance not
later than April 20, 2017.
(b)
CISWI units in the incinerator subcategory and air curtain incinerators, that
commenced construction after November 30, 1999, but on or before June 4, 2010
or that commenced reconstruction or modification on or after June 1, 2001 but
not later than August 7, 2013, and for CISWI units in the small remote
incinerator, energy recovery unit, and waste-burning kiln subcategories, that
commenced construction before June 4, 2010, must achieve final compliance as
quickly as possible but not later than February 7, 2018.
(4) Affected CISWI units.
(a) Incineration units that meet all of the
following three criteria are affected CISWI units:
(A) CISWI units 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) Incineration units that meet the
definition of a CISWI unit in
40 C.F.R.
60.2875.
(C) Incineration units not exempt under
section (5) of this rule.
(b) If the owner or operator of a CISWI unit
or air curtain incinerator makes changes that meets the definition of
modification or reconstruction on or after August 7, 2013, the CISWI unit
becomes subject to 40 C.F.R. Part 60 Subpart CCCC and this rule no longer
applies to that unit.
(c) If the
owner or operator of a CISWI unit makes physical or operational changes to an
existing CISWI unit primarily to comply with this rule, then 40 C.F.R. Part 60
Subpart CCCC does not apply to that unit. Such changes do not qualify as
modifications or reconstructions under 40 C.F.R. Part 60 Subpart
CCCC.
(5) Exempt units.
The types of units in subsections (5)(a) through (k) of this rule are exempt
from this rule, but some units are required to provide notifications. Air
curtain incinerators are exempt from the requirements of this rule except for
the requirements in sections (7) and (8) of this rule.
(a) Pathological waste incineration units
burning 90 percent or more by weight (on a calendar quarter basis and excluding
the weight of auxiliary fuel and combustion air) of pathological waste, low
level radioactive waste, and/or chemotherapeutic waste as defined in
40 C.F.R.
60.2875 if the owner or operator meets the
following two requirements:
(A) Notify DEQ
and EPA Administrator that the unit meets these criteria.
(B) Keep records on a calendar quarter basis
of the weight of pathological waste, low-level radioactive waste, and/or
chemotherapeutic waste burned, and the weight of all other fuels and wastes
burned in the unit.
(b)
Municipal waste combustion units that are subject to 40 C.F.R. Part 60 Subpart
Cb (Emission Guidelines and Compliance Times for Large Municipal Combustors);
Ea (Standards of Performance for Municipal Waste Combustors); Eb (Standards of
Performance for Large Municipal Waste Combustors); AAAA (Standards of
Performance for Small Municipal Waste Combustion Units); or BBBB (Emission
Guidelines for Small Municipal Waste Combustion Units).
(c) Medical waste incineration units
regulated under 40 C.F.R. Part 60 Subpart Ca (Emission Guidelines and
Compliance Times for Hospital/Medical/Infectious Waste Incinerators) or Ec
(Standards of Performance for Hospital/Medical/Infectious Waste Incinerators
for Which Construction is Commenced After June 20, 1996).
(d) Small power production facilities that
meet the following four requirements:
(A) The
unit qualifies as a small power-production facility under section 3(17)(C) of
the Federal Power Act (16 U.S.C. §
796(17)(C)).
(B) The unit burns homogeneous waste (not
including refuse-derived fuel) to produce electricity.
(C) The owner or operator submits
documentation to DEQ and the EPA Administrator notifying DEQ and EPA that the
qualifying small power production facility is combusting homogenous
waste.
(D) The owner or operator
maintains the records specified in
40 C.F.R.
60.2740(v).
(e) Cogeneration facilities. Units
that meet the following three requirements:
(A) The unit qualifies as a cogeneration
facility under 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 and steam or other forms
of energy used for industrial, commercial, heating, or cooling
purposes.
(C) The owner or operator
submits documentation to DEQ and the EPA Administrator notifying DEQ and EPA
that the qualifying cogeneration facility is combusting homogenous
waste.
(D) The owner or operator
maintains the records specified in
40 C.F.R.
60.2740(w).
(f) Hazardous waste combustion
units for which the owner or operator is required to get a permit under section
3005 of the Solid Waste Disposal Act.
(g) Materials recovery units that combust
waste for the primary purpose of recovering metals, such as primary and
secondary smelters.
(h) Air curtain
incinerators that burn only the following materials are only required to meet
the requirements under section (8) of this rule and under "Air Curtain
Incinerators' (section (7) of this rule):
(A)
100 percent wood waste.
(B) 100
percent clean lumber.
(C) 100
percent mixture of only wood waste, clean lumber, and/or yard waste.
(i) Sewage treatment plants
regulated under 40 C.F.R. Part 60 Subpart O (Standards of Performance for
Sewage Treatment Plants).
(j)
Sewage sludge incineration units combusting sewage sludge for the purpose of
reducing the volume of the sewage sludge by removing combustible matter that
are subject to 40 C.F.R. Part 60 Subpart LLLL (Standards of Performance for
Sewage Sludge Incineration Units) or 40 C.F.R. Part 60 Subpart MMMM (Emission
Guidelines for Sewage Sludge Incineration Units).
(k) Other solid waste incineration units that
are subject to 40 C.F.R. Part 60 Subpart EEEE (Standards of Performance for
Other Solid Waste Incineration Units for Which Construction is Commenced After
December 9, 2004, or for Which Modification or Reconstruction is Commenced on
or after June 16, 2006) or 40 C.F.R. Part 60 Subpart FFFF (Emission Guidelines
and Compliance Times for Other Solid Waste Incineration Units That Commenced
Construction On or Before December 9, 2004).
(6) Requirements for CISWI units.
(a) Increments of Progress and Achieving
Final Compliance. The owner or operator of an affected CISWI unit must meet the
following increments of progress:
(A) Submit
a final control plan by August 7, 2017, and
(B) Achieve final compliance by February 7,
2018.
(b) Notifications
of achievement of increments of progress. Notifications for achieving
increments of progress must be postmarked no later than 10 business days after
the compliance date for the increment. The notification of achievement of
increments of progress must include the following three items:
(A) Notification that the increment of
progress has been achieved.
(B) Any
items required to be submitted with each increment of progress.
(C) Signature of the owner or operator of the
CISWI unit or air curtain incinerator.
(c) Failure to meet an increment of progress.
If failing to meet an increment of progress, the owner or operator must submit
a notification to DEQ and the EPA Administrator postmarked within 10 business
days after the date for that increment of progress. The owner or operator must
inform DEQ and the EPA Administrator of the failure to meet the increment, and
must continue to submit reports each subsequent calendar month until the
increment of progress is met.
(d)
Complying with the increment of progress for submittal of a control plan. For
the control plan increment of progress, the owner or operator must satisfy the
following two requirements:
(A) Submit the
final control plan that includes the following five items:
(i) A description of the devices for air
pollution control and process changes that will be used to comply with the
emission limitations and other requirements of this rule.
(ii) The type(s) of waste to be
burned.
(iii) The maximum design
waste burning capacity.
(iv) The
anticipated maximum charge rate.
(v) If applicable, the petition for
site-specific operating limits under subsection (6)(k) of this rule.
(B) Maintain an onsite copy of the
final control plan.
(e)
Complying with the increment of progress for achieving final compliance. For
the final compliance increment of progress, the owner or operator must complete
all process changes and retrofit construction of control devices, as specified
in the final control plan, so that, if the affected CISWI unit is brought
online, all necessary process changes and air pollution control devices would
operate as designed.
(f) Closing a
CISWI unit.
(A) If closing a CISWI unit but
restarting it prior to the final compliance date, the owner or operator must
meet the increments of progress.
(B) If closing a CISWI unit but restarting it
after the final compliance date, the owner or operator must complete emission
control retrofits and meet the emission limitations and operating limits on the
date the unit restarts operation.
(C) If planning to close a CISWI unit rather
than comply with this rule, the owner or operator must submit a closure
notification, including the date of closure, to DEQ and the EPA Administrator
by the date the final control plan is due.
(g) Waste management plan. Owners and
operators of affected CISWI units must comply with
40 C.F.R.
60.2620 through
60.2630.
In
40 C.F.R.
60.2625, substitute "OAR
340-230-0500(6)(a)(A)' for "table 1 of this subpart'.
(h) Operator training and qualification.
Owners or operators of affected CISWI units must comply with
40
C.F.R. 60.2635 through
60.2665.
In
40
C.F.R. 60.2665(b)(1),
substitute "DEQ' for "the Administrator'. In
40
C.F.R. 60.2665(b)(2) and
(b)(2)(ii), substitute "EPA Administrator'
for "Administrator'.
(i) Emission
limitations. Owners and operators of affected CISWI units must comply with
40 C.F.R.
60.2670 with the following changes:
(A) In
40 C.F.R.
60.2670(a), substitute "in
OAR 340-230-0500(3)' for "under the approved state plan, federal plan, or
delegation, as applicable'.
(B)
Table 2 to 40 C.F.R. Part 60 Subpart DDDD applies only to CISWI units that were
subject to the Federal plan in 40 C.F.R. Part 62 Subpart III (Federal Plan
Requirements for Commercial and Industrial Solid Waste Incineration Units)
prior to June 4, 2010.
(C) In Table
2 to 40 C.F.R. Part 60 Subpart DDDD, substitute "February 7, 2018' for "[DATE
TO BE SPECIFIED IN STATE PLAN]'.
(D) In Tables 6 through 9 to 40 C.F.R. Part
60 Subpart DDDD, substitute "February 7, 2018' for "[DATE TO BE SPECIFIED IN
STATE PLAN]'.
(j)
Operating limits. Owners and operators of affected CISWI units must comply with
40 C.F.R.
60.2675.
(k) Site-specific operating limit. Owners and
operators of affected CISWI units may request a site-specific operating limit
in accordance with
40
C.F.R. 60.2680.
(l) Compliance demonstration. Owners and
operators of affected CISWI units must demonstrate compliance with this rule in
accordance with
40 C.F.R.
60.2690 through
60.2800.
(A) In
40 C.F.R.
60.2720(a)(1), substitute
"DEQ or the EPA Administrator may request' for "The Administrator may
request'.
(B) In
40 C.F.R.
60.2720(a)(3), substitute
"request by DEQ or the EPA Administrator' for "request by the
Administrator'.
(C) In
40
C.F.R. 60.2725(a),
substitute "DEQ or the EPA Administrator may request' for "The Administrator
may request'.
(D) In
40
C.F.R. 60.2730(n)(1) and
(n)(2), substitute "Notify DEQ' for "Notify
the Administrator'.
(E) In
40
C.F.R. 60.2730(n)(4),
substitute "notification to DEQ' for "notification to the
Administrator'.
(F) In
40 C.F.R.
60.2745, substitute "DEQ' for "the
Administrator'.
(G) In
40
C.F.R. 60.2785(a)(2), (a)(2)(iii), and
(b), substitute "DEQ' for "the
Administrator'.
(H) In
40 C.F.R.
60.2795(a), (b)(1)(ii) and
(b)(2)(ii), substitute "DEQ and the EPA
Administrator' for "the Administrator'.
(I) In
40 C.F.R.
60.2800, substitute "DEQ' for "the
Administrator'.
(7) Requirements for air curtain
incinerators.
(a) An air curtain incinerator
operates by forcefully projecting a curtain of air across an open chamber or
open pit in which combustion occurs. Incinerators of this type can be
constructed above or below ground and with or without refractory walls and
floor. (Air curtain incinerators are not to be confused with conventional
combustion devices with enclosed fireboxes and controlled air technology such
as mass burn, modular, and fluidized bed combustors.)
(b) Increments of Progress. The owner or
operator must meet the following increments of progress:
(A) Submit a final control plan by August 7,
2017, and
(B) Achieve final
compliance by February 7, 2018.
(c) Notifications of achievement of
increments of progress. Notifications for achieving increments of progress must
be postmarked no later than 10 business days after the compliance date for the
increment. The notification of achievement of increments of progress must
include the following three items:
(A)
Notification that the increment of progress has been achieved.
(B) Any items required to be submitted with
each increment of progress (see subsection (7)(d) of this rule).
(C) Signature of the owner or operator of the
incinerator.
(c)
Failure to meet an increment of progress. If failing to meet an increment of
progress, the owner or operator must submit a notification to DEQ and the EPA
Administrator postmarked within 10 business days after the date for that
increment of progress. The owner or operator must inform DEQ and the EPA
Administrator of the failure to meet the increment, and must continue to submit
reports each subsequent calendar month until the increment of progress is
met.
(d) Complying with the
increment of progress for submittal of a control plan. For the control plan
increment of progress, the owner or operator must satisfy the following two
requirements:
(A) Submit the final control
plan, including a description of any devices for air pollution control and any
process changes that will be used to comply with the emission limitations and
other requirements of this rule.
(B) Maintain an onsite copy of the final
control plan.
(e)
Complying with the increment of progress for achieving final compliance. For
the final compliance increment of progress, the owner or operator must complete
all process changes and retrofit construction of control devices, as specified
in the final control plan, so that, if the affected incinerator is brought
online, all necessary process changes and air pollution control devices would
operate as designed.
(f) Closing an
air curtain incinerator.
(A) If closing an
air curtain incinerator but reopening it prior to the final compliance date,
the owner or operator must meet the increments of progress in subsection (7)(b)
of this rule.
(B) If closing an air
curtain incinerator but restarting it after the final compliance date, the
owner or operator must complete emission control retrofits and meet the
emission limitations on the date the incinerator restarts operation.
(g) If planning to close an air
curtain incinerator rather than comply with this rule, the owner or operator
must submit a closure notification, including the date of closure, to DEQ and
the EPA Administrator by the date the final control plan is due.
(h) Emission limitations. After the date the
initial stack test is required or completed (whichever is earlier, the owner or
operator of the affected air curtain incinerator must comply with the
following:
(A) Maintain opacity to less than
or equal to 10 percent opacity (as determined by the average of three 1- hour
blocks consisting of ten 6-minute average opacity values), except as described
in paragraph (7)(h)(B) of this rule; and
(B) Maintain opacity to less than or equal to
35 percent opacity (as determined by the average of three 1- hour blocks
consisting of ten 6-minute average opacity values) during the startup period
that is within the first 30 minutes of operation.
(i) Compliance demonstration. The owners or
operator of the affected air curtain incinerator must demonstrate compliance
with this rule as follows and in accordance with
40
C.F.R. 60.2870. In
40
C.F.R. 60.2870(a) and (b),
substitute "DEQ or the EPA Administrator' for "the Administrator'.
(A) Use Method 9 of appendix A of 40 C.F.R.
Part 60 to determine compliance with the opacity limitation.
(B) Conduct an initial test for opacity as
specified in
40 C.F.R. 60.8
no later than 180 days after the owner or operator's final compliance
date.
(C) After the initial test
for opacity, conduct annual tests no more than 12 calendar months following the
date of the owner or operator's previous test.
(8) Permitting requirements. CISWI units and
air curtain incinerators subject to this rule must operate pursuant to a permit
issued under the Oregon Title V Operating Permit program requirements as
specified in OAR 340 divisions 218 and 220.
[NOTE: View a PDF of referenced EPA Methods by clicking on "Tables" link following OAR 340-230-8010.]
Notes
Statutory/Other Authority: ORS 468.020
Statutes/Other Implemented: ORS 468A.025
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