N.C. Department of Environment and Natural Resources
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15A NCAC 02D .1210 COMMERCIAL AND INDUSTRIAL SOLID WASTE INCINERATION UNITS



(a) Applicability. With the exceptions in Paragraph (b) of this Rule, this Rule applies to the commercial and industrial solid waste incinerators (CISWI). (b) Exemptions. The following types of incineration units are exempted from this Rule:



(1) (2)



incineration units covered under Rules .1203 through .1206 of this Section; units, burning 90 percent or more by weight on a calendar-quarter basis, excluding the weight of auxiliary fuel and combustion air, of agricultural waste, pathological waste, low-level radioactive waste, or chemotherapeutic waste, if the owner or operator of the unit:



(A) (B)



notifies the Director that the unit qualifies for this exemption; and keeps records on a calendar-quarter basis of the weight of agricultural waste, 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)



(B) (C)



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)) or as a cogeneration facility under section 3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B)); the unit burns homogeneous waste (not including refuse-derived fuel) to produce electricity; and the owner or operator of the unit notifies the Director that the unit qualifies for this exemption;



(4) (5) (6) (7) (8) (9) (10) units that combust waste for the primary purpose of recovering metals; cyclonic barrel burners; rack, part, and drum reclamation units that burn the coatings off racks used to hold small items for application of a coating; cement kilns; chemical recovery units burning materials to recover chemical constituents or to produce chemical compounds as listed in 40 CFR 60.2555(n)(1) through (7); laboratory analysis units that burn samples of materials for the purpose of chemical or physical analysis; air curtain burners covered under Rule .1904 of this Subchapter.



(c) The owner or operator of a chemical recovery unit not listed under 40 CFR 60.2555(n) may petition the Director to be exempted. The petition shall include all the information specified under 40 CFR 60.2559(a). The Director shall approve the exemption if he finds that all the requirements of 40 CFR 60.2555(n) are satisfied and that the unit burns materials to recover chemical constituents or to produce chemical compounds where there is an existing market for such recovered chemical constituents or compounds. (d) Definitions. For the purpose of this Rule, the definitions contained in 40 CFR 60.2875 apply in addition to the definitions in Rule .1202 of this Section. (e) Emission Standards. The emission standards in this Rule apply to all incinerators subject to this Rule except where Rules .0524, .1110, or .1111 of this Subchapter applies. When Subparagraphs (12) or (13) of this Paragraph and Rules .0524, .1110, or .1111 of this Subchapter regulate the same pollutant, the more restrictive provision for each pollutant applies, notwithstanding provisions of Rules .0524, .1110, or .1111 of this Subchapter to the contrary.



(1) (2) (3) (4) (5) (6) (7)



Particulate Matter. Emissions of particulate matter from a CISWI unit shall not exceed 70 milligrams per dry standard cubic meter corrected to seven percent oxygen (dry basis). Opacity. Visible emissions from the stack of a CISWI unit shall not exceed 10 percent opacity (6minute block average). Sulfur Dioxide. Emissions of sulfur dioxide from a CISWI unit shall not exceed 20 parts per million by volume corrected to seven percent oxygen (dry basis). Nitrogen Oxides. Emissions of nitrogen oxides from a CISWI unit shall not exceed 368 parts per million by volume corrected to seven percent oxygen (dry basis). Carbon Monoxide. Emissions of carbon monoxide from a CIWI unit shall not exceed 157 parts per million by volume, corrected to seven percent oxygen (dry basis). Odorous Emissions. Any incinerator subject to this Rule shall comply with Rule .1806 of this Subchapter for the control of odorous emissions. Hydrogen Chloride. Emissions of hydrogen chloride from a CISWI unit shall not exceed 62 parts per million by volume, corrected to seven percent oxygen (dry basis).





(8) (9) (10) (11)



(12) (13)



Mercury Emissions. Emissions of mercury from a CISWI unit shall not exceed 0.47 milligrams per dry standard cubic meter, corrected to seven percent oxygen. Lead Emissions. Emissions of lead from a CISWI unit shall not exceed 0.04 milligrams per dry standard cubic meter, corrected to seven percent oxygen. Cadmium Emissions. Emissions of cadmium from a CISWI unit shall not exceed 0.004 milligrams per dry standard cubic meter, corrected to seven percent oxygen. Dioxins and Furans. Emissions of dioxins and furans from a CISWI unit shall not exceed 0.41 nanograms per dry standard cubic meter (toxic equivalency basis), corrected to seven percent oxygen. Toxic equivalency is given in Table 4 of 40 CFR part 60, Subpart DDDD. Toxic Emissions. The owner or operator of any incinerator subject to this Rule shall demonstrate compliance with Section .1100 of this Subchapter according to 15A NCAC 02Q .0700. Ambient Standards.



(A)



In addition to the ambient air quality standards in Section .0400 of this Subchapter, the following ambient air quality standards, which are an annual average, in milligrams per cubic meter at 77 degrees F (25 degrees C) and 29.92 inches (760 mm) of mercury pressure, and which are increments above background concentrations, apply aggregately to all incinerators at a facility subject to this Rule:



(i) (ii) (iii) (iv) arsenic and its compounds beryllium and its compounds cadmium and its compounds chromium (VI) and its compounds



2.3x10-7 4.1x10-6 5.5x10-6 8.3x10-8



(B)



(C)



The owner or operator of a facility with incinerators subject to this Rule shall demonstrate compliance with the ambient standards in Subparts (i) through (iv) of Part (A) of this Subparagraph by following the procedures set out in Rule .1106 of this Subchapter. Modeling demonstrations shall comply with the requirements of Rule .0533 of this Subchapter. The emission rates computed or used under Part (B) of this Subparagraph that demonstrate compliance with the ambient standards under Part (A) of this Subparagraph shall be specified as a permit condition for the facility with incinerators as their allowable emission limits unless Rules .0524, .1110, or .1111 of this Subchapter requires more restrictive rates.



(f) Operational Standards.



(1) (2)



The operational standards in this Rule do not apply to any incinerator subject to this Rule when applicable operational standards in Rules .0524, .1110, or .1111 of this Subchapter apply. If a wet scrubber is used to comply with emission limitations: (A) operating limits for the following operating parameters shall be established:



(i)



maximum charge rate, which shall be measured continuously, recorded every hour, and calculated using one of the following procedures:



(I)



(II)



for continuous and intermittent units, the maximum charge rate is 110 percent of the average charge rate measured during the most recent compliance test demonstrating compliance with all applicable emission limitations; or for batch units, the maximum charge rate is 110 percent of the daily charge rate measured during the most recent compliance test demonstrating compliance with all applicable emission limitations;



(ii)



minimum pressure drop across the wet scrubber, which shall be measured continuously, recorded every 15 minutes, and calculated as 90 percent of:



(I)



(II)



the average pressure drop across the wet scrubber measured during the most recent performance test demonstrating compliance with the particulate matter emission limitations, or the average amperage to the wet scrubber measured during the most recent performance test demonstrating compliance with the particulate matter emission limitations;



(iii)



minimum scrubber liquor flow rate, which shall be measured continuously, recorded every 15 minutes, and calculated as 90 percent of the average liquor flow





(iv)



rate at the inlet to the wet scrubber measured during the most recent compliance test demonstrating compliance with all applicable emission limitations; and minimum scrubber liquor pH, which shall be measured continuously, recorded every 15 minutes, and calculated as 90 percent of the average liquor pH at the inlet to the wet scrubber measured during the most recent compliance test demonstrating compliance with all applicable emission limitations.



(B) (C)



A three hour rolling average shall be used to determine if operating parameters in Subparts (A)(i) through (A)(iv) of this Subparagraph have been met. The owner or operator of the CISWI unit shall meet the operating limits established during the initial performance test on the date the initial performance test is required or completed.



(3) (4)



If a fabric filter is used to comply with the emission limitations, then it shall be operated as specified in 40 CFR 60.2675(c); If an air pollution control device other than a wet scrubber is used or if emissions are limited in some other manner to comply with the emission standards of Paragraph (e) of this Rule, the owner or operator shall petition the Director for specific operating limits that shall be established during the initial performance test and continuously monitored thereafter. The initial performance test shall not be conducted until after the Director approves the petition. The petition shall include:



(A) (B)



(C) (D) (E)



identification of the specific parameters to be used as additional operating limits; explanation of the relationship between these parameters and emissions of regulated pollutants, identifying how emissions of regulated pollutants change with changes in these parameters, and how limits on these parameters will serve to limit emissions of regulated pollutants; explanation of establishing the upper and lower limits for these parameters, which will establish the operating limits on these parameters; explanation of the methods and instruments used to measure and monitor these parameters, as well as the relative accuracy and precision of these methods and instruments; identification of the frequency and methods for recalibrating the instruments used for monitoring these parameters.



The Director shall approve the petition if he finds that the requirements of this Subparagraph have been satisfied and that the proposed operating limits will ensure compliance with the emission standards in Paragraph (e) of this Rule. (g) Test Methods and Procedures.



(1) (2)



(3)



(4)



(5)



(6)



For the purposes of this Paragraph, "Administrator" in 40 CFR 60.8 means "Director". The test methods and procedures described in Section .2600 of this Subchapter, in 40 CFR Part 60 Appendix A, 40 CFR Part 61 Appendix B, and 40 CFR 60.2690 shall be used to determine compliance with emission standards in Paragraph (e) this Rule. Method 29 of 40 CFR Part 60 shall be used to determine emission standards for metals. However, Method 29 shall be used to sample for chromium (VI), and SW 846 Method 0060 shall be used for the analysis. All performance tests shall consist of a minimum of three test runs conducted under conditions representative of normal operations. Compliance with emissions standards under Subparagraph (e)(1), (3) through (5), and (7) through (11) of this Rule shall be determined by averaging three one-hour emission tests. These tests shall be conducted within 12 months following the initial performance test and within every twelve month following the previous annual performance test after that. The owner or operator of CISWI shall conduct an initial performance test as specified in 40 CFR 60.8 to determine compliance with the emission standards in Paragraph (e) of this Rule and to establish operating standards using the procedure in Paragraph (f) of this Rule. The owner or operator of the CISWI unit shall conduct an annual performance test for particulate matter, hydrogen chloride, and opacity as specified in 40 CFR 60.8 to determine compliance with the emission standards for the pollutants in Paragraph (e) of this Rule. If the owner or operator of CISWI unit has shown, using performance tests, compliance with particulate matter, hydrogen chloride, and opacity for three consecutive years, the Director shall allow the owner or operator of CISWI unit to conduct performance tests for these three pollutants every third year. However, each test shall be within 36 months of the previous performance test. If the CISWI unit continues to meet the emission standards for these three pollutants the Director shall allow the





(7)



(8) (9) (10)



(h) Monitoring. (1) (2)



owner or operator of CISWI unit to continue to conduct performance tests for these three pollutants every three years. If a performance test shows a deviation from the emission standards for particulate matter, hydrogen chloride, or opacity, the owner or operator of the CISWI unit shall conduct annual performance tests for these three pollutants until all performance tests for three consecutive years show compliance for particulate matter, hydrogen chloride, or opacity. The owner or operator of CISWI unit may conduct a repeat performance test at any time to establish new values for the operating limits. The owner or operator of the CISWI unit shall repeat the performance test if the feed stream is different than the feed streams used during any performance test used to demonstrate compliance. If the Director has evidence that an incinerator is violating a standard in Paragraph (e) or (f) of this Rule or that the feed stream or other operating conditions have changed since the last performance test, the Director may require the owner or operator to test the incinerator to demonstrate compliance with the emission standards listed in Paragraph (e) of this Rule at any time. The owner or operator of an incinerator subject to the requirements of this Rule shall comply with the monitoring, recordkeeping, and reporting requirements in Section .0600 of this Subchapter. The owner or operator of an incinerator subject to the requirements of this Rule shall establish, install, calibrate to manufacturers specifications, maintain, and operate:



(A) (B) (C)



(D)



devices or methods for continuous temperature monitoring and recording for the primary chamber and, where there is a secondary chamber, for the secondary chamber; devices or methods for monitoring the value of the operating parameters used to determine compliance with the operating parameters established under Paragraph (f)(2) of this Rule; a bag leak detection system that meets the requirements of 40 CFR 60.2730(b) if a fabric filter is used to comply with the requirements of the emission standards in Paragraph (e) of this Rule; and equipment necessary to monitor compliance with the cite-specific operating parameters established under Paragraph (f)(4) of this Rule.



(3)



(4)



(5)



The Director shall require the owner or operator of a CISWI unit with a permitted charge rate of 750 pounds per hour or more to install, operate, and maintain continuous monitors for oxygen or for carbon monoxide or both as necessary to determine proper operation of the CISWI unit. The Director shall require the owner or operator of a CISWI unit with a permitted charge rate of 750 pounds per hour or less to install, operate, and maintain continuous monitors for oxygen or for carbon monoxide or both if necessary to determine proper operation of the CISWI unit. The owner or operator of the CISWI unit shall conduct all monitoring at all times the CISWI unit is operating, except;



(A) (B)



malfunctions and associated repairs; required quality assurance or quality control activities including calibrations checks and required zero and span adjustments of the monitoring system.



(6)



The data recorded during monitoring malfunctions, associated repairs, and required quality assurance or quality control activities shall not be used in assessing compliance with the operating standards in Paragraph (f) of this Rule.



(i) Recordkeeping, and Reporting.



(1) (2) (3)



The owner or operator of CISWI unit shall maintain records required by this Rule on site in either paper copy or electronic format that can be printed upon request for a period of five years. The owner or operator of CISWI unit shall maintain all records required under 40 CFR 60.2740. The owner or operator of CISWI unit shall submit as specified in Table 5 of 40 CFR 60, Subpart DDDD the following reports:



(A) (B) (C) (D) (E) (F) Waste Management Plan; initial test report, as specified in 40 CFR 60.2760; annual report as specified in 40 CFR 60.2770; emission limitation or operating limit deviation report as specified in 40 CFR 60.2780; qualified operator deviation notification as specified in 40 CFR 60.2785(a)(1); qualified operator deviation status report, as specified in 40 CFR 60.2785(a)(2);





(G)



qualified operator deviation notification of resuming operation as specified in 40 CFR 60.2785(b).



(4) The owner or operator of the CISWI unit shall submit a deviation report if:



(A) (B) (C)



any recorded three-hour average parameter level is above the maximum operating limit or below the minimum operating limit established under Paragraph (f) of this Rule; the bag leak detection system alarm sounds for more than five percent of the operating time for the six-month reporting period; or a performance test was conducted that deviated from any emission standards in Paragraph (e) of this Rule.



(5)



(6) (7)



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). The owner or operator of the CISWI unit may request changing semiannual or annual reporting dates as specified in this Paragraph, and the Director may approve the request change using the procedures specified in 40 CFR 60.19(c). Reports required under this Rule shall be submitted electronically or in paper format, postmarked on or before the submittal due dates. If the CISWI unit has been shut down by the Director under the provisions of 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 are resumed once a qualified operator is accessible.



(j) Excess Emissions and Start-up and Shut-down. All incinerators subject to this Rule shall comply with 15A NCAC 2D .0535, Excess Emissions Reporting and Malfunctions, of this Subchapter. (k) Operator Training and Certification.



(1)



(2)



The owner or operator of the CISIWI unit shall not allow the CISWI unit to operate at any time unless a fully trained and qualified CISWI unit operator is accessible, either at the facility or available 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 CISWI unit operators. Operator training and qualification shall be obtained by completing the requirements of 40 CFR 60.2635(c) by the later of:



(A) (B)



six month after CISWI unit startup; or six month after an employee assumes responsibility for operating the CISWI unit or assumes responsibility for supervising the operation of the CISWI unit.



(3) (4)



Operator qualification is valid from the date on which the training course is completed and the operator passes the examination required in 40 CFR 60.2635(c)(2). Operator qualification shall be maintained by completing an annual review or refresher course covering:



(A) (B) (C) (D) (E) update of regulations; incinerator operation, including startup and shutdown procedures, waste charging, and ash handling; inspection and maintenance; responses to malfunctions or conditions that may lead to malfunction; discussion of operating problems encountered by attendees.



(5) Lapsed operator qualification shall be renewed by:



(A) (B)



completing a standard annual refresher course as specified in Subparagraph (4) of this Paragraph for a lapse less than three years, and 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 the CISIWI unit shall:



(A)



(B)



have documentation specified in 40 CFR 60.2660(a)(1) through (10) and (c)(1) through (c)(3) available at the facility and accessible for all CISWI unit operators and are suitable for inspection upon request; establish a program for reviewing the documentation specified in Part (A) of this Subparagraph with each CISWI unit operator:



(i)



the initial review of the documentation specified in Part (A) of this Subparagraph shall be conducted by the later of the two dates:





(I) (II)



six month after CISWI unit startup; or six month after an employee assumes responsibility for operating the CISWI unit or assumes responsibility for supervising the operation of the CISWI unit; and



(ii)



subsequent annual reviews of the documentation specified in Part (A) of this Subparagraph shall be conducted no later than twelve month following the previous review.



(7)



The owner or operator of the CISIWI unit shall meet one of the two criteria specified in 40 CFR 60.2665(a) and (b), depending on the length of time, if all qualified operators are temporarily not at the facility and not able to be at the facility within one hour.



(l) Prohibited waste. The owner or operator of a CISIW shall not incinerate any of the wastes listed in G.S. 130A309.10(f1). (m) Waste Management Plan.



(1)



(2)



The owner or operator of the CISWI unit shall submit a waste management plan to the Director that identifies in writing 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. The waste management plan shall include:



(A) (B) (C) (D)



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; 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; identification of any additional waste management measures; and implementation of those measures considered practical and feasible, based on the effectiveness of waste management measures already in place, the costs of additional measures and the emissions reductions expected to be achieved and the environmental or energy impacts that the measures may have.



(n) The final control plan shall contain the information specified in 40 CFR 60.2600(a)(1) through (5), and a copy shall be maintained on site.



History Note:



Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66; 143-215.107(a)(4),(5); 40 CFR 60.215(a)(4); Eff. August 1, 2002; Amended Eff. June 1, 2008; January 1, 2005.






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Last Modified: Thu Oct 10 18:30:40 2013
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