OAR 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.]