Sec. 1.
(a) Except as
provided in subsections (b) and (e) through (g), this rule applies to each
commercial and industrial solid waste incineration (CISWI) unit as defined in
40 CFR 60.2875 *, for which construction was commenced on or before November
30, 1999.
(b) The following are
exempt from this rule:
(1) Incineration units
burning ninety percent (90%) 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, or chemotherapeutic waste, or any
combination of these wastes as defined in 40 CFR 60.2875 *, provided the owner
or operator of the incinerator does all of the following:
(A) Notifies the department and U.S. EPA that
the unit meets the criteria in this subdivision.
(B) Keeps records on a calendar quarter basis
of the weight of pathological waste, low-level radioactive waste,
chemotherapeutic waste, or any combination of these wastes burned, and the
weight of all other fuels and wastes burned in the unit.
(2) Incineration units burning ninety percent
(90%) or more by weight (on a calendar quarter basis and excluding the weight
of auxiliary fuel and combustion air) of agricultural wastes as defined in 40
CFR 60.2875 *, provided the owner or operator of the incinerator does all of
the following:
(A) Notifies the department and
U.S. EPA that the unit meets the criteria in this subdivision.
(B) Keeps records on a calendar quarter basis
of the weight of agricultural waste burned, and the weight of all other fuels
and wastes burned in the unit.
(3) Incineration units that meet either of
the following criteria:
(A) Qualify as a
municipal waste combustor regulated under 40 CFR 60, Subpart Cb*, Ea*, Eb*,
AAAA*, or BBBB*.
(B) Burn greater
than thirty percent (30%) municipal solid waste or refuse-derived fuel, as
defined in 40 CFR 60, Subpart Ea*, Eb*, AAAA*, and BBBB*, and that have the
capacity to burn less than thirty-five (35) tons per day of municipal solid
waste or refuse-derived fuel, provided the owner or operator of the incinerator
does all of the following:
(i) Notifies the
department and U.S. EPA that the unit meets the criteria in clause (A) or
(B).
(ii) Keeps records on a
calendar quarter basis of the weight of municipal solid waste burned, and the
weight of all other fuels and wastes burned in the unit.
(4) Medical waste incineration
units regulated under 40 CFR 60, Subpart Ca* or Ec*.
(5) Small power production units that meet
all of the following 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 notifies the
department and U.S. EPA that the unit meets all of the requirements in clauses
(A) and (B).
(6)
Cogeneration units that meet all of the following 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
notifies the department and U.S. EPA that the unit meets all of the
requirements in clauses (A) and (B).
(7) Hazardous waste combustion units that
meet either of the following criteria:
(A) Any
combustor required to have a permit under Section 3005 of the Solid Waste
Disposal Act*.
(B) Units regulated
under 40 CFR 63, Subpart EEE*.
(8) Materials recovery units that combust
waste for the primary purpose of recovering metals, such as primary and
secondary smelters.
(9) Cyclonic
barrel burners as defined in 40 CFR 60.2875 *.
(10) Rack, part, and drum reclamation units
as defined in 40 CFR 60.2875 *.
(11) Cement kilns regulated under 40 CFR 63,
Subpart LLL*.
(12) Sewage sludge
incinerators regulated under 40 CFR 60, Subpart O*.
(13) Combustion units burning materials to
recover chemical constituents or to produce chemical compounds where there is
an existing commercial market for such recovered chemical constituents or
compounds. The following types of units are considered chemical recovery units:
(A) Units burning only pulping liquors that
are:
(i) reclaimed in a pulping liquor
recovery process; and
(ii) reused
in the pulping process.
(B) Units burning only spent sulfuric acid
used to produce virgin sulfuric acid.
(C) Units burning only wood or coal feedstock
for the production of charcoal.
(D)
Units burning only manufacturing byproduct streams or residues containing
catalyst metals that are reclaimed and reused as catalysts or used to produce
commercial grade catalysts.
(E)
Units burning only coke to produce purified carbon monoxide that is used as an
intermediate in the production of other chemical compounds.
(F) Units burning only hydrocarbon liquids or
solids to produce:
(i) hydrogen;
(ii) carbon monoxide;
(iii) synthesis gas; or
(iv) other gases;
for the use in other manufacturing processes.
(G) Units burning only
photographic film to recover silver.
(14) Laboratory analysis units that burn
samples of materials for the purpose of chemical or physical
analysis.
(c) The owner
or operator of a unit listed in subsection (b) must submit an exemption
notification not later than one (1) year from the effective date of this
rule.
(d) Pathological waste
exemptions submitted under 326 IAC 11-6 satisfy the conditions of subsection
(b)(1).
(e) Air curtain
incinerators or destructors that only burn one (1) of the following fuels are
required to comply with only 40 CFR 60.2810 through 40 CFR 60.2870 * and obtain
approval under 326 IAC 4-1-6:
(1) One hundred
percent (100%) wood waste.
(2) One
hundred percent (100%) clean lumber.
(3) One hundred percent (100%) mixture of
only wood waste, clean lumber, yard waste, or any combination of these
wastes.
(f) If the owner
or operator of a CISWI unit makes changes that meet the definition of
modification or reconstruction, as defined in 40 CFR 60.2875 *, on or after
June 1, 2001:
(1) the CISWI unit becomes
subject to 40 CFR 60, Subpart CCCC* and 326 IAC 12; and
(2) this rule no longer applies to that CISWI
unit.
(g) Physical or
operational changes made to an existing CISWI unit primarily to comply with
emission limits under this rule:
(1) are not
considered modifications or reconstructions; and
(2) do not result in an existing CISWI unit
becoming subject to 40 CFR 60, Subpart CCCC*.
*These documents are incorporated by reference and may be
obtained from the Government Printing Office, 732 North Capitol, Washington,
D.C. 20401 or are available for review and copying at the Indiana Department of
Environmental Management, Office of Air Quality, Indiana Government
Center-North, Tenth Floor, 100 North Senate Avenue, Indianapolis, Indiana
46204.
