Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
224.20-100,
224.20-110,
224.20-120,
40 C.F.R.
60.13 (1990), 40 C.F.R. 60, Appendix A,
Methods 1, 2, 3, 5, 6, 6A, 6C, 7, 7E, 9, 10, and 19 (1990), 40 C.F.R. 60,
Appendix B, Performance Specifications 1, 2, 3, and 4 (1990)
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
224.10-100 requires the Environmental and
Public Protection Cabinet to prescribe administrative regulations for the
prevention, abatement, and control of air pollution. This administrative
regulation provides standards of performance for new municipal solid waste
incinerators.
Section 1. Definitions.
As used in this administrative regulation, all terms not defined in this
section shall have the meaning given them in
401 KAR
50:010.
(1)
"Affected facility" means each municipal solid waste incinerator unit for which
construction, modification, or reconstruction is commenced on or after December
20, 1989.
(2) "Municipal solid
waste incinerator" or "municipal solid waste incinerator unit" or "MSWI" or
"MSWI unit" means a device that combusts material, which if included in the
waste stream, would be municipal solid waste. This includes but is not limited
to, field-erected incinerators (with or without heat recovery), modular
incinerators (starved air or excess air), boilers (i.e., steam generating
units), and furnaces (whether suspension-fired, grate-fired, mass-fired, or
fluidized bed-fired).
(3) "ASME"
means the American Society of Mechanical Engineers.
(4) "Biologicals" means a biological product
used in the prevention or treatment of disease.
(5) "Bubbling fluidized bed incinerator"
means a fluidized bed incinerator in which the majority of the bed material
remains in the primary combustion zone.
(6) "Chief facility operator" means the
person in direct charge and control of the operation of a MSWI and who is
responsible for daily on-site supervision, technical direction, management, and
overall performance of the facility.
(7) "Circulating fluidized bed incinerator"
means a fluidized bed incinerator in which the majority of the bed material is
carried out of the primary combustion zone and is transported back to the
primary zone through a recirculation loop.
(8) "Refuse-derived fuel cofired incinerator"
or "RDF cofired incinerator" means an incinerator that is designed to fire
refuse-derived fuel simultaneously with other fuels.
(9) "Commercial solid waste" means all types
of solid waste generated by stores, offices, restaurants, warehouses, and other
nonmanufacturing activities, excluding household and industrial wastes.
Commercial solid waste includes waste from medical facilities, schools, and
other institutions that is not medical waste.
(10) "Contained landfill" has the meaning
given it in 401 KAR 30:010.
(11)
"Continuous emission monitoring system" or "CEMS" means a monitoring system for
continuously measuring and recording the emissions of a pollutant from an
affected facility.
(12) "Daily
average" means the average of all hourly emission rates when the affected
facility is operating and firing municipal solid waste measured between 12
midnight and the following midnight.
(13) "Dioxin or furan" means total tetra-
through octa-chlorinated dibenzo-p-dioxins and tetra-through octa-chlorinated
dibenzofurans.
(14) "Ferrous
metals" means metals and alloys containing iron. Ferrous metals include, but
are not limited to, pieces of scrap metal and household appliances made of
iron-containing metals, including stoves, refrigerators, air conditioners, and
other appliances. Ferrous metals shall not include whole automobiles or other
vehicles or vehicle bodies.
(15)
"Field-erected" means assembled from components at a final site of
operation.
(16) "Four (4) hour
block average" means the average of all hourly emission rates when the affected
facility is operating and combusting municipal solid waste measured over four
(4) hour periods of from 12 midnight to 4 a.m., 4 a.m. to 8 a.m., 8 a.m. to 12
noon, 12 noon to 4 p.m., 4 p.m. to 8 p.m., 8 p.m. to 12 midnight.
(17) "Hazardous waste" has the meaning given
it in
KRS
224.01-010.
(18) "Household battery" means a dry cell
battery.
(19) "Household solid
waste" means solid waste, including garbage and trash generated by single and
multiple family residences, hotels, motels, bunkhouses, ranger stations, crew
quarters, and recreational areas such as picnic areas, parks, and
campgrounds.
(20) "Industrial
waste" means a liquid, gaseous, or solid waste substance resulting from a
process of industry, manufacture, trade, or business, or from the development,
process, or recovery of a natural resource.
(21) "Large MSWI plant" means a MSWI plant
with a MSWI plant capacity greater than 225 megagrams per day (250 tons per
day) of municipal solid waste.
(22)
"Mass burn refractory incinerator" means an incinerator that combusts waste in
a refractory wall furnace.
(23)
"Mass burn rotary waterwall incinerator" means an incinerator that combusts
waste in a cylindrical rotary waterwall furnace.
(24) "Mass burn waterwall incinerator" means
an incinerator that combusts waste in a conventional waterwall
furnace.
(25) "Maximum MSWI unit
load" means the maximum one (1) hour MSWI load achieved when compliance with
all applicable administrative regulations is demonstrated or during a
subsequent test demonstrating compliance at a higher unit load.
(26) "Medical waste" means:
(a) Cultures and stocks of infectious agents,
including specimen cultures collected from medical and pathological
laboratories, cultures and stocks of infectious agents from research and
industrial laboratories, wastes from the production of biologicals, discarded
live and attenuated vaccines, and culture dishes and devices used to transfer,
inoculate, and mix cultures;
(b)
Waste human blood and blood products such as serum, plasma, and other blood
components;
(c) Pathological
wastes, such as tissues, organs, body parts, and body fluids that are removed
during surgery and autopsy;
(d) All
discarded sharps, including but not limited to hypodermic needles, syringes,
Pasteur pipettes, broken glass, scalpels, scalpel blades, glass vials, etc.,
used in patient care, autopsy, embalming, or which have come into contact with
infectious agents during use in medical, research, or industrial
laboratories;
(e) Carcasses and
body parts of animals that were exposed to pathogens in research, in the
production of biologicals, or in the in vivo testing of pharmaceuticals;
and
(f) Other wastes as may be
designated by a permit issued by the Division for Air Quality.
(27) "Modular excess air
incinerator" means an incinerator that combusts waste and that is not
field-erected and has multiple combustion chambers, all of which are designed
to operate at conditions with combustion air amounts in excess of theoretical
air requirements.
(28) "Modular
starved air incinerator" means an incinerator that combusts waste and that is
not field-erected and has multiple combustion chambers in which the primary
combustion chamber is designed to operate at substoichiometric
conditions.
(29) "Multiple chamber
incinerator" means an incinerator consisting of at least two (2) refractory
lined combustion chambers (primary and secondary) in series, physically
separated by refractory walls, and interconnected by gas passage ports or
ducts.
(30) "Municipal solid waste"
or "MSW" means household solid waste and commercial solid waste. Medical waste
shall not be considered to be MSW, but may be regulated by other administrative
regulations of the Division for Air Quality, including but not limited to
401 KAR
59:023 or Title 401, Chapter 63.
(31) "Normal" means a volumetric measurement
at thirty-two (32) degrees Fahrenheit and one (1) atmosphere.
(32) "Particulate matter" means total
particulate matter emitted from MSWI units.
(33) "Particulate matter carry-over" means
particulate matter which is passed from the primary chamber of an incinerator
into the flue gas stream.
(34)
"Processed MSW or refuse-derived fuel" or "processed MSW or RDF" means MSW or
refuse-derived fuel that has been processed to separate materials for recovery
prior to combustion in a MSWI unit. MSW or RDF shall be considered to be
processed MSW or RDF if an overall forty (40) percent or greater reduction by
weight (annual average) of MSW is achieved through the separation of
recoverable materials. A maximum of fifteen (15) percent reduction (by weight)
of the overall MSW shall be attributed to separation of yard waste. The forty
(40) percent or greater overall reduction requirement may be achieved by
on-site mechanical separation, on-site manual separation, off-site mechanical
separation, off-site manual separation, or a curbside source reduction or
materials separation (recycling) program, or a combination thereof.
(35) "RDF spreader stoker" means a steam
generating unit that combusts RDF in a semisus-pension firing mode using
air-fed distributors.
(36)
"Recoverable materials" means paper, paperboard, ferrous metals, nonferrous
metals, glass, plastics, household batteries, and yard waste.
(37) "Refuse-derived fuel" or "RDF" means a
type of MSW produced by processing MSW through shredding and size
classification. This includes all classes of RDF including low density fluff
RDF through densified RDF fuel pellets.
(38) "Same location" means the same or
contiguous property that is under common ownership or control, including
properties that are separated only by a street, road, highway, or other public
right-of-way. Common ownership or control includes properties that are owned,
leased, or operated by the same entity, parent entity, subsidiary, subdivision,
or a combination thereof, including a municipality or other governmental unit,
or a quasi-governmental authority (e.g., a public utility district or waste
management district).
(39) "Shift
supervisor" means the person in direct charge and control of the operation of a
MSWI and who is responsible for on-site supervision, technical direction,
management, and overall performance of the facility during an assigned
shift.
(40) "Small MSWI plant"
means a MSWI plant with a MSWI plant capacity of greater than 500 pounds per
hour but less than or equal to 225 megagrams per day (250 tons per day) of
municipal solid waste.
(41) "Solid
waste" has the meaning given it in
KRS
224.01-010.
(42) "Solid waste burnout" means the percent
of matter completely burned in the primary chamber of a MSWI.
(43) "Standard" means a volumetric
measurement at sixty-eight (68) degrees Fahrenheit and one (1)
atmosphere.
(44) "MSWI acid gases"
means sulfur dioxide and hydrogen chloride gases emitted from MSWI
units.
(45) "MSWI metals" means
condensible metals emitted from MSWI units. For the purpose of this
administrative regulation, particulate matter shall serve as a surrogate for
the measurement and control of MSWI metals.
(46) "MSWI organics" means organic compounds
emitted from MSWI units and includes diox-ins or furans. For the purpose of
this administrative regulation, dioxin or furan shall serve as a surrogate for
the measurement and control of MSWI organics.
(47) "MSWI plant" means one (1) or more MSWI
units at the same location for which construction, modification, or
reconstruction is commenced on or after December 20, 1989.
(48) "MSWI plant capacity" means the
aggregate MSWI unit capacity of all MSWI units at a MSWI plant. MSWI units for
which construction, modification, or reconstruction is commenced before
December 20, 1989, shall not be included for determining applicability under
this administrative regulation.
(49) "MSWI unit capacity" means the maximum
designed charging rate of the waste for an individual MSWI.
(50) "MSWI unit load" means volume of steam
produced expressed in kilograms per hour (pounds per hour) of steam.
(51) "Uncontrolled hydrogen chloride emission
rate" means the hydrogen chloride emission rate that would occur from
combustion of MSW in the absence of hydrogen chloride emissions
control.
(52) "Uncontrolled sulfur
dioxide emission rate" means the sulfur dioxide emission rate that would occur
from combustion of MSW in the absence of sulfur dioxide emissions
control.
(53) "Unprocessed MSW or
RDF" means MSW or RDF that has not been processed to separate materials for
recovery prior to combustion or for which less than a forty (40) percent
reduction by weight (annual average) of MSW is achieved.
(54) "Vehicle battery" means a wet lead-acid
battery.
(55) "Waste management
district" has the meaning given it in
KRS
224.01-010.
(56) "Yard waste" means vegetative matter
removed as a result of outdoor maintenance practices from residential and
commercial yards, municipal parks, gardens, golf courses, and other similar
areas, and includes, but is not limited to, grass trimmings, tree branches,
straw, and leaves.
Section
2. Applicability.
(1) This
administrative regulation shall apply to each affected facility which means
each MSWI unit for which construction, modification, or reconstruction is
commenced on or after December 20, 1989. RDF cofired incinerators which combust
less than or equal to twenty (20) percent RDF shall be exempt from this
administrative regulation. Incinerators which combine and combust municipal
solid waste and medical waste shall be subject to
401 KAR
59:023.
(2) The physical or operational changes made
to an existing MSWI unit to comply with
401 KAR
61:011 shall not be considered a modification or
reconstruction and shall not subject the existing MSWI unit to this
administrative regulation.
(3)
Owners or operators of MSWI plants with a plant capacity of 500 pounds per hour
or less shall be exempt from Sections 3 to 11 of this administrative
regulation. However, these facilities shall comply with the following
requirements:
(a) Emissions discharged into
the atmosphere shall not exhibit greater than ten (10) percent opacity. Method
9, which has been filed by reference in
401 KAR
50:015, shall be used to determine compliance with the
opacity standard.
(b) Other
regulatory requirements including but not limited to
401 KAR
53:010 and Title 401, Chapter 63.
(4) Emission limitations or control
requirements imposed by any other administrative regulation of the Division for
Air Quality or the Division of Waste Management may impose more stringent
requirements than those imposed by this administrative regulation.
(5) Siting criteria. No owner or operator of
an affected facility subject to
401 KAR
47:030 shall construct or operate the affected
facility in a manner which will violate the requirements of that administrative
regulation.
Section 3.
Standards for MSWI Metals. On and after the date on which the initial
performance test is completed or is required to be completed by Section 10 of
this administrative regulation, no owner or operator of an affected facility
shall cause or allow to be discharged into the atmosphere from the affected
facility:
(1) Emissions that contain
particulate matter in excess of thirty-four (34) milligrams per dry standard
cubic meter (0.015 grains per dry standard cubic foot), corrected to seven (7)
percent oxygen (dry basis).
(2)
Emissions that exhibit greater than ten (10) percent
opacity.
Section 4.
Standards for MSWI Organics. On and after the date in which the initial
performance test is completed or is required to be completed by Section 10 of
this administrative regulation, no owner or operator of an affected facility:
(1) Located within a small MSWI plant shall
cause or allow to be discharged into the atmosphere from that affected facility
emissions that contain dioxin or furan emissions that exceed seventy-five (75)
nanograms per normal cubic meter (thirty (30) grains per billion standard cubic
feet), corrected to seven (7) percent oxygen (dry basis); or
(2) Located within a large MSWI plant shall
cause or allow to be discharged into the atmosphere from that affected facility
emissions that contain dioxin or furan emissions that exceed thirty (30)
nanograms per normal cubic meter (fourteen (14) grains per billion standard
cubic feet), corrected to seven (7) percent oxygen (dry
basis).
Section 5.
Standards for MSWI Acid Gases.
(1) Small MSWI
plant. On and after the date on which the initial performance test is completed
or is required to be completed by Section 10 of this administrative regulation,
no owner or operator of an affected facility located within a small MSWI plant
shall cause or allow to be discharged into the atmosphere from that affected
facility emissions that contain:
(a) Sulfur
dioxide in excess of fifty (50) percent of the uncontrolled sulfur dioxide
emission rate (fifty (50) percent reduction by weight) or thirty (30) parts per
million by volume, corrected to seven (7) percent oxygen (dry basis), whichever
is less stringent.
(b) Hydrogen
chloride in excess of twenty (20) percent of the uncontrolled hydrogen chloride
emission rate (eighty (80) percent reduction by weight) or twenty-five (25)
parts per million by volume, corrected to seven (7) percent oxygen (dry basis),
whichever is less stringent.
(2) Large MSWI plant. On and after the date
on which the initial performance test is completed or is required to be
completed by Section 10 of this administrative regulation, no owner or operator
of an affected facility located within a large MSWI plant shall cause or allow
to be discharged into the atmosphere from that affected facility emissions that
contain:
(a) Sulfur dioxide in excess of
fifteen (15) percent of the uncontrolled sulfur dioxide emission rate
(eighty-five (85) percent reduction by weight) or thirty (30) parts per million
by volume, corrected to seven (7) percent oxygen (dry basis), whichever is less
stringent.
(b) Hydrogen chloride in
excess of five (5) percent of the uncontrolled hydrogen chloride emission rate
(ninety-five (95) percent reduction by weight) or twenty-five (25) parts per
million by volume, corrected to seven (7) percent oxygen (dry basis), whichever
is less stringent.
Section
6. Standard for Nitrogen Oxides. On and after the date on which
the initial performance test is completed or is required to be completed by
Section 10 of this administrative regulation, no owner or operator of an
affected facility located within a large MSWI plant shall cause or allow to be
discharged into the atmosphere from that affected facility emissions that
contain nitrogen oxides in excess of 120 parts per million by volume, corrected
to seven (7) percent oxygen (dry basis).
Section
7. Standards for Carbon Monoxide. On and after the date on which
the initial performance test is completed or is required to be completed by
Section 10 of this administrative regulation, no owner or operator of an
affected facility shall cause or allow the facility to exceed the carbon
monoxide standard for the applicable MSWI technology in Appendix A of this
administrative regulation.
Section
8. Standards for MSWI Operating Practices.
(1) No owner or operator of an affected
facility that generates steam shall cause or allow the facility to operate at a
load level greater than 100 percent of the maximum MSWI unit load. An owner or
operator of an affected facility who wishes to operate at a load level greater
than the maximum MSWI unit load may do so by conducting all applicable
compliance tests to establish a higher maximum MSWI unit load.
(2) No owner or operator of an affected
facility shall burn MSW except in a multiple chamber incinerator with a solid
hearth, or in a device found to be equally effective for the purpose of air
contaminant control as determined by the cabinet.
(3) Temperature and residence time
requirements for affected facilities equipped with a secondary chamber while
combusting MSW:
(a) The incinerator secondary
chamber shall be maintained at a minimum temperature of 982 degrees Celsius
(1800 degrees Fahrenheit);
(b) The
minimum secondary chamber residence time shall be one and zero-tenths (1.0)
seconds; and
(c) The incinerator
shall have interlocks or other process control devices to prevent operation of
the incinerator until the conditions in paragraphs (a) and (b) of the
subsection and subsection (4) of this section are assured.
(4) No owner or operator of an affected
facility other than a facility using a wet scrubber as a particulate matter
control device shall allow the temperature of the flue gases entering the
particu-late matter control device inlet to exceed 149 degrees Celsius (300
degrees Fahrenheit) while combusting MSW.
(5) Except as provided under subsection (8)
of this section, on and after the date of initial startup, no owner or operator
of an affected facility shall cause or allow unprocessed MSW or RDF to be
combusted in the facility.
(6) No
owner or operator of an affected facility shall cause or allow yard waste or
vehicle batteries to be combusted in the facility.
(7) Prior to initial start-up, the owner or
operator of an affected facility shall establish a program which has been
approved by the cabinet to remove household batteries from MSW prior to
combustion. On and after the date of initial start-up, the owner or operator
shall comply with the approved plan for removing household batteries from
MSW.
(8) The owner or operator of
an affected facility may apply to the cabinet for a materials separation or
combustion permit for any combustible material designated for separation under
the materials separation plan under Section 11(3) of this administrative
regulation for which a market is unavailable for the separated material for 120
days. Approval by the cabinet shall not constitute or imply approval by the
U.S. EPA. A market shall be considered to be unavailable for these combustibles
if the cabinet determines that the cost of recycling these combustibles exceeds
the cost of landfilling them, and that the forty (40) percent reduction
requirement for processed MSW or RDF cannot be obtained through separation of
other recoverable materials. An owner or operator wishing to demonstrate that a
recycling market is unavailable for recoverable combustibles shall submit a
demonstration to the cabinet that includes a list of recycling facilities and
facility officials contacted, a written discussion of why he was not able to
obtain recycling for the combustible wastes, and a list of landfill facilities
and facility individuals contacted and a documented comparison of the costs of
recycling versus the costs of landfilling. The MSWI owner or operator shall
also provide to the cabinet the following certification: "I certify under
penalty of law that a recycling market is unavailable for the following
combustible recoverables as defined in 401 KAR 59:021, Section 1. I believe
that the information submitted is true, accurate, and complete. I am aware that
there are significant penalties for submitting false information, including the
possibility of fine or imprisonment."
(a) If a
materials separation or combustion permit has been issued, separated material
covered under the materials separation or combustion permit may be combusted in
the affected facility and may be credited toward the overall forty (40) percent
materials separation requirement for processed MSW or RDF.
(b) If a materials separation or combustion
permit is granted by the cabinet, it shall be valid for a maximum of one (1)
year. Reapplication may be made for subsequent materials separation or
combustion permits. A reapplication shall be made within ninety (90) days
before expiration of the permit and may be renewed for one (1) year.
(9) Owners or operators of
affected facilities shall cause ash from MSWI units to be tested to determine
the toxicity of the ash, using tests required in Title 401, Chapter 31. Ash
which is determined to be a hazardous waste shall be disposed of according to
the administrative regulations of the Division of Waste Management. Ash which
is determined to be not hazardous waste shall be disposed of in a contained
landfill.
(10) Owners or operators
of affected facilities that receive MSW from generators that are noncontiguous
to the incineration site shall comply with the operating requirements for
contained landfills in
401 KAR
48:090, Section 2.
(11) Owners or operators of affected
facilities shall comply with the design requirements for contained landfills in
401 KAR
48:070, Section 15.
Section 9. Operator Certification and
Training.
(1) Within twenty-four (24) months
from the date that ASME adopts a certification program for municipal solid
waste combustor (incinerator) unit operators, each facility operator and shift
supervisor of an affected facility shall obtain and keep current either a
provisional or operator certification from ASME.
(2) No owner or operator of an affected
facility shall cause or allow an affected facility to be operated unless an
ASME certified shift supervisor or ASME certified chief facility operator is on
duty at the affected facility at all times during periods of MSWI unit
operation. This requirement shall take effect twenty-four (24) months after the
date that ASME adopts a certification program for municipal solid waste
combustor (incinerator) unit operators.
(3) The owner or operator of an affected
facility shall develop and update on a yearly basis a site-specific operation
manual that shall at a minimum, address the following elements of MSWI unit
operation:
(a) Summary of the applicable
standards under this administrative regulation;
(b) Description of basic combustion theory
applicable to a MSWI unit;
(c)
Procedures for receiving, handling, and feeding MSW;
(d) MSWI unit start-up, shutdown, and
malfunction procedures;
(e)
Procedures for maintaining proper combustion air supply levels;
(f) Procedures for operating a MSWI unit
within the standards established under this administrative
regulation;
(g) Procedures for
responding to periodic upset or off-specification conditions;
(h) Procedures for minimizing particulate
matter carry-over;
(i) Procedures
for monitoring solid waste burnout;
(j) Procedures for handling ash;
(k) Procedures for monitoring MSWI unit
emissions; and
(l) Reporting and
recordkeeping procedures.
(4) The owner or operator of an affected
facility shall establish a program for reviewing the operating manual annually
with each person who has responsibilities affecting the operation of an
affected facility including, but not limited to, chief facility operators,
shift supervisors, control room operators, ash handlers, maintenance personnel,
and crane or load handlers.
(5) The
initial review of the operating manual, as specified under subsection (4) of
this section, shall be conducted prior to assumption of responsibilities
affecting MSWI unit operation by those persons required to undergo training
under subsection (4) of this section. Subsequent reviews of the manual shall be
carried out annually by each person required to undergo training.
(6) The operating manual shall be kept in a
readily accessible location for all persons required to undergo training under
subsection (4) of this section. The operating manual and records of training
shall be available for inspection by the cabinet upon request.
(7) The owner or operator of each affected
facility shall maintain documentation to support compliance with this section.
The documentation shall be made available to the cabinet upon request, and
shall include, at a minimum, a description of the instruction given, the date
of the instruction, the signature of the person receiving the instruction, and
copies of the certificates issued to the chief facility operator and shift
supervisor documenting compliance with subsection (1) of this
section.
Section 10.
Compliance and Performance Testing. Within sixty (60) days after achieving the
maximum production rate at which an affected facility will be operated, but not
later than 180 days after initial start-up of the facility and at other times
as may be required by the cabinet, the owner or operator of an affected
facility shall conduct performance tests according to
401 KAR 50:045
and this section and shall furnish the cabinet a written report of the results
of the performance tests. This section shall apply at all times, except for a
period of one (1) hour for the start-up or shutdown of the affected facility
and for a period not to exceed three (3) hours during the malfunction of an
affected facility. Except as provided in
401 KAR 50:045,
the following methods and procedures shall be used to determine compliance with
Sections 3 to 8 of this administrative regulation.
40 C.F.R.
60.13, Methods 1, 2, 3, 5, 6, 6A, 6C, 7, 7E,
9, 10, and 19, and Performance Specifications 1, 2, 3, and 4 are adopted
without change in Section 12 of this administrative regulation. Kentucky
Methods 23 and 26, Kentucky Specification 4A, and Kentucky Procedure 1 are
incorporated by reference in Section 12 of this administrative regulation. For
each performance test, an owner or operator may request that compliance be
determined using carbon dioxide measurements corrected to an equivalent of
seven (7) percent oxygen. The relationship between oxygen and carbon dioxide
levels for the affected facility shall be established during each initial
performance test.
(1) MSWI metals. The
following procedures and test methods shall be used to determine compliance
with the standards for MSWI metals in Section 3 of this administrative
regulation.
(a) Method 1 shall be used to
select sampling sites and the number of traverse points. Method 2 shall be used
to determine the stack gas velocity and volumetric flow rates.
(b) Method 3 shall be used for gas
analysis.
(c) Method 5 shall be
used for determining compliance with the particulate matter emission standard.
The minimum sample volume shall be one and seven-tenths (1.7) cubic meters
(sixty (60) cubic feet). The temperature of the sample gas in the probe and
filter holder shall be 120 ± (plus or minus) 14°C (248 ±
(plus or minus) 25°F). An oxygen or carbon dioxide measurement shall be
obtained simultaneously with each Method 5 run.
(d) Both Method 9 and CEMS shall be used for
determining compliance with the opacity standard. However, Method 9 results
shall take precedence over CEMS data if concurrent readings occur.
(e) The owner or operator of an affected
facility with a MSWI unit capacity greater than 500 lb per hr except for MSWI
units equipped with a wet scrubber shall install, calibrate, maintain, and
operate a CEMS for measuring opacity and shall record the output of the
system.
(f) Following the date the
initial performance test for the mass emission standard for particulate matter
is completed or is required to be completed by this section, the owner or
operator of an affected facility shall conduct a performance test for the mass
emission standard for particulate matter on an annual basis (no more than
twelve (12) calendar month following the previous compliance test). For an
affected facility located within a small MSWI plant, if all three (3)
performance tests for a three (3) year period indicate compliance with the
particulate matter standard, the owner or operator may forego a performance
test for the subsequent two (2) years. At a minimum, a performance test for
particulate matter for an affected facility located within a small MSWI plant
shall be conducted every third year (no more than thirty-six (36) month
following the previous compliance test). If a performance test conducted every
third year within a small MSWI plant indicates compliance with the mass
emission particulate matter standard, the owner or operator may forego a
performance test for an additional two (2) years.
(g) Following the date the initial
performance test is completed or is required to be completed in this section,
compliance with the opacity standard shall be determined by a six (6) minute
average of the opacity readings obtained from the CEMS.
(2) MSWI organics. The following procedures
and test methods shall be used to determine compliance with the standards for
MSWI organics under Section 4 of this administrative regulation.
(a) Kentucky Method 23 shall be used for
determining compliance with dioxin or furan emission standards. The sampling
time shall be four (4) hours and the minimum sampling volume shall be four and
zero-tenths (4.0) cubic meters (140 cubic feet).
(b) Following the date of the initial
performance test or the date on which the initial performance test is required
to be completed by this section, the owner or operator of an affected facility
shall conduct a performance test for dioxin or furan emissions on an annual
basis (no more than twelve (12) calendar months following the previous
performance test). For an affected facility located within a small MSWI plant,
if all three (3) performance tests in a three (3) year period indicate
compliance with the dioxin or furan emissions standard, the owner or operator
may forego a performance test for the subsequent two (2) years. At a minimum, a
performance test for dioxin or furan emissions at affected facilities located
within a small MSWI plant shall be conducted every third year (no more than
thirty-six (36) months following the previous performance test). If a
performance test conducted every third year within a small MSWI plant indicates
compliance with the dioxin or furan emissions standard, the owner or operator
may forego conducting a performance test for an additional two (2)
years.
(3) Sulfur
dioxide. The following procedures and test methods shall be used for
determining compliance with the sulfur dioxide standards under Section 5 of
this administrative regulation.
(a) The
percentage reduction in the uncontrolled sulfur dioxide emissions (%Pso2) shall
be computed using the formula in Appendix B of this administrative
regulation.
(b) Methods 6, 6A, or
6C, and 19 shall be used for determining the sulfur dioxide emission
rate.
(c) The sulfur dioxide
performance test shall be conducted over twenty-four (24) consecutive unit
operating hours at maximum MSWI unit load. Compliance with the sulfur dioxide
standard shall be determined using a daily average.
(d) The owner or operator of an affected
facility with a MSWI unit capacity greater than 500 pound per hour shall
install, calibrate, maintain, and operate a CEMS for measuring sulfur dioxide
emissions discharged to the atmosphere and shall record the input and output of
the system.
(e) Following the date
of the initial performance test or the date on which the initial performance
test is required to be completed by this section compliance with the sulfur
dioxide standard shall be determined based on the arithmetic average of the
hourly emission rates during each daily period measured between 12 midnight and
the following midnight using CEMS inlet and outlet data, if compliance is based
on a percentage reduction; or outlet data only if compliance is based on an
emission limit.
(f) The one (1)
hour averages required under paragraph (e) of this subsection shall be
expressed in nanograms per hour (pounds per hour) and shall be used to
calculate the daily average emission rates. The one (1) hour averages shall be
calculated using the data points required under
40 C.F.R.
60.13(h).
(g) For affected facilities which shall
install CEMS, the span value of the CEMS at the inlet to the sulfur dioxide
control device shall be 125 percent of the maximum estimated hourly
uncontrolled sulfur dioxide emissions of the MSWI unit, and the span value of
the CEMS at the outlet to the sulfur dioxide control device shall be fifty (50)
percent of the maximum estimated hourly uncontrolled sulfur dioxide emissions
of the MSWI unit.
(4)
Hydrogen chloride. The following procedures and test methods shall be used for
determining compliance with the hydrogen chloride standards under Section 5 of
this administrative regulation.
(a) The
percentage reduction in the uncontrolled hydrogen chloride emissions (%Phc1)
shall be computed using the formula in Appendix C of this administrative
regulation.
(b) Kentucky Method 26
shall be used for determining the hydrogen chloride emission rate.
(c) Following the date of the initial
performance test or the date on which the initial performance test is required
by this section, the owner or operator of an affected facility shall conduct a
performance test for hydrogen chloride on an annual basis (no more than twelve
(12) calendar months following the previous compliance test). For an affected
facility located within a small MSWI plant, if all three (3) performance tests
in a three (3) year period indicate compliance with the hydrogen chloride
standard, the owner or operator may forego a performance test for the
subsequent two (2) years. At a minimum a performance test for hydrogen chloride
for an affected facility within a small MSWI plant shall be conducted every
third year (no more than thirty-six (36) months following the previous
compliance test). If a performance test conducted every third year at a small
MSWI plant indicates compliance with the hydrogen chloride standard, the owner
or operator may forego conducting a performance test for an additional two (2)
years.
(5) Nitrogen
oxides. The following procedures and test methods shall be used to determine
compliance with the nitrogen oxides standard under Section 6 of this
administrative regulation.
(a) Methods 7 or
7E, and 19 shall be used for determining the nitrogen oxides emission
rate.
(b) The initial performance
test for nitrogen oxides required by this section for a large MSWI facility
shall be conducted over twenty-four (24) consecutive hours of unit operation to
determine compliance with the nitrogen oxides standard. CEMS data shall be used
if required by paragraph (c) of this subsection. Compliance with the nitrogen
oxides standard shall be determined using a daily average.
(c) The owner or operator of an affected
facility with a MSWI unit capacity greater than 500 pound per hour which is
subject to the nitrogen oxides emissions standard of Section 6 of this
administrative regulation shall install, calibrate, maintain, and operate a
CEMS for measuring nitrogen oxides discharged to the atmosphere and shall
record the output of the system.
(d) Following the initial performance test or
the date on which the initial performance test is required to be completed by
this section, compliance with the emission limits for nitrogen oxides required
under Section 6 of this administrative regulation shall be determined based on
the arithmetic average of the hourly emission rates during each twenty-four
(24) hour daily period measured between 12 midnight and the following midnight
using CEMS data.
(e) The one (1)
hour averages required by paragraph (d) of this subsection shall be expressed
in parts per million volume (dry basis) and shall be used to calculate the
daily average emission rates under Section 6 of this administrative regulation.
The one (1) hour averages shall be calculated using the data points required
under
40 C.F.R.
60.13(h).
(6) Carbon monoxide. The following procedures
shall be used for determining compliance with the carbon monoxide standards
under Section 7 of this administrative regulation.
(a) Compliance with the carbon monoxide
emission limits in Appendix A of this administrative regulation shall be
determined using Method 10.
(b) The
owner or operator of an affected facility with a MSWI unit capacity greater
than 500 pound per hour shall install, calibrate, maintain, and operate a CEMS
for measuring carbon monoxide at the incinerator outlet and shall record the
output of the system.
(c) Following
the initial performance test or the date on which the initial performance test
is required to be completed by this section, compliance with the carbon
monoxide emission limits shall be determined based on the arithmetic average of
the four (4) hour emission rates measured using CEMS data.
(7) The following procedures shall be used
for determining compliance with the operating practices under Section 8 of this
administrative regulation.
(a) The owner or
operator of an affected facility that generates steam with a MSWI unit capacity
greater than 500 pound per hour shall install, calibrate, maintain, and operate
a steam flow meter, shall measure steam flow in kilograms per hour (pounds per
hour) steam on a continuous basis, and shall record the output of the monitor.
Steam flow shall be calculated in one (1) hour block averages.
(b) The owner or operator of an affected
facility with a MSWI unit capacity greater than 500 pound per hour shall
install, calibrate, maintain, and operate a continuous monitoring system for
measuring both secondary chamber temperature and the temperature of the flue
gas stream at the inlet to the particulate matter air pollution control device
and shall record the output of the device. Temperature shall be calculated in
four (4) hour block averages.
(c)
Percent reduction requirements. The following procedures shall be used to
determine compliance with Section 8(5) to (7) of this administrative
regulation.
1. Except as provided in
subparagraph 4 of this paragraph, the initial demonstration of compliance with
the percent reduction requirement for processed MSW or RDF and Section 8(5),
(6), and (7) of this administrative regulation shall be required at the end of
the second full calendar year (January through December) after the date of
initial start-up of an affected facility. The annual average percent MSW
reduction calculated and reported at the end of the first full calendar year
after initial start-up shall not be used to determine compliance.
2. Compliance with the percent reduction
requirement for processed MSW or RDF shall be determined by calculating the
percentage difference between the weight of MSW received at the affected
facility and the weight of MSW combusted in the MSWI unit or the weight of
separated recoverable materials. Except as provided in subparagraph 4 of this
paragraph, beginning the month after the date of the initial start-up for new
MSWIs, the percent reduction in MSW shall be calculated on a monthly basis
using the monthly total weights recorded in compliance with Section 11(1)(h)
and (i) of this administrative regulation. At the end of each full calendar
year (January through December) the annual average percent MSW reduction (by
weight) shall be calculated by using the annual total weights. In calculating
the percent MSW reduction, a maximum of fifteen (15) percent weight reduction
shall be attributed to separation of yard waste. If the annual average
percentage reduction requirement for processed MSW or RDF is not achieved, the
MSW or RDF shall not be considered to be processed MSW or RDF.
3. An owner or operator may elect to achieve,
either wholly or partially, the percent reduction requirement for processed MSW
or RDF, the prohibition of yard waste or vehicle batteries in Section 8(6) of
this administrative regulation, or the removal of household batteries in
Section 8(7) of this administrative regulation, through an off-site source
reduction or materials separation (recycling) program. The owner or operator
shall submit a separation plan which contains sufficient information to measure
the performance of the off-site separation program on an annual basis beginning
the first full calendar year (January through December) for the initial
start-up of the affected facility, except as provided in subparagraph 4 of this
paragraph. The off-site separation plan shall be submitted along with the
initial compliance demonstration results.
4. The owner or operator of an affected
facility shall be responsible for operating the affected facility in compliance
with all standards including the prohibition on combustion of unprocessed MSW,
yard waste, and vehicle batteries under Section 8(5) and (6) of this
administrative regulation and the implementation of a program for removal of
household batteries under Section 8(7) of this administrative regulation. If
another party provides processed MSW, or removes yard waste or vehicle or
household batteries, the provider of the service may become a co-operator of
the affected facility. If the party providing the off-site processing of MSW,
removal of yard waste or vehicle batteries, or removal of household batteries
elects to become a co-operator for purposes of demonstrating compliance with
Section 8(5), (6), or (7) of this administrative regulation, the owner or
operator of the affected facility shall submit at the time of submittal of the
initial compliance demonstration related to the requirements of Section 8(5),
(6), or (7) of this administrative regulation:
a. A copy of a validly executed contract
between the owner and operator of the affected facility and the party providing
the processing of MSW, removal of vehicle batteries, removal of yard waste, or
removal of household batteries which contains the following provisions:
(i) An undertaking any the party that is
co-operator or sole operator of the affected facility regarding compliance with
the requirements of Section 8(5), (6), or (7) of this administrative
regulation; and
(ii) An undertaking
by the party to meet the requirements of Section 8(5), (6), or (7) of this
administrative regulation and a description of the specific actions that will
be implemented to comply with these requirements; and
b. A certified statement signed by an
authorized official representing the party that they agree to become a
cooperator, or sole operator, for the purpose of demonstrating compliance with
Section 9(5), (6), or (7) of this administrative regulation and recognizing
that enforcement action, including penalties, may be taken against the party
for failure to demonstrate compliance with these requirements.
(8) Additional
CEMS and continuous monitoring system requirements.
(a) CEMS and continuous monitoring data, if
required, shall be used to determine compliance with emission standards and
operating practice standards.
(b)
At a minimum, CEMS or continuous monitoring system data, if required, shall be
obtained for ninety (90) percent of the hours per day for ninety (90) percent
of the days per month that the unit is operated and combusting MSW.
(c) All valid CEMS or continuous monitoring
system data, if required, shall be used in calculating emission rates and
percent reductions even if the minimum CEMS or continuous monitoring system
data requirements of paragraph (b) of this subsection are not met.
(d) If emissions data from CEMS or continuous
monitoring systems are not obtained because of CEMS or monitoring system
breakdown, repairs, calibration checks, and zero and span adjustments,
emissions data shall be obtained by using other monitoring systems as approved
by the cabinet or Methods 6, 6A, 6C, 7, 7E, 10, and 19, as appropriate, to
provide necessary emission data for a minimum of ninety (90) percent of the
hours per day for ninety (90) percent of the days per month the unit is
operated and combusting MSW.
(e)
The procedures in
40 C.F.R.
60.13 shall be followed for installation,
evaluation, and operation of the CEMS.
(f) The CEMS shall conform to the applicable
performance specifications in 40 C.F.R. Part 60 , Appendix B or Kentucky
Specification 4A.
(g) The
requirements of Kentucky Procedure 1 shall be met in the operation of the
CEMS.
Section
11. Reporting and Recordkeeping Requirements.
(1) The owner or operator of an affected
facility subject to Sections 3 to 10 of this administrative regulation shall
maintain records of the following information for each affected facility:
(a) Calendar date that data from performance
tests, CEMS, or continuous monitoring systems were obtained.
(b) Emission rates and parameters measured
using the units and time bases required for demonstrating compliance.
(c) Identification of the operating periods
that the calculated sulfur dioxide, nitrogen oxides, or carbon monoxide
emission rates, the opacity, or the operating parameters exceeded the
applicable standards, with reasons for the exceedances and a description of
corrective actions taken.
(d)
Identification of operating periods for which sulfur dioxide, nitrogen oxides,
or carbon monoxide emissions, opacity, or operational data have not been
obtained, including reasons for not obtaining sufficient data and a description
of corrective actions taken.
(e)
Identification of the times that sulfur dioxide, nitrogen oxides, or carbon
monoxide emission, opacity, or operational data have been excluded from the
calculation of average emission rates or parameters and the reasons for
excluding the data.
(f) The results
of daily sulfur dioxide, nitrogen oxides, and carbon monoxide CEMS drift tests
and accuracy assessments as required under Kentucky Procedure 1.
(g) The results of all annual performance
tests conducted to determine compliance with the mass particulate matter,
dioxin or furan, and hydrogen chloride standards.
(h) Beginning the month after the date of the
initial start-up, the amount (by weight) of MSW or RDF received on a monthly
basis at the affected facility, the amount (by weight) of MSW or RDF combusted
on a monthly basis, and the amount of recoverable materials (by type and
weight) separated on a monthly basis. Separated paper and paperboard shall be
stored in a covered area and shall be protected from rain and moisture, so that
the moisture content of the paper and pa-perboard when weighed is similar to
their moisture content when received in the MSW or RDF.
(i) Beginning the month after the date of the
initial start-up, the estimated amount (by type and weight) of recoverable
materials reduced or separated for recovery on a monthly basis through an
off-site or community source reduction or materials separation (recycling)
program.
(j) Beginning at the end
of the first full calendar year after the date of initial start-up, the
calculations of the annual average percentage reduction in MSW achieved for the
previous calendar year.
(k)
Beginning the month after the date of the initial start-up and for each month
thereafter, the amount (by weight) of vehicle batteries separated for
recovery.
(2) After
completion in accordance with applicable administrative regulations, the owner
or operator of an affected facility shall submit to the cabinet the initial
performance test data, the performance evaluation of the CEMS using the
applicable performance specifications in 40 C.F.R. Part 60, Appendix B or
Kentucky Specification 4A, and the maximum MSWI unit load within sixty (60)
days upon completion.
(3) A plan
describing the procedures for separating materials for recovery to achieve the
forty (40) percent or greater MSW reduction requirement for processed MSW or
RDF, a plan describing the procedures for ensuring that vehicle batteries are
not combusted in the affected facility, and a description of the program for
removal of household batteries shall be provided at the time of submittal of
the initial demonstration of compliance with the requirements of Section 8(5),
(6), and (7) of this administrative regulation. The information shall be
provided by the 30th day following the end of the second full calendar year
after initial start-up.
(4) The
owner or operator of an affected facility shall submit quarterly reports to the
cabinet containing the information recorded under subsection (1) of this
section and
401 KAR
59:005, Section 3(3) for all records required by this
administrative regulation which are applicable to the facility. Both a printed
report and computer tape or discs shall be furnished in the format specified by
the cabinet. All reports shall be postmarked by the 30th day following the end
of each calendar quarter.
(5)
Records of CEMS, steam flow, and temperature data shall be maintained for at
least two (2) years after date of recording and shall be made available for
inspection upon request.
(6)
Records showing the names of persons who have completed review of the operating
manual, including the date of the initial review and all subsequent annual
reviews, and the documentation required by Section 9(7) of this administrative
regulation shall be maintained for at least two (2) years after date of manual
review and shall be made available to the cabinet for inspection upon
request.
(7) A description of the
procedures employed for ensuring that unprocessed MSW or RDF is not combusted
in an affected facility shall be maintained, along with associated records to
demonstrate use of the procedures, and shall be made available for inspection
upon request.
(8) Documentation
demonstrating that the ash disposal from an affected facility complies with
Section 8(9) of this administrative regulation and
401 KAR
47:080 shall be submitted to the Division of Waste
Management in the frequency required by the Division of Waste
Management.
Section 12.
Reference Material.
(1) The subject matter of
this administrative regulation relating to reference methods, CEMS, and testing
shall be governed by
40 C.F.R.
60.13 (1990), 40 C.F.R. 60, Appendix A,
Methods 1, 2, 3, 5, 6, 6A, 6C, 7, 7E, 9, 10, and 19 (1990), and 40 C.F.R. 60,
Appendix B, Performance Specifications 1, 2, 3, and 4 (1990).
(2) Incorporation by reference. The following
documents from the Kentucky Division for Air Quality are hereby incorporated by
reference.
(a) Kentucky Method 23, effective
December 1990;
(b) Kentucky Method
26, effective July 1990;
(c)
Kentucky Specification 4A, effective July 1990; and
(d) Kentucky Procedure 1, effective July
1990.
(3) The documents
incorporated by reference in subsection (2) of this section are available for
public inspection and copying at the following main regional offices of the
Kentucky Division for Air Quality during the normal working hours of 8 a.m. to
4:30 p.m., local time.
(a) Kentucky Division
for Air Quality, 300 Sower Boulevard, Frankfort, Kentucky 40601, (502)
564-3999;
(b) Ashland Regional
Office, 1550 Wolohan Drive, Suite 1, Ashland, Kentucky 41102-8942, (606)
929-5285;
(c) Bowling Green
Regional Office, 1508 Westen Avenue, Bowling Green, Kentucky 42104, (270)
746-7475;
(d) Florence Regional
Office, 8020 Veterans Memorial Drive, Suite 110, Florence, Kentucky 41042,
(859) 525-4923;
(e) Hazard Regional
Office, 233 Birch Street, Suite 2, Hazard, Kentucky 41701, (606)
435-6022;
(f) London Regional
Office, 875 South Main Street, London, Kentucky 40741, (606)
330-2080;
(g) Owensboro Regional
Office, 3032 Alvey Park Drive West, Owensboro, Kentucky 42303, (270) 687-7304;
and
(h) Paducah Regional Office,
130 Eagle Nest Drive, Paducah, Kentucky 42003-9435 (270)
8988468.
Section
13. Appendix A. Carbon Monoxide Standards for Municipal Solid
Waste Incinerators.
CARBON MONOXIDE STANDARDS FOR MUNICIPAL SOLID WASTE
INCINERATORS
|
Municipal Solid Waste Incinerator
|
Carbon Monoxide Emission Limit (ppmv)*
|
Mass burn waterwall
|
100
|
Mass burn refractory
|
100
|
Mass burn rotary water-wall
|
150
|
Modular starved air
|
50
|
Modular excess air
|
50
|
Refuse-derived fuel spreader stoker
|
150
|
Bubbling fluidized bed incinerator
|
100
|
Circulating fluidized bed incinerator
|
100
|
RDF co-fired incinerator
|
150
|
Other technologies
|
150
|
*Measured at the incinerator outlet in conjunction
with a measurement of oxygen concentration, corrected to seven (7) percent
oxygen (dry basis) using a four (4) hour block average.
|
Section
14. Appendix B. Formula for Percentage Reduction in Uncontrolled
Sulfur Dioxide Emissions.
FORMULA FOR PERCENTAGE REDUCTION IN UNCONTROLLED SULFUR DIOXIDE
EMISSIONS
Click here
to view image
where:
%Pso2 is the percentage reduction in
uncontrolled sulfur dioxide emissions.
Ei is the daily uncontrolled sulfur
dioxide emission rate.
Eo is the daily sulfur dioxide emission
rate measured at the outlet of the acid gas control device.
Section 15. Appendix C. Formula for
Percentage Reduction in Uncontrolled Hydrogen Chloride Emissions.
FORMULA FOR PERCENTAGE REDUCTION IN UNCONTROLLED HYDROGEN
CHLORIDE EMISSIONS
Click here
to view image
where:
%PHC1 is the percentage reduction in
uncontrolled hydrogen chloride emissions.
Ei is the daily uncontrolled hydrogen
chloride emission rate.
Eo is the daily hydrogen chloride
emission rate measured at the outlet of the acid gas control
device.
STATUTORY AUTHORITY:
KRS
224.10-100,
40 C.F.R.
60.13 (1990), 40 C.F.R. 60, Appendix A,
Methods 1, 2, 3, 5, 6, 6A, 6C, 7, 7E, 9, 10, and 19 (1990), 40 C.F.R. 60,
Appendix B, Performance Specifications 1, 2, 3, and 4
(1990)