Current through Register Vol. 50, No. 9, March 1, 2024
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 existing 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 in
401 KAR
50:010.
(1) "Affected
facility" means each municipal solid waste incinerator unit for which
construction, modification, or reconstruction is commenced before 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)
"Afterburner" means an auxiliary burner for destroying unburned or partially
burned combustion gases after they have passed from the combustion
chamber.
(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) "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.
(7) "Refuse-derived fuel co-fired
incinerator" or "RDF co-fired incinerator" means an incinerator that is
designed to fire refuse-derived fuel simultaneously with other fuels.
(8) "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.
(9) "Dioxin or furan" means total
tetra-through octa-chlorinated dibenzo-p-dioxins and tetra-through
octa-chlorinated dibenzofurans.
(10) "Field-erected" means assembled from
components at a final site of operation.
(11) "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.
(12) "Hazardous waste" has the meaning given
it in
KRS
224.01-010.
(13) "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.
(14) "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.
(15) "Large
MSWI plant" means a MSWI plant with a MSWI plant capacity greater than 225
megagrams per day (250 tons per day) but less than or equal to 2,000 megagrams
per day (2,200 tons per day) of municipal solid waste.
(16) "Mass burn refractory incinerator" means
an incinerator that combusts waste in a refractory furnace.
(17) "Mass burn rotary waterwall incinerator"
means an incinerator that combusts waste in a cylindrical rotary waterwall
furnace.
(18) "Mass burn waterwall
incinerator" means an incinerator that combusts waste in a conventional
waterwall furnace.
(19) "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, embalming, autopsy, 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.
(20) "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.
(21) "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.
(22) "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, interconnected by gas passage ports or
ducts.
(23) "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
61:013, or Title 401, Chapter 63.
(24) "Particulate matter" means total
particulate matter emitted from MSWI units.
(25) "Refuse-derived fuel" or "RDF" means a
type of MSW produced by processing MSW through shredding and size
classification. This shall include all classes of RDF including low density
fluff RDF through densified RDF fuel pellets.
(26) "RDF spreader stoker" means a steam
generating unit that combusts RDF in a semisus-pension firing mode using
air-fed distributors.
(27)
"Regional MSWI plant" means a MSWI plant with a MSWI plant capacity greater
than 2,000 megagrams per day (2,200 tons per day) of MSW.
(28) "Small MSWI plant" means a MSWI plant
with a MSWI plant capacity of greater than 500 lb per hr but less than or equal
to 225 megagrams per day (250 tons per day) of MSW.
(29) "Solid waste" has the meaning given it
in
KRS
224.01-010.
(30) "MSWI acid gases" means sulfur dioxide
and hydrogen chloride gases emitted from MSWI units.
(31) "MSWI metals" means condensible metals
emitted from MSWI units. For the purpose of this administrative regulation,
particular matter shall serve as a surrogate for the measurement and control of
MSWI metals.
(32) "MSWI organics"
means organic compounds emitted from MSWI units and includes dioxins 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.
(33) "MSWI plant" means one (1) or more MSWI
units at the same location for which construction, modification, or
reconstruction is commenced before December 20, 1989.
(34) "MSWI plant capacity" means the
aggregate MSWI unit capacity of all MSWI units at a MSWI plant for which
construction, modification, or reconstruction is commenced before December 20,
1989.
(35) "MSWI unit capacity"
means the maximum designed charging rate of the waste for an individual MSWI
unit.
(36) "Uncontrolled hydrogen
chloride emission rate" means the hydrogen chloride emission rate that would
occur from combustion of solid waste in the absence of hydrogen chloride
emissions control.
(37)
"Uncontrolled sulfur dioxide emission rate" means the sulfur dioxide emission
rate that would occur from combustion of solid waste in the absence of sulfur
dioxide emissions control.
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 before December 20, 1989. RDF co-fired incinerators which combust
less than or equal to twenty (20) percent RDF shall be exempt from this
administrative regulation. Incinerators which combine and combust MSW and
medical waste shall be regulated by
401 KAR
61:013.
(2) Physical or operational changes made to
an existing MSWI unit to comply with this administrative regulation shall not
be considered a modification or reconstruction and shall not subject an
existing MSWI unit to
401 KAR
59:021.
(3) Owners or operators of MSWI plants with a
plant capacity of 500 lb per hr or less shall be exempt from Sections 3 to 9 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.
Emission Standards.
(1) Standards for MSWI
metals.
(a) On or after the date upon which
the initial performance test is completed or is required to be completed by
Section 6 of this administrative regulation, no owner or operator of an
affected facility located within either a small or large MSWI plant shall cause
or allow to be discharged into the atmosphere from that affected facility
emissions that contain particulate matter in excess of sixty-nine (69)
milligrams per dry standard cubic meter (0.030 grains per dry standard cubic
foot), corrected to seven (7) percent oxygen (dry basis).
(b) On or after the date upon which the
initial performance test is completed or is required to be completed by Section
6 of this administrative regulation, no owner or operator of an affected
facility located within a regional MSWI plant shall cause or allow to be
discharged into the atmosphere from that affected facility 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).
(c) On or after the date upon which the
initial performance test is completed or is required to be completed by Section
6 of this administrative regulation, no owner or operator of an affected
facility shall cause or allow to be discharged into the atmosphere from that
affected facility emissions which exhibit greater than ten (10) percent opacity
(six (6) minute average).
(2) Standards for MSWI organics.
(a) On or after the date upon which the
initial performance test is completed or is required to be completed by Section
6 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 dioxin or furan emissions in excess of seventy-five (75) nanograms per
normal cubic meter (thirty (30) grains per billion standard cubic feet),
corrected to seven (7) percent oxygen (dry basis).
(b) On or after the date upon which the
initial performance test is completed or is required to be completed by Section
6 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 dioxin or furan emissions in excess of seventy-five (75) nanograms per
normal cubic meter (thirty (30) grains per billion standard cubic feet),
corrected to seven (7) percent oxygen (dry basis).
(c) On or after the date upon which the
initial performance test is completed or is required to be completed by Section
6 of this administrative regulation, no owner or operator of an affected
facility located within a regional MSWI plant shall cause or allow to be
discharged into the atmosphere from that affected facility emissions that
contain dioxin or furan emissions in excess of thirty (30) nanograms per normal
cubic meter (fourteen (14) grains per billion standard cubic feet), corrected
to seven (7) percent oxygen (dry basis).
(3) Standards for MSWI acid gases.
(a) On or after the date upon which the
initial performance test is completed or is required to be completed by Section
6 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 which
contain 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) On or after the date upon which the
initial performance test is completed or is required to be completed by Section
6 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 which
contain hydrogen chloride in excess of fifty (50) percent of the uncontrolled
hydrogen chloride emission rate (fifty (50) 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.
(c) On or after the date upon which the
initial performance test is completed or is required to be completed by Section
6 of this administrative regulation, no owner or operator of an affected
facility located within a regional MSWI plant shall cause or allow to be
discharged into the atmosphere from that affected facility emissions which
contain 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.
(d) On or after the date upon which the
initial performance test is completed or is required to be completed by Section
6 of this administrative regulation, no owner or operator of an affected
facility located within a regional MSWI plant shall cause or allow to be
discharged into the atmosphere from that affected facility emissions which
contain 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.
(4) Standards for carbon monoxide. On or
after the date upon which the initial performance test is completed or is
required to be completed by Section 6 of this administrative regulation, no
owner or operator of an affected facility shall cause or allow to be discharged
into the atmosphere from that affected facility emissions which contain carbon
monoxide in excess of the standards in Appendix A to this administrative
regulation, for the indicated incinerator technology.
Section 8. Compliance
Timetable.
(1) Except as provided in
subsection (2) of this section, planning, awarding of contracts, and
installation of equipment capable of attaining the level of the emission
standards established in this administrative regulation shall be completed
within three (3) years after November 15, 1990. Final compliance with this
administrative regulation, except as provided in subsection (2) of this section
shall be demonstrated no later than four (4) years after November 15,
1990.
(2) Planning, awarding of
contracts, and installation of equipment and procedures capable of attaining
the level materials separation specified in
401 KAR
59:021, Section 8 shall be completed by December 31,
1992. The initial demonstration of compliance with the materials separation
provisions specified in
401 KAR
59:021, Section 10 shall be completed by December 31,
1994.