Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Applicability.
Except as provided in items A to K, the owners or operators
of a commercial or industrial solid waste incineration unit as defined in Code
of Federal Regulations, title 40, section 60.2875, that commenced construction
on or before June 4, 2010, or modification or reconstruction on or before
August 7, 2013, must comply with this part and part
7011.1365. The following units are
not commercial and industrial solid waste incineration units:
A. pathological waste units, provided that
the owner or operator complies with the notification and record keeping
requirements of Code of Federal Regulations, title 40, section
60.2555;
B. units subject to Code
of Federal Regulations, title 40, part 60, subparts Ea, Eb, Cb, AAAA, and BBBB,
standards of performance for existing or new municipal waste combustors or a
federal plan for municipal waste incinerators;
C. units subject to Code of Federal
Regulations, title 40, part 60, subpart Ec or Ce, standards of performance for
existing or new medical waste incinerators or a federal plan for medical waste
incinerators;
D. small power
production units, if:
(1) the unit is a
qualifying small power production facility under section 3(17)(C) of the
Federal Power Act, United States Code, title 16, section 796(17)(C);
(2) the unit burns homogeneous wastes, not
including refuse-derived fuel, to produce electricity; and
(3) the administrator approves a
determination that the qualifying small power production facility is combusting
homogeneous wastes, as defined in Code of Federal Regulations, title 40,
section 60.2875. The owner or operator must maintain the records required under
Code of Federal Regulations, title 40, section 60.2740(v). The request for a
determination must include sufficient information to document that the unit
meets the criteria of a qualifying small power production facility and that the
waste material the unit is proposing to burn is homogeneous;
E. cogeneration facility units,
if:
(1) the unit is a qualifying cogeneration
facility under section 3(18)(B) of the Federal Power Act, United States Code,
title 16, section 796(18)(B);
(2)
the unit burns homogeneous waste, not including refuse-derived fuel, to produce
electricity and steam or other forms of energy used for industrial solid waste,
commercial, heating, or cooling purposes; and
(3) the administrator approves a
determination that the qualifying cogeneration facility is combusting
homogeneous waste, as defined in Code of Federal Regulations, title 40, section
60.2875. The owner or operator must maintain the records required under Code of
Federal Regulations, title 40, section 60.2740(v). The request for a
determination must include sufficient information to document that the unit
meets the criteria of a qualifying cogeneration facility and that the waste
material the unit is proposing to burn is homogeneous;
F. hazardous waste incineration units that
are required to obtain a permit under section 3005 of the Solid Waste Disposal
Act, United States Code, title 42, section 6925;
G. material recovery units that combust waste
for the primary purpose of recovering metals, such as primary and secondary
smelters; and
H. air curtain
incinerators, as defined under Code of Federal Regulations, title 40, section
60.2875, provided that the incinerators meet the requirements of Code of
Federal Regulations, title 40, sections 60.2810 to 60.2870, and burn only 100
percent wood waste, 100 percent clean lumber, or 100 percent mixture of clean
lumber, wood waste, or yard waste;
I. sewage treatment plants with incinerators
subject to Code of Federal Regulations, title 40, part 61, subpart O;
J. sewage sludge incinerators subject to Code
of Federal Regulations, title 40, part 60, subpart LLLL or MMMM; and
K. other solid waste incinerators subject to
Code of Federal Regulations, title 40, part 60, subpart EEEE or FFFF.
Subp. 2.
Compliance
deadline.
The owners or operators of a commercial or industrial solid
waste incinerator shall demonstrate compliance with part
7011.1365 no later than March 16,
2016, or three years after the United States Environmental Protection Agency
approves a 111(d) plan incorporating this part, whichever is earlier.
Commercial and industrial solid waste incinerators operating on the effective
date of this part shall submit a control plan to the commissioner within 180
days after the effective date of this part.
Subp. 3.
Modifications.
If the owners or operators of a commercial or industrial
solid waste incineration unit make changes after June 4, 2010, that meet the
definition of modification in Code of Federal Regulations, title 40, section
60.2875:
Subp. 4.
Physical or operational changes.
Physical or operational changes made by owners or operators
to a commercial or industrial solid waste incineration unit for which
construction commenced on or before June 4, 2010, or reconstruction or
modification commenced on or before August 7, 2013, to comply with this
part:
Subp. 5.
Exceedance of emission limits.
Owners and operators of a commercial or industrial solid
waste incineration unit must comply with part 7011.1340.
