Current through Register Vol. 39, No. 6, September 16, 2024
(a)
Applicability. This Rule shall apply to sewage sludge incineration units that
meet all three requirements listed in
40 CFR
60.5060(a) through
(c).
(b) The provisions of this Rule shall apply
to any incinerator subject to this Rule. However, when the provisions of this
Rule and provisions of
15A NCAC
02D .0524,
02D .1110, or .1111 or provisions
of 40 CFR Part 61, Subpart C; 40 CFR Part 61, Subpart E; or 40 CFR Part 503,
Subpart E, regulate the same pollutant, the provisions of the more restrictive
standards established in Paragraphs (e) and (f) of this Rule shall apply,
notwithstanding provisions of
15A NCAC
02D .0524,
02D .1110, or .1111 or provisions
of 40 CFR Part 61, Subpart C; 40 CFR Part 61, Subpart E; or 40 CFR Part 503,
Subpart E to the contrary.
(c)
Exemptions. Sewage sludge incineration units shall be exempted from this Rule
if they are subject to:
(1) 40 CFR Part 60
Subpart LLLL by:
(A) commencing construction
after October 14, 2010; or
(B)
commencing modification after September 21, 2011; or
(2) Rule
15A NCAC
02D .1210, if they are not located at a
wastewater treatment facility designed to treat domestic sewage sludge as
defined in 40 CFR
60.5065.
(d) Definitions. For the purpose of this
Rule, the definitions in 40
CFR 503.41,
40 CFR 60.5250, and
40 CFR
60.2 shall apply in addition to the
definitions in
15A NCAC
02D .1202.
(e) Emission Standards. Any incinerator
subject to this Rule shall comply with all of the following emission standards:
(1) Emissions of particulate matter from a
sewage sludge incineration unit shall meet the requirements established in
40 CFR
60.5165 or
40 CFR 60.152 as defined in
Paragraph (b) of this Rule.
(2)
Fugitive emissions from a sewage sludge incineration unit ash handling process
shall meet the requirements established in
40 CFR
60.5165. All other visible emissions from a
sewage sludge incineration unit shall comply with
15A NCAC
02D .0521.
(3) Emissions of hydrogen chloride from a
sewage sludge incineration unit shall meet the requirements established in
40 CFR
60.5165.
(4) Emissions of carbon monoxide from a
sewage sludge incineration unit shall meet the requirements established in
40 CFR
60.5165.
(5) Emissions of dioxin and furan (total mass
basis) from a sewage sludge incineration unit shall meet the requirements
established in 40 CFR
60.5165.
(6) Emissions of dioxin and furan (toxic
equivalency basis) from a sewage sludge incineration unit shall meet the
requirements established in 40 CFR 60.5165.
(7) Emissions of mercury from a sewage sludge
incineration unit shall meet the requirements established in
40 CFR
60.5165 and in
40 CFR
61.52(b) as referenced in
15A NCAC
02D .1110(a), (d), and
(e).
(8) Emissions of nitrogen
oxides from a sewage sludge incineration unit shall meet the requirements
established in 40 CFR
60.5165.
(9) Emissions of sulfur dioxide from a sewage
sludge incineration unit shall meet the requirements established in
40 CFR
60.5165.
(10) Emissions of cadmium from a sewage
sludge incineration unit shall meet the requirements established in
40 CFR
60.5165.
(11) Emissions of lead from a sewage sludge
incineration unit shall meet the requirements established in
40 CFR
60.5165. The daily concentration of lead in
sewage sludge fed to a sewage sludge incinerator shall meet the requirements
specified in 40 CFR
503.43(c).
(12) Emissions of beryllium from a sewage
sludge incineration unit shall meet the requirements established in
40 CFR
61.32(a) through (c) as
referenced in
15A NCAC
02D .1110(a), (d), and
(e).
(13) The daily concentration
of arsenic, cadmium, chromium, and nickel in sewage sludge fed to a sewage
sludge incinerator shall meet the requirements specified in
40 CFR
503.43(d).
(14) Emissions of toxic air pollutants from a
sewage sludge incineration unit shall meet the requirements specified in
15A NCAC
02D .1100 in accordance with
15A NCAC
02Q .0700.
(15) The monthly average concentration for
total hydrocarbons, or for carbon monoxide as provided in
40 CFR
503.40(c), in the exit gas
from a sewage sludge incinerator stack, corrected to zero percent moisture and
seven percent oxygen as specified in
40 CFR
503.44, shall not exceed 100 parts per
million on a volumetric basis using the continuous emission monitoring required
in Paragraph (k) of this Rule.
(f) Operating limits. The owner or operator
of a sewage sludge incineration unit shall meet:
(1) as applicable, the operating limits and
requirements specified in 40
CFR 60.5170 including Subparagraphs (a)
through (d) and (h) according to the schedule specified in
40 CFR
60.5170(e);
(2) the operating limits and requirements
specified in 40 CFR
60.5170 including Subparagraphs (a) through
(d) by the final compliance date specified in Paragraph (n) of this
Rule;
(3) monitor the feed rate and
moisture content of the sewage sludge fed to the sewage sludge incinerator, as
specified in 40 CFR
60.5170(f)(1) and (f)(2);
and
(4) the operating requirements
in 40 CFR
60.5170(a) through (d) and
(h) shall meet any new operating limits,
re-established in accordance with
40 CFR
60.5210.
(g) Emission and operational standards and
limits established in Paragraphs (e) and (f) of this Rule and in accordance
with provisions in Paragraph (b) of this Rule shall apply at all times that
sewage sludge is in the combustion chamber before the sewage sludge feed to the
combustor is cut off for a period of time not less than the sewage sludge
incineration residence time and during periods of malfunction as specified in
40 CFR
60.5180.
(h) Initial Compliance:
(1) Requirements with the emission standards
specified in the Paragraph (e) of this Rule shall be demonstrated by using the
procedures specified in 40
CFR 60.5185(a) through
(e).
(2) Requirements with the site-specific
operating limits specified in
40 CFR
60.5190(a) shall be
established in accordance with the requirements specified
40 CFR
60.5190(a) through
(f).
(3) Initial air pollution control device
inspection specified 40 CFR
60.5220(c) shall be
conducted by the date established in accordance with
40 CFR
60.5195(a). All necessary
repairs shall be completed in accordance with
40 CFR
60.5195(b).
(4) A site-specific monitoring plan for
continuous monitoring, bag leak detection, ash handling systems, and an initial
performance evaluation date shall be developed in accordance with the
requirements specified in 40
CFR 60.5200(a) and (d) through
(h).
(i) Continuous Compliance Requirements. The
owner or operator of a sewage sludge incineration unit subject to this Rule
shall demonstrate compliance with the emissions standards in Subparagraphs
(e)(1) through (13) and (15) of this Rule by:
(1) demonstrating continuous compliance as
specified in 40 CFR
60.5205(a) through
(f);
(2) demonstrating continuous compliance with
the operating limits as specified in
40 CFR
60.5210(a)(1) and (b) through
(d);
(3) demonstrating continuous compliance with
the total hydrocarbon concentration of the incinerator stack exit gas according
to 40 CFR
503.45(a) unless the
requirements for continuously monitoring carbon monoxide as provided in
40 CFR
503.40(c) are
satisfied;
(4) demonstrating
continuous compliance with the oxygen content of the incinerator stack exit gas
as provided in 40 CFR
503.45(b);
(5) demonstrating continuous compliance with
the moisture content of the incinerator stack exit gas as provided in
40 CFR
503.45(c);
(6) conducting an annual air pollution
control device inspection as specified in
40 CFR
60.5215(a);
(7) making all necessary repairs within the
time periods specified in 40
CFR 60.5215(b);
(8) monitoring the concentration of beryllium
and mercury from the sewage sludge fed to the incinerator as frequently as
specified in 40 CFR
503.46(a)(1); and
(9) monitoring the concentrations of arsenic,
cadmium, chromium, lead, and nickel in the sewage sludge fed to the incinerator
as frequently as specified in
40 CFR
503.46(a)(2) and
(3).
(j) Performance Testing, Monitoring, and
Calibration Requirements. The owner or operator of a sewage sludge incineration
unit subject to this Rule shall demonstrate compliance with the emissions
standards in Subparagraphs (e)(1) through (13) and (15) of this Rule by:
(1) meeting the performance testing
requirements specified in 40
CFR 60.5220(a)(1) through
(11),
40 CFR 61.53(d) or
40 CFR
61.54,
40 CFR 503.43(e), and
40 CFR
61.33;
(2) meeting the monitoring requirements
specified in 40 CFR
60.5220(b)(1) through (7),
40 CFR 61.55,
40 CFR
503.55,
40 CFR 503.46; and
40 CFR
60.153;
(3) performing the air pollution control
device inspection requirements specified in
40 CFR
60.5220(b)(1) through (3);
and
(4) meeting the bypass stack
provisions specified in 40
CFR 60.5220(d).
(k) The owner or operator of a
sewage sludge incineration unit, subject to this Rule, shall install, operate,
calibrate, and maintain the continuous parameter monitoring systems to ensure
compliance with the operational limits set forth in Paragraph (f) of this Rule
as specified in 40 CFR
503.45,
40 CFR 60.5225 (a)(1), (2), and
40 CFR
60.153.
(l) Recordkeeping and Reporting. The owner or
operator of a sewage sludge incineration unit subject to this Rule shall:
(1) maintain on site in either paper copy or
electronic format that can be printed upon request for a period of five years
the following;
(A) the calendar date of each
record as specified in 40
CFR 60.5230(a);
(B) increments of progress as specified in
40 CFR
60.5230(b);
(C) operator training records as specified in
40 CFR
60.5230(c)(1) through
(4);
(D) air pollution control device inspections
as specified in 40 CFR
60.5230(d);
(E) performance test reports as specified in
40 CFR
60.5230(e)(1) through
(4);
(F) continuous monitoring data as specified
in 40 CFR
60.5230(f)(1) through (4)
and 40 CFR 60.153;
(G) other records for continuous monitoring
systems as specified in 40
CFR 60.5230(g)(1) through
(3) and
40 CFR 60.153;
(H) deviation reports as specified in
40 CFR
60.5230(h);
(I) equipment specifications and operation
and maintenance requirements as specified in
40 CFR
60.5230(i);
(J) inspections, calibrations, and validation
checks of monitoring devices as specified in
40 CFR
60.5230(j);
(K) monitoring plan and performance
evaluations for continuous monitoring systems as specified in
40 CFR
60.5230(k);
(L) records indicating use of the bypass
stack as specified in 40 CFR
60.5230(m);
(M) malfunction occurrence records shall as
specified in 40 CFR
60.5230(n); and
(N) records showing compliance with standards
for the use or disposal of sewage sludge listed in
40 CFR
503.47(b) through
(n).
(2) Submit to the Director in the format
specified in 40 CFR
60.5235(h)(1) and by due
dates established in Table 6 of 40 CFR Part 60 Subpart MMMM the following:
(A) the initial compliance report as
specified in 40 CFR
60.5235(b);
(B) the annual compliance report as specified
in 40 CFR
60.5235(c);
(C) deviation reports (deviations from
emission limits, emission standards, or operating limits, as specified in
40 CFR
60.5235(e)(1)) when it is
required by 40 CFR
60.5235(d);
(D) notification of qualified operator
deviation and notification of status of qualified operator deviation as
specified in 40 CFR
60.5235(e)(1);
(E) notification of resumed operation
pursuant to 40 CFR
60.5155(b)(2)(i) following
shutdown (due to qualified operator deviation) as specified in
40 CFR
60.5235(e)(2);
(F) notification of a force majeure as
specified in 40 CFR
60.5235(f);
(G) notification of intent to start or stop
use of a continuous monitoring system, notification of intent to conduct a
performance test, and notification of intent to conduct a rescheduled
performance test as specified in
40 CFR
60.5235(g);
(H) performance test relative accuracy audit
data (test reference method) and performance test data in the manner specified
in 40 CFR
60.5235(h)(2); and
(I) semiannual reports as specified in
40 CFR
60.155.
(3) With the Director's approval, the owner
or operator may change the semiannual or annual reporting dates of the reports
listed in Subparagraph (l)(2) of this Rule in accordance with the procedures
established in 40 CFR
60.19(c) pursuant to
40 CFR
60.5235(i).
(m) Operator Training and
Qualification.
(1) A sewage sludge
incineration unit subject to this Rule shall not be operated unless a fully
trained and qualified sewage sludge incineration unit operator is at the
facility or can be at the facility within one hour. The trained and qualified
sewage sludge incineration unit operator may operate the sewage sludge
incineration unit directly or be the direct supervisor of one or more other
plant personnel who operate the unit. If all qualified sewage sludge
incineration unit operators are temporarily not accessible, the procedures in
40 CFR
60.5155 shall apply.
(2) Operator training and qualification shall
be obtained by completing the requirements specified in
40 CFR
60.5130(c).
(3) The owner or operator of a sewage sludge
incineration unit subject to this Rule shall complete an annual review or
refresher course covering the five topics specified in
40 CFR
60.5145(a) through (e) to
maintain an operator qualification.
(4) The owner or operator of a sewage sludge
incineration unit subject to this Rule shall renew a lapsed operator
qualification before he or she begins operation of the unit by one of the two
methods specified in 40 CFR
60.5150(a) and
(b).
(5) When a qualified operator of a sewage
sludge incineration unit subject to this Rule is not at the facility and cannot
be at the facility within one hour, the owner shall meet the criteria specified
in 40 CFR
60.5155.
(6) The owner or operator of a sewage sludge
incineration unit subject to this Rule shall maintain and review the operator
training documentation as specified in
40 CFR
60.5160(a) and
(b).
(n) Final compliance. The owner or operator
of a sewage sludge incineration unit subject to this Rule shall achieve final
compliance by the dates specified in
40 CFR
60.5035(a) or (b).
Authority
G.S.
143-215.3(a)(1);
143-215.107(a)(4),(5);
Eff. October 1, 1991;
Amended Eff. June 1, 2008; August 1, 2002;
July 1, 2000; July 1, 1999; July 1, 1998; July 1, 1996; April 1, 1995; December
1, 1993;
Readopted Eff. March 1, 2018;
Amended Eff.
December 1, 2021.