Oregon Administrative Rules
Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY
Division 230 - INCINERATOR REGULATIONS
Section 340-230-0300 - Applicability
Universal Citation: OR Admin Rules 340-230-0300
Current through Register Vol. 63, No. 3, March 1, 2024
(1) Applicability: OAR 340-230-0310 through 340-230-0359 apply to each municipal waste combustor unit with a combustion capacity greater than 250 tons per day of municipal solid waste for which construction was commenced on or before September 20, 1994. MWC subject to OAR 340-230-0300 through 340-230-0350 are not subject to the incinerator rules in 340-230-0100 through 340-230-0150.
(2) Exemptions:
(a) Any municipal waste combustion unit that
is capable of combusting more than 250 tons per day of municipal solid waste
and is subject to a federally enforceable permit limiting the maximum amount of
municipal solid waste that may be combusted in the unit to less than or equal
to 11 tons per day is not subject to this rule if the owner or operator:
(A) Notifies the Department of an exemption
claim;
(B) Provides a copy of the
federally enforceable permit that limits the firing of municipal solid waste to
less than 11 tons per day; and
(C)
Keeps records of the amount of municipal solid waste fired on a daily
basis.
(b) Physical or
operational changes made to an existing municipal waste combustor unit
primarily for the purpose of complying with emission limits under these rules
are not considered in determining whether the unit is a modified or
reconstructed facility under 40 CFR 60, Subparts Ea or Eb.
(c) A qualifying small power production
facility, as defined in section 3(17)(C) of the Federal Power Act ( 16 U.S.C.
796 (17)(C)), that burns homogeneous waste (such as automotive tires or used
oil, but not including refuse-derived fuel) for the production of electric
energy is not subject to these rules if the owner or operator of the facility
notifies the Department of this exemption and provides data documenting that
the facility qualifies for this exemption.
(d) A qualifying cogeneration facility, as
defined in section 3(18)(B) of the Federal Power Act ( 16 U.S.C. 796 (18)(B)),
that burns homogeneous waste (such as automotive tires or used oil, but not
including refuse-derived fuel) for the production of electric energy and steam
or forms of useful energy (such as heat) that are used for industrial,
commercial, heating, or cooling purposes, is not subject to these rules if the
owner or operator of the facility notifies the Department of this exemption and
provides data documenting that the facility qualifies for this
exemption.
(e) Any unit combusting
a single-item waste stream of tires is not subject to this rule if the owner or
operator of the unit:
(A) Notifies the
Department of an exemption claim; and
(B) Provides data documenting that the unit
qualifies for this exemption.
(f) Any unit required to have a permit under
section 3005 of the Solid Waste Disposal Act is not subject to these
rules.
(g) Any materials recovery
facility (including primary or secondary smelters) that combusts waste for the
primary purpose of recovering metals is not subject to these rules.
(h) Any cofired combustor, as defined in 40
CFR 60.51b, that meets the capacity specifications in section (1) of this rule
is not subject to these rules if the owner or operator of the cofired
combustor:
(A) Notifies the Department of an
exemption claim;
(B) Provides a
copy of the federally enforceable permit (specified in the definition of
cofired combustor); and
(C) Keeps a
record on a calendar quarter basis of the weight of municipal solid waste
combusted at the cofired combustor and the weight of all other fuels combusted
at the cofired combustor.
(i) Pyrolysis/combustion units that are an
integrated part of a plastics/rubber recycling unit (as defined in 40 CFR
60.51b) are not subject to this rule if the owner or operator of the
plastics/rubber recycling unit keeps records of:
(A) The weight of plastics, rubber, and/or
rubber tires processed on a calendar quarter basis;
(B) The weight of chemical plant feedstocks
and petroleum refinery feedstocks produced and marketed on a calendar quarter
basis; and
(C) The name and address
of the purchaser of the feedstocks. The combustion of gasoline, diesel fuel,
jet fuel, fuel oils, residual oil, refinery gas, petroleum coke, liquified
petroleum gas, propane, or butane produced by chemical plants or petroleum
refineries that use feedstocks produced by plastics/rubber recycling units are
not subject to these rules.
(j) Air curtain incinerators that meet the
capacity specifications in subsection (a) of this section, and that combust a
fuel stream composed of 100 percent yard waste are exempt from all provisions
of this subpart except the opacity standard under OAR
340-230-0310,
the testing procedures under
340-230-0340,
and the reporting and recordkeeping provisions under
340-230-0350.
(k) Air curtain incinerators that meet the
capacity specifications in subsection (a) of this section and that combust
municipal solid waste other than yard waste are subject to all provisions of
this subpart.
(l) Cement kilns
firing municipal solid waste are not subject to this subpart.
(m) Any affected facility meeting the
applicability requirements under this rule is not subject to 40 CFR part
60 subpart E.
Stat. Auth.: ORS 468.020
Stats.Implemented: ORS 468A.025
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