Texas Administrative Code
Title 30 - ENVIRONMENTAL QUALITY
Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Chapter 106 - PERMITS BY RULE
Subchapter V - THERMAL CONTROL DEVICES
Section 106.491 - Dual-Chamber Incinerators

(A) height at least 15 feet from the ground;

(B) height at least six feet above the peak of the highest structure within 150 feet;

(C) located at least 200 feet from nearest property line; and

(D) have unobstructed vertical discharge when the incinerator is operated. Properly installed and maintained spark arresters are not considered obstructions.

(A) paper, wood, cardboard cartons, rags, garbage (animal and vegetable wastes as defined in Chapter 101 of this title (relating to General Air Quality Rules)), and combustible floor sweepings; containing overall not more than 10% treated papers, plastic, or rubber scraps. Plastics containing polyvinyl chloride or polyvinyl fluoride are prohibited. Neither garbage content nor moisture content may exceed 50% and noncombustible solids may not exceed 10% of total weight; or

(B) drugs confiscated by law enforcement, limited to marijuana, cocaine, opiates, and methamphetamines.

(A) cocaine, opiates, and methamphetamines are limited to a burn rate of no more than four pounds per hour (lb/hr) and ten pounds in any eight-hour period. Emissions must not exceed 0.04 lb/hr for each of these compounds; and

(B) marijuana is limited to a burn rate of no more than 500 lb/hr. Emissions must not exceed 1.0 lb/hr total inhalable particulate matter (PM10).

(A) Emission limits. Within 180 days of operation, all facilities processing confiscated drugs must provide sampling to demonstrate compliance with the emission limits of this section. Similar facility sampling may be used if the owner or operator provides documentation, including model number, burn rate, materials burned, and all relevant operating conditions, that demonstrates the previously-sampled incinerator is equivalent to the facility to be authorized under this section.

(B) Federal requirements. Registrations must address the applicability of 40 Code of Federal Regulations (CFR) Part 60, Standards of Performance for New Stationary Sources (NSPS), Subpart CCCC, Standards of Performance for Commercial and Industrial Solid Waste Incineration Units, for Which Construction Is Commenced After November 30, 1999 or for Which Modification or Reconstruction Is Commenced on or After June 1, 2001 (as published in the December 1, 2000 issue of the Federal Register); or 40 CFR Part 60, Subpart DDDD, Emission Guidelines and Compliance Times for Commercial and Industrial Solid Waste Incineration Units, that Commenced Construction On or Before November 30, 1999 (as published in the December 1, 2000 issue of the Federal Register). If determined to be applicable, commercial and industrial solid waste incinerators must demonstrate compliance with these federal regulations, including initial stack sampling, opacity readings, reporting, and recordkeeping.

(C) State air regulations. Upon the request of the executive director, a designated representative of the commission, or a local air pollution control agency having jurisdiction over the site, compliance with § 111.121 and § 111.125 of this title (relating to Single-, Dual-, and Multiple-Chamber Incinerators; and Testing Requirements) must be demonstrated.