Current through Reg. 49, No. 52; December 27, 2024
(a)
Applicability. The commission encourages the recycling of the materials
specified in this section. Composting, mulching, or other processing to produce
a useable material can be authorized by §
332.8 of
this title (relating to Air Quality Requirements). This section authorizes any
air curtain incinerator used for the burning of trees, clean lumber, and brush
from land-clearing as referenced in 40 Code of Federal Regulations §60.2245,
right-of-way maintenance, emergency clean-up operations, noncommercial
industrial sites, and municipal solid waste sites, if operated in accordance
with this section.
(b) Scope and
terms. The following terms apply only to this section.
(1) Air curtain incinerator (ACI)--An
incinerator that operates by forcefully projecting a curtain of air across an
open chamber or pit in which combustion occurs. Incinerators of this type can
be constructed above or below ground and with or without refractory walls and
floor.
(2) Clean lumber--Wood or
wood products that have been cut or shaped and includes wet, air-dried, and
kiln-dried wood products. Clean lumber does not include wood products that have
been painted, pigment-stained, or pressure-treated by compounds such as
chromate, copper arsenate, pentachlorophenol, or creosote.
(3) Emergency cleanup--The removal and
disposal of wastes resulting from events such as high winds, floods, and other
events of nature that are necessary to protect public health and
safety.
(4) Land-clearing--The
removal of trees, brush, and other vegetative matter from agriculture, forest
management, or land development.
(5) Municipal solid waste sites--Landfills
that may burn on- or off-site generated waste as specifically authorized by the
executive director under § 330.4 of this title (relating to Permit
Required).
(6) Noncommercial
industrial sites--Locations at which on-site generated waste resulting from the
processing or manufacturing of products may be burned. These industrial sites
must be noncommercial, as limited by §335.2(d)(1) of of this title (relating to
Permit Required), and burn only on-site generated waste that results from the
processing or manufacturing of products, and do not include sites that accept
off-site generated waste for disposal or destruction.
(7) Site--One or more contiguous or adjacent
properties that are under common control of the same person, or persons under
common control.
(c)
Operational limits.
(1) Distance limitations.
The ACI must be operated at least 300 feet from the closest property line and
any other facility with an air permit authorization under §
116.110
of this title (relating to Applicability), or any ACI operating under this
section.
(2) Facility locations.
ACIs may not be operated at a given site more than the following.
(A) All facilities may operate up to a total
of 600 hours in any rolling 12-month period.
(B) Portable facilities temporarily located
at a site may operate up to 180 consecutive calendar days or 600 hours,
whichever occurs first. The ACI must be removed from the site after ceasing
operation.
(C) Permanent facilities
may process materials for municipal solid waste or noncommercial industrial
sites only.
(3) Daily
operation.
(A) Daily burning must not
commence earlier than one hour after sunrise.
(B) Burning must be completed on the same
day, not later than one hour before sunset. At the end of the burn, embers must
not be flaming or smoking, and no additional fuel may be added to the
ACI.
(C) Material must not be added
to the ACI in such a manner as to be stacked above the air curtain.
(D) An operator shall remain with the ACI at
all times when it is operating.
(E)
The ACI blower must remain on at the end of daily burning until enough material
is consumed so that any remaining material in the trench does not flame or
cause smoke that exceeds the requirement of this section when the blower is
turned off.
(F) Material not being
worked, and material being stockpiled to be burned at a later date, must be
kept at least 75 feet from the trench or firebox.
(4) Visible emissions.
(A) Visible emissions from an ACI,
stockpiles, work areas, and any in-plant roads associated with the facility
must not leave the property for a period exceeding 30 seconds in any six-minute
period as determined by United States Environmental Protection Agency Test
Method 22.
(B) Best management
practices must be used to ensure that the ACI blower is operated in a manner to
minimize smoke and ash becoming airborne.
(5) Emissions from products of combustion.
Products of combustion (sulfur dioxide, nitrogen oxides, and carbon monoxide)
and volatile organic compounds are authorized if the facility is operated in
compliance with this section.
(6)
Compliance. Upon notification by a representative of the commission or any
local air pollution control program having jurisdiction that the ACI is not
complying with the conditions of this section, additional material must not be
added to the ACI until the facility returns to compliance.
(d) Trench burning. An ACI operation using a
trench and air manifold system must meet the following conditions.
(1) At all times, trench dimensions must not
exceed 12 feet in width, 35 feet in length, and be no less than ten feet in
depth, such that the combustion of the materials within the trench is
maintained.
(2) The length of the
trench must not exceed the length of the air blower manifold.
(3) The walls of the trench must be
maintained such that they remain sufficiently vertical to maintain the air
curtain.
(4) Upon removal of the
ACI from the burn site, ash may be left in the trench, subject to the
conditions of this section, and the trench must be completely filled with
incombustible material and covered with soil.
(e) Firebox burning. An ACI operation using a
manufactured aboveground container and blower system must meet the following
requirements and operational limits.
(1) The
interior dimensions of the firebox must not exceed eight feet in width, 35 feet
in length, and be no less than six feet in depth.
(2) The walls of the ACI must be maintained
such that they remain sufficiently vertical to maintain the air curtain and the
combustion of the materials within the ACI.
(3) The air blower manifold length must be
equal to the length of the burning area.
(4) Firebox facilities, which are equipped
with refractory walls and above-fire air supply, may operate up to a total of
750 hours in any rolling 12-month period.
(f) Ash processing.
(1) Handling. All ash generated as a result
of the operation of an ACI must be handled in accordance with the following
requirements.
(A) Ash must be removed from the
ACI during burning as necessary to maintain efficient combustion.
(B) Ash must be removed from the ACI in such
a manner as to minimize the ash becoming airborne.
(C) All material removed from the ACI must be
completely extinguished before being disposed of or placed in contact with
combustible material, and must be stored in a manner that does not constitute a
fire hazard or allow the material to smolder or burn outside of the
ACI.
(2) Disposal. The
ash generated from an ACI operated under this section must be disposed of by
one of the following methods:
(A) buried
on-site in an ACI trench, if deed recorded and a copy of the document is
provided to the executive director as required by §
330.7
of this title (relating to Deed Recordation);
(B) sent to a Type I landfill, if the ash is
containerized and no hot coals are present; or
(C) beneficially used, if the use is
determined to be acceptable by the executive director in accordance with §
330.8 of this title (relating to Notification Requirements).
(g) Other requirements.
(1) Local restrictions. This section does not
exempt ACIs from any local government regulations or other local government
requirements, permits, registrations, or other authorizations required by local
authorities.
(2) State air
regulations. This section does not exempt ACIs from compliance with any
additional state air regulations.
(3) Federal air requirements. Registrations
for permanent ACIs must address the applicability of 40 Code of Federal
Regulations (CFR) Part 60, 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). If determined
to be applicable, commercial and industrial solid waste incinerators must
demonstrate compliance with this federal regulation, including initial stack
sampling, opacity readings, reporting, and recordkeeping.
(4) State waste regulations.
(A) Landfill sites:
(i) ACIs located at a landfill require
separate authorization by the executive director in accordance with § 330.4 of
this title (relating to Permit Required); and
(ii) below-ground ACIs must be located in
undisturbed soil not previously excavated, built up, compacted, or used in any
type of active landfill operation.
(B) Ash disposal. For materials authorized to
be burned under this section and the resulting ash from ACIs, categorized as
municipal solid waste as defined in § 330.2 of this title (relating to
Definitions), compliance with this section serves as a commission authorization
to store, process, remove, and/or dispose of the ash resulting from the
operation of ACIs as required by §330.4(a) of this title.
(5) State water regulations. Nothing in this
section removes the responsibility of the owner/operator from obtaining any
necessary authorization under Chapter 308 of this title (relating to Criteria
and Standards for the National Pollutant Discharge Elimination
System).
(h)
Administrative.
(1) Multiple locations at a
single site. Multiple ACIs at a given site may be combined into a single
registration if individual ACI locations at the site are in compliance with all
design requirements and operating restrictions. Operations for all ACIs under
common control at a given site must cumulatively meet the annual hourly
limitations as listed.
(2)
Registration.
(A) ACIs must be initially
registered with the executive director using the Core Data Form and Form
PI-7.
(B) Re-registration is
required when any notice of enforcement is issued by the commission, or
delegated representative, to the owner or operator of an ACI facility or every
five years, whichever occurs first.
(C) Any ACI used for emergency clean-up
operations does not require registration, but the owner or operator shall meet
the notification requirements of this section except for the 14-day prior
notice requirement.
(D)
Registration reviews will include site approval and a compliance history
evaluation in accordance with Chapter 60 of this title (relating to Compliance
History).
(3)
Notification. Notifications are not subject to the requirements of §106.50(a)
of of this title (relating to Registration Fees for Permits by Rule) or Chapter
60 of this title.
(A) The owner or operator
of an ACI that has previously been registered with the executive director in
accordance with this section and is being relocated to a new site, other than a
landfill, shall notify the appropriate regional office and any local air
pollution control agency having jurisdiction over the site.
(B) Notifications must be in writing using
the Regional Standard Permit/Permit by Rule Relocation Form, include a return
receipt, and be received by the regional director and any local air pollution
control agency having jurisdiction over the site at least 14 calendar days
prior to locating at the site.
(4) Records. To demonstrate compliance with
this section and §
106.8 of
this title (relating to Recordkeeping), owners or operators of ACIs shall, at a
minimum, meet the following requirements.
(A)
The ACI must be equipped with a run time meter. A written record or log of the
hours of operation of the ACI must be maintained at the site and made available
at the request of personnel from the commission or any air pollution control
program having jurisdiction. This run time record or log must be organized such
that compliance with the requirements of this section can be readily
determined.
(B) Records must be
kept to demonstrate compliance with all operational or location requirements of
this section. These records must include a copy of the return receipt
demonstrating notification to the appropriate regional office and local air
pollution control programs having jurisdiction, and plot plans showing distance
limits are met. For portable facilities, once relocated to a new site, records
must be maintained at a central location for a two-year rolling
period.
(C) A copy of this section
and any operating instructions must be kept at the burn site, followed by
owners or operators, and made available at the request of personnel from the
commission or any local air pollution control program having
jurisdiction.
(D) The ACI must be
clearly and permanently marked with the regulated entity (preferred) or account
identification number on the fan manifold or aboveground unit.