(a) Definitions.
(i) "Commercial and industrial solid waste
incineration (CISWI) unit" means any combustion device that combusts commercial
and industrial waste, as defined in this subsection. The boundaries of a CISWI
unit are defined as, but not limited to, the commercial or industrial solid
waste fuel feed system, grate system, flue gas system, and bottom ash. The
CISWI unit does not include air pollution control equipment or the stack. The
CISWI unit boundary starts at the commercial and industrial solid waste hopper
(if applicable) and extends through two areas:
(A) The combustion unit flue gas system,
which ends immediately after the last combustion chamber.
(B) The combustion unit bottom ash system,
which ends at the truck loading station or similar equipment that transfers the
ash to final disposal. It includes all ash handling systems connected to the
bottom ash handling system.
(ii) "Commercial and industrial solid waste"
means solid waste combusted in an enclosed device using controlled flame
combustion without energy recovery that is a distinct operating unit of any
commercial or industrial facility (including field erected, modular, and custom
built incineration units operating with starved or excess air), or solid waste
combusted in an air curtain incinerator without energy recovery that is a
distinct operating unit of any commercial or industrial facility.
(b) Applicability. This section
applies to incineration units that meet all three criteria:
(i) The incineration unit meets the
definition of CISWI unit in this subsection.
(ii) The incineration unit commenced
construction on or before November 30, 1999.
(iii) The incineration unit is not exempt
under (c) of this subsection.
(c) The following types of incineration units
are exempt from this subsection:
(i)
Pathological waste incineration units. Incineration units
burning 90 percent or more by weight (on a calendar quarter basis and excluding
the weight of auxiliary fuel and combustion air) of pathological waste,
low-level radioactive waste, and/or chemotherapeutic waste as defined in
40 C.F.R.
60.2265 (in effect on the date in WAC
173-400-025) are not subject to
this section if you meet the two requirements specified in (c)(i)(A) and (B) of
this subsection.
(A) Notify the permitting
authority that the unit meets these criteria.
(B) Keep records on a calendar quarter basis
of the weight of pathological waste, low-level radioactive waste, and/or
chemotherapeutic waste burned, and the weight of all other fuels and wastes
burned in the unit.
(ii)
Agricultural waste incineration units. Incineration units
burning 90 percent or more by weight (on a calendar quarter basis and excluding
the weight of auxiliary fuel and combustion air) of agricultural wastes as
defined in 40 C.F.R.
60.2265 (in effect on the date in WAC
173-400-025) are not subject to
this section if you meet the two requirements specified in (c)(ii)(A) and (B)
of this subsection.
(A) Notify the permitting
authority that the unit meets these criteria.
(B) Keep records on a calendar quarter basis
of the weight of agricultural waste burned, and the weight of all other fuels
and wastes burned in the unit.
(iii)
Municipal waste combustion
units. Incineration units that meet either of the two criteria
specified in (c)(iii)(A) and (B) of this subsection.
(A) Units are regulated under 40 C.F.R. Part
60, Subpart Ea or Subpart Eb (in effect on the date in WAC
173-400-025); Spokane County Air
Pollution Control Authority Regulation 1, Section 6.17 (in effect on February
13, 1999); 40 C.F.R. Part 60, Subpart AAAA (in effect on the date in WAC
173-400-025); or WAC
173-400-050(5).
(B) Units burn greater than 30 percent
municipal solid waste or refuse-derived fuel, as defined in 40 C.F.R. Part 60
(in effect on the date in WAC
173-400-025), Subparts Ea, Eb,
and AAAA, and WAC
173-400-050(5),
and that have the capacity to burn less than 35 tons (32 megagrams) per day of
municipal solid waste or refuse-derived fuel, if you meet the two requirements
in (c)(iii)(B)(I) and (II) of this subsection.
(I) Notify the permitting authority that the
unit meets these criteria.
(II)
Keep records on a calendar quarter basis of the weight of municipal solid waste
burned, and the weight of all other fuels and wastes burned in the
unit.
(iv)
Medical waste incineration units. Incineration units regulated
under 40 C.F.R. Part 60, Subpart Ec (Standards of Performance for
Hospital/Medical/Infectious Waste Incinerators for Which Construction is
Commenced After June 20, 1996) (in effect on the date in WAC
173-400-025);
(v)
Small power production
facilities. Units that meet the three requirements specified in
(c)(v)(A) through (C) of this subsection.
(A)
The unit qualifies as a small power-production facility under section 3 (17)(C)
of the Federal Power Act (16
U.S.C.
796(17)(C)).
(B) The unit burns homogeneous waste (not
including refuse-derived fuel) to produce electricity.
(C) You notify the permitting authority that
the unit meets all of these criteria.
(vi)
Cogeneration
facilities. Units that meet the three requirements specified in
(c)(vi)(A) through (C) of this subsection.
(A)
The unit qualifies as a cogeneration facility under section 3 (18)(B) of the
Federal Power Act (16 U.S.C.
796(18)(B)).
(B) The unit burns homogeneous waste (not
including refuse-derived fuel) to produce electricity and steam or other forms
of energy used for industrial, commercial, heating, or cooling
purposes.
(C) You notify the
permitting authority that the unit meets all of these criteria.
(vii)
Hazardous waste
combustion units. Units that meet either of the two criteria specified
in (c)(vii)(A) or (B) of this subsection.
(A)
Units for which you are required to get a permit under section 3005 of the
Solid Waste Disposal Act.
(B) Units
regulated under 40 C.F.R. Part 63, Subpart EEE (National Emission Standards for
Hazardous Air Pollutants from Hazardous Waste Combustors) (in effect on the
date in WAC
173-400-025).
(viii)
Materials recovery
units. Units that combust waste for the primary purpose of recovering
metals, such as primary and secondary smelters;
(ix)
Air curtain
incinerators. Air curtain incinerators that burn only the materials
listed in (c)(ix)(A) through (C) of this subsection are only required to meet
the requirements under "Air Curtain Incinerators" in
40 C.F.R.
60.2245 through
60.2260 (in effect on the date in
WAC 173-400-025).
(A) 100 percent wood waste, as defined in
40 C.F.R.
60.2265.
(B) 100 percent clean lumber.
(C) 100 percent mixture of only wood waste,
clean lumber, and/or yard waste, as these terms are defined in
40 C.F.R.
60.2265.
(x)
Cyclonic barrel burners.
See 40 C.F.R.
60.2265 (in effect on the date in WAC
173-400-025).
(xi)
Rack, part, and drum reclamation
units. See 40
C.F.R. 60.2265 (in effect on the date in WAC
173-400-025).
(xii)
Cement kilns. Kilns
regulated under 40 C.F.R. Part 63, Sub-part LLL (National Emission Standards
for Hazardous Air Pollutants from the Portland Cement Manufacturing Industry)
(in effect on the date in WAC
173-400-025).
(xiii)
Sewage sludge
incinerators. Incineration units regulated under 40 C.F.R. Part 60,
Subpart O (Standards of Performance for Sewage Treatment Plants) (in effect on
the date in WAC
173-400-025).
(xiv)
Chemical recovery
units. Combustion units burning materials to recover chemical
constituents or to produce chemical compounds where there is an existing
commercial market for such recovered chemical constituents or compounds. The
seven types of units described in (c)(xiv)(A) through (G) of this subsection
are considered chemical recovery units.
(A)
Units burning only pulping liquors (i.e., black liquor) that are reclaimed in a
pulping liquor recovery process and reused in the pulping process.
(B) Units burning only spent sulfuric acid
used to produce virgin sulfuric acid.
(C) Units burning only wood or coal feedstock
for the production of charcoal.
(D)
Units burning only manufacturing by-product streams/residues containing
catalyst metals which are reclaimed and reused as catalysts or used to produce
commercial grade catalysts.
(E)
Units burning only coke to produce purified carbon monoxide that is used as an
intermediate in the production of other chemical compounds.
(F) Units burning only hydrocarbon liquids or
solids to produce hydrogen, carbon monoxide, synthesis gas, or other gases for
use in other manufacturing processes.
(G) Units burning only photographic film to
recover silver.
(xv)
Laboratory analysis units. Units that burn samples of
materials for the purpose of chemical or physical analysis.
(d) Exceptions.
(i) Physical or operational changes to a
CISWI unit made primarily to comply with this section do not qualify as a
"modification" or "reconstruction" (as defined in
40 C.F.R.
60.2815) (in effect on the date in WAC
173-400-025).
(ii) Changes to a CISWI unit made on or after
June 1, 2001, that meet the definition of "modification" or "reconstruction" as
defined in 40 C.F.R.
60.2815 (in effect on the date in WAC
173-400-025) mean the CISWI unit
is considered a new unit and subject to WAC
173-400-115, which adopts 40
C.F.R. Part 60, Subpart CCCC (in effect on the date in WAC
173-400-025).
(e) A CISWI unit must comply with
40 C.F.R.
60.2575 through
60.2875 (in effect on the date in
WAC 173-400-025). The federal rule
contains these major components:
* Increments of progress towards compliance in 60.2575 through
60.2630;
* Waste management plan requirements in 60.2620 through
60.2630;
* Operator training and qualification requirements in 60.2635
through 60.2665;
* Emission limitations and operating limits in 60.2670 through
60.2685;
* Performance testing requirements in 60.2690 through
60.2725;
* Initial compliance requirements in 60.2700 through
60.2725;
* Continuous compliance requirements in 60.2710 through
60.2725;
* Monitoring requirements in 60.2730 through 60.2735;
* Recordkeeping and reporting requirements in 60.2740 through
60.2800;
* Title V operating permits requirements in 60.2805;
* Air curtain incinerator requirements in 60.2810 through
60.2870;
* Definitions in 60.2875; and
* Tables in 60.2875. In Table 1, the final control plan must be
submitted before June 1, 2004, and final compliance must be achieved by June 1,
2005.
(i) Exception to adopting the
federal rule. For purposes of this section, "administrator" includes the
permitting authority.
(ii)
Exception to adopting the federal rule. For purposes of this section, "you"
means the owner or operator.
(iii)
Exception to adopting the federal rule. For purposes of this section, each
reference to "the effective date of state plan approval" means July 1,
2002.
(iv) Exception to adopting
the federal rule. The Title V operating permit requirements in
40 C.F.R.
60.2805(a) are not adopted.
Each CISWI unit, regardless of whether it is a major or nonmajor unit, is
subject to the air operating permit regulation, chapter 173-401 WAC, beginning
on July 1, 2002. See WAC
173-401-500 for the permit
application requirements and deadlines.
(v) Exception to adopting the federal rule.
The following compliance dates apply:
(A) The
final control plan (Increment 1) must be submitted no later than July 1, 2003.
(See Increment 1 in Table 1.)
(B)
Final compliance (Increment 2) must be achieved no later than July 1, 2005.
(See Increment 2 in Table 1.)