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TITLE 30ENVIRONMENTAL QUALITY
PART 1TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 113STANDARDS OF PERFORMANCE FOR HAZARDOUS AIR POLLUTANTS AND FOR DESIGNATED FACILITIES AND POLLUTANTS
SUBCHAPTER DDESIGNATED FACILITIES AND POLLUTANTS
DIVISION 5EMISSION GUIDELINES AND COMPLIANCE TIMES FOR OTHER SOLID WASTE INCINERATION UNITS THAT COMMENCED CONSTRUCTION ON OR BEFORE DECEMBER 9, 2004
RULE §113.2300Definitions

Terms used but not defined in this division are defined in the Federal Clean Air Act and 40 Code of Federal Regulations Part 60, Subpart A (General Provisions).

  (1) Administrator--As follows:

    (A) For approved and effective state §111(d)/129 plans, the director of the state air pollution control agency, or his or her delegate;

    (B) For federal §111(d)/129 plans, the administrator of the United States Environmental Protection Agency (EPA), an employee of the EPA, the director of the state air pollution control agency, or employee of the state air pollution control agency to whom the authority has been delegated by the administrator of the EPA to perform the specified task; and

    (C) For New Source Performance Standards in 40 Code of Federal Regulations Part 60, the administrator of the EPA, an employee of the EPA, the director of the state air pollution control agency, or employee of the state air pollution control agency to whom the authority has been delegated by the administrator of the EPA to perform the specified task.

  (2) Air curtain incinerator--An incineration unit operating by forcefully projecting a curtain of air across an open, integrated combustion chamber (fire box) or open pit or trench (trench burner) in which combustion occurs. For the purpose of this division, air curtain incinerators include both firebox and trench burner units.

  (3) Auxiliary fuel--Natural gas, liquified petroleum gas, fuel oil, or diesel fuel.

  (4) Batch other solid waste incineration (OSWI) unit--An OSWI unit that is designed such that neither waste charging nor ash removal can occur during combustion.

  (5) Calendar quarter--Three consecutive months (nonoverlapping) beginning on: January 1, April 1, July 1, or October 1.

  (6) Calendar year--365 consecutive days starting on January 1 and ending on December 31.

  (7) Chemotherapeutic waste--Waste material resulting from the production or use of anti-neoplastic agents used for the purpose of stopping or reversing the growth of malignant cells.

  (8) Class II municipal solid waste landfill--A landfill that meets four criteria:

    (A) Accepts, for incineration or disposal, less than 20 tons per day of municipal solid waste or other solid wastes based on an annual average;

    (B) Is located on a site where there is no evidence of groundwater pollution caused or contributed to by the landfill;

    (C) Is not connected by road to a Class I municipal solid waste landfill, as defined by Alaska regulatory code 18 AAC 60.300(c) or, if connected by road, is located more than 50 miles from a Class I municipal solid waste landfill; and

    (D) Serves a community that meets one of two criteria:

      (i) Experiences for at least 3 months each year, an interruption in access to surface transportation, preventing access to a Class I municipal solid waste landfill; or

      (ii) Has no practicable waste management alternative, with a landfill located in an area that annually receives 25 inches or less of precipitation.

  (9) Class III municipal solid waste landfill--A landfill that is not connected by road to a Class I municipal solid waste landfill, as defined by Alaska regulatory code 18 AAC 60.300(c) or, if connected by road, is located more than 50 miles from a Class I municipal solid waste landfill, and that accepts, for disposal, either of the following two criteria:

    (A) Ash from incinerated municipal waste in quantities less than one ton per day on an annual average, which ash must be free of food scraps that might attract animals; or

    (B) Less than five tons per day of municipal solid waste, based on an annual average, and is not located in a place that meets either of the following criteria:

      (i) Where public access is restricted, including restrictions on the right to move to the place and reside there; or

      (ii) That is provided by an employer and that is populated totally by persons who are required to reside there as a condition of employment and who do not consider the place to be their permanent residence.

  (10) Clean lumber--Wood or wood products that have been cut or shaped and include 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, and creosote, or manufactured wood products that contain adhesives or resins (e.g., plywood, particle board, flake board, and oriented strand board).

  (11) Collected from--The transfer of material from the site at which the material is generated to a separate site where the material is burned.

  (12) Contained gaseous material--Gases that are in a container when that container is combusted.

  (13) Continuous emission monitoring system or CEMS--A monitoring system for continuously measuring and recording the emissions of a pollutant from an other solid waste incineration unit.

  (14) Continuous other solid waste incineration (OSWI) unit--An OSWI unit that is designed to allow waste charging and ash removal during combustion.

  (15) Deviation--Any instance in which a unit that meets the requirements in 40 Code of Federal Regulations (CFR) §60.2991, or an owner or operator of such a source:

    (A) Fails to meet any requirement or obligation established by this division, including but not limited to any emission limitation, operating limit, or operator qualification and accessibility requirements;

    (B) Fails to meet any term or condition that is adopted to implement an applicable requirement in this division and that is included in the operating permit for any unit that meets requirements in 40 CFR §60.2991 and is required to obtain such a permit; or

    (C) Fails to meet any emission limitation, operating limit, or operator qualification and accessibility requirement in this division during startup, shutdown, or malfunction, regardless of whether or not such failure is allowed by this division.

  (16) Dioxins/furans--Tetra-through octachlorinated dibenzo-p-dioxins and dibenzofurans.

  (17) Energy recovery--The process of recovering thermal energy from combustion for useful purposes such as steam generation or process heating.

  (18) United States Environmental Protection Agency or EPA--The administrator of the EPA or employee of the EPA that is delegated the authority to perform the specified task.

  (19) Institutional facility--A land-based facility owned and/or operated by an organization having a governmental, educational, civic, or religious purpose such as a school, hospital, prison, military installation, church, or other similar establishment or facility.

  (20) Institutional waste--Solid waste (as defined in this division) that is combusted at any institutional facility using controlled flame combustion in an enclosed, distinct operating unit: whose design does not provide for energy recovery (as defined in this division); operated without energy recovery (as defined in this division); or operated with only waste heat recovery (as defined in this division). Institutional waste also means solid waste (as defined in this division) combusted on site in an air curtain incinerator that is a distinct operating unit of any institutional facility.

  (21) Institutional waste incineration unit--Any combustion unit that combusts institutional waste (as defined in this division) and is a distinct operating unit of the institutional facility that generated the waste. Institutional waste incineration units include field-erected, modular, cyclonic burn barrel, and custom built incineration units operating with starved or excess air, and any air curtain incinerator that is a distinct operating unit of the institutional facility that generated the institutional waste (except those air curtain incinerators listed in 40 Code of Federal Regulations §60.2994(b)).

  (22) Intermittent other solid waste incineration (OSWI) unit--An OSWI unit that is designed to allow waste charging, but not ash removal, during combustion.

  (23) Low-level radioactive waste--Waste material that contains radioactive nuclides emitting primarily beta or gamma radiation, or both, in concentrations or quantities that exceed applicable federal or state standards for unrestricted release. Low-level radioactive waste is not high-level radioactive waste, spent nuclear fuel, or byproduct material as defined by the Atomic Energy Act of 1954 (42 United States Code 2014(e)(2)).

  (24) Malfunction--Any sudden, infrequent, and not reasonably preventable failure of air pollution control equipment, process equipment, or a process to operate in a normal or usual manner. Failures that are caused, in part, by poor maintenance or careless operation are not malfunctions.

Cont'd...

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