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RULE §106.491Dual-Chamber Incinerators

(a) Applicability. This section authorizes dual-chamber incinerators that burn only waste generated on site, or illegal drugs confiscated by federal, state, or local law enforcement agencies. Incinerators used in the processing or recovery of materials or to dispose of pathological waste as defined in §106.494 of this title (relating to Pathological Waste Incinerators), hospital waste, infectious waste, hazardous waste, or radioactive waste are not authorized by this section.

(b) Design requirements. The incinerator must meet the following design requirements.

  (1) The incinerator must be equipped with an afterburner automatically controlled to operate with a minimum temperature of 1,400 degrees Fahrenheit, equipped with a continuous exhaust temperature monitor, and designed and operated with a minimum gas retention time of 0.5 seconds.

  (2) The manufacturer's rated capacity (burn rate) must be 500 pounds per hour or less. Each claim under this section must address the model of incinerator and specify the types and amounts of waste to be destroyed for determination of a specific unit's appropriate capacity.

  (3) Stacks must comply with the following:

    (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.

(c) Operational limits. The incinerator must meet the following operational conditions.

  (1) This facility must be used solely for the disposal of waste materials generated on site and only one of the following:

    (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.

  (2) The incinerator must be operated with the following limits:

    (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 ).

  (3) Fuel for the incinerator must be limited to sweet natural gas, liquid petroleum gas, Number 2 fuel oil with less than 0.5% sulfur by weight, or electric power. Products of fuel combustion (sulfur dioxide, nitrogen oxides, and carbon monoxide) and volatile organic compounds are authorized, if the facility is operated in compliance with this section.

  (4) The manufacturer's recommended operating instructions must be posted at the incinerator, and the unit must be operated in accordance with these instructions. The incinerator must be operated in accordance with the manufacturer's specifications and maintained in good working order.

  (5) Visible emissions must not exceed an opacity of 5.0% averaged over any six-minute period as determined by the United States Environmental Protection Agency Test Method 9.

(d) Compliance and administrative requirements.

  (1) Registration. Before construction begins, the facility must be registered with the commission's Office of Permitting, Remediation, and Registration using Form PI-7, Registration for Permits by Rule.

  (2) Waste regulations. Compliance with this section serves as a commission authorization under §330.51 of this title (relating to Permit Application for Municipal Solid Waste Facilities).

  (3) State and federal air compliance demonstrations.

    (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.

  (4) Monitoring. Incinerator operators/owners shall install, calibrate, maintain, and operate a monitoring device that continuously measures and records the temperature of the exhaust gas of the incinerator, in addition to any monitoring required by an appropriate NSPS subpart.

  (5) Recordkeeping. Records must be kept of the type and amount of waste charged/burned; type and amount of fuel usage, including sulfur content for fuel oil; monitoring and testing results; hours of operation; and routine maintenance of abatement systems sufficient to demonstrate each of the requirements listed previously are met. Such records must be retained for a minimum rolling two-year period and comply with §106.8 of this title (relating to Recordkeeping).

Source Note: The provisions of this §106.491 adopted to be effective June 30, 2004, 29 TexReg 6094

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