310 CMR 7.08
U Incinerators
(1) General.
(a) No person shall cause, suffer, allow, or permit the construction or substantial
reconstruction or alteration of any incinerator for which:
1. the design for construction or substantial reconstruction or alteration thereof, and
2. the Standard Operating Procedure have not been approved by the Department in
writing.
(b) No person shall sell or distribute for sale any special incinerator or modular incinerator,
for installation or use within the District, the design and Standard Operating Procedure for
which have not been approved in writing by the Department or certification of said approval
has not been given by the person selling or distributing the incinerator to the person to whom
the sale or distribution is made.
(c) No person shall cause, suffer, allow, or permit the burning of refuse or any other
material in any incinerator in a manner that is not in conformance with a Standard Operating
Procedure (for the incinerator) that has been approved by the Department in writing.
(d) No person shall cause, suffer, allow, or permit the burning of refuse or any other
material in any incinerator, other than a municipal incinerator, which is of a design that has
not been approved by the Department in writing.
(e) No person shall cause, suffer, allow, or permit the burning of refuse or any other
material in an incinerator at a specific site location that, in the opinion of the Department, is
likely to cause or contribute to a condition of air pollution and when the person responsible
for the operation of the incinerator has been notified of said opinion.
(f) 310 CMR 7.08(1)(c) and 7.08(1)(d) are subject to the enforcement provisions specified
in 310 CMR 7.52, insofar as they pertain to domestic incinerators.
(g) No person shall cause, suffer, allow, or permit emissions from any incinerator of any
particles that have a dimension greater than 100 microns. (Be referred to 310 CMR 7.06(2).)
(h) The approval, referred to in 310 CMR 7.08(1)(a) through (d), shall be obtained pursuant
to 310 CMR 7.02(3) and 7.02(5).
(2) Municipal Waste Combustors.
(a) Site Assignment. No person shall, allow, or permit the construction, substantial
reconstruction, alteration or operation of a municipal waste combustor unit on a site which
has not received a site assignment in accordance with M.G.L. c. 111, § 150A.
(b) Purpose. The purpose of 310 CMR 7.08(2) is to provide emission limitations and
compliance schedules for the control of certain designated pollutants from Municipal Waste
Combustors in accordance with sections 111(d) and 129 of the Clean Air Act.
(c) Definitions. The definitions found in 310 CMR 7.00 apply to 310 CMR 7.08(2) unless
otherwise defined in 310 CMR 7.08(2). The following words and phrases shall have the
following meanings as they appear in 310 CMR 7.08(2).
CALENDAR QUARTER means any consecutive three-month period (nonoverlapping)
beginning on January 1st, April 1st, July 1st or October 1st.
CALENDAR YEAR means any period starting January 1st and ending on December 31st.
CHIEF FACILITY OPERATOR means the person in direct charge and control of the operation
of a municipal waste combustor and who is responsible for daily on-site supervision, technical
direction, management, and overall performance of the facility.
CLEAN WOOD means untreated wood or untreated wood products including clean untreated
lumber, tree stumps (whole or chipped), and tree limbs (whole or chipped). Clean wood does not
include yard waste, or construction, renovation, and demolition wastes (including, but not limited
to, railroad ties and telephone poles).
CONTINUOUS BURNING means the continuous, semicontinuous, or batch feeding of
municipal solid waste for purposes of waste disposal, energy production, or providing heat to the
combustion system in preparation for waste disposal or energy production. The use of municipal
solid waste solely to provide thermal protection of the grate or hearth during a startup period,
when municipal solid waste is not being fed to the grate, is not considered to be continuous
burning.
CONTINUOUS EMISSION MONITORING SYSTEM means a monitoring system for
continuously measuring the emissions of a pollutant from a municipal waste combustor unit.
DIOXIN/FURAN means tetra- through octa-chlorinated dibenzo-p-dioxins and dibenzofurans.
dscm means dry standard cubic meter.
FIRST CALENDAR HALF means the period starting on January 1st and ending on June 30th in
any year.
FOUR-HOUR BLOCK AVERAGE or 4-HOUR BLOCK AVERAGE means the average of all
hourly emission concentrations when the affected facility is operating and combusting municipal
solid waste, measured over a four-hour period of time from 12:00 A.M. to 4:00 A.M., 4:00 A.M.
to 8:00 A.M., 8:00 A.M. to 12:00 P.M., 12:00 P.M. to 4:00 P.M., 4:00 P.M. to 8:00 P.M., or
8:00 P.M. to 12:00 A.M.
LARGE MUNICIPAL WASTE COMBUSTOR UNIT means a municipal waste combustor unit
with a capacity greater than 250 tons/day of municipal solid waste.
MASS BURN REFRACTORY MUNICIPAL WASTE COMBUSTOR means a field-erected
combustor that combusts municipal solid waste in a refractory wall furnace. Unless otherwise
specified, this includes combustors with a cylindrical rotary refractory wall furnace.
MASS BURN WATERWALL MUNICIPAL WASTE COMBUSTOR means a field-erected
combustor that combusts municipal solid waste in a waterwall furnace.
MATERIALS SEPARATION PLAN means a plan that identifies a program within a given
service area, to separate mercury, other toxic components or toxic precursors from municipal
solid waste prior to combustion in order to make the separated materials available for recycling
and/or remove the toxic components or their toxic precursors for proper management. A
materials separation plan shall include goals and timetables for attaining the goals. It may
include, but is not limited to, such elements as: centralized drop-off facilities, buy-back or
deposit-return incentives, curbside collection programs, financial incentives to municipalities in
the service area for collection programs, technical assistance programs for municipalities,
institutions and/or businesses within the service area, and personnel to support any such
programs.
MAXIMUM DEMONSTRATED MUNICIPAL WASTE COMBUSTOR UNIT LOAD means
the highest 4-hour arithmetic average municipal waste combustor unit load achieved during four
consecutive hours during the most recent dioxin/furan stack test demonstrating compliance with
the applicable limit for municipal waste combustor organics specified under 310 CMR
7.08(2)(f)(2): Table 2.
MAXIMUM DEMONSTRATED PARTICULATE MATTER CONTROL DEVICE
TEMPERATURE means the highest four-hour arithmetic average flue gas temperature measured
at the particulate matter control device inlet during four consecutive hours during the most recent
dioxin/furan stack test demonstrating compliance with the applicable limit for municipal waste
combustor organics specified under 310 CMR 7.08(2)(f)(2): Table 2.
MODIFICATION or MODIFIED MUNICIPAL WASTE COMBUSTOR UNIT means a
municipal waste combustor unit to which changes have been made if the cumulative cost of the
changes, over the life of the unit, exceed 50% of the original cost of construction and installation
of the unit (not including the cost of any land purchased in connection with such construction
or installation) updated to current costs; or any physical change in the municipal waste
combustor unit or change in the method of operation of the municipal waste combustor unit
which increases the amount of any air pollutant emitted by the unit for which standards have
been established under the Clean Air Act, § 129 or § 11. Whether there is an increase in the
amount of any air pollutant emitted by the municipal waste combustor unit shall be determined
at 100% physical load capability and downstream of all air pollution control devices, with no
consideration given for load restrictions based on permits or other nonphysical operational
restrictions.
MUNICIPAL SOLID WASTE or MUNICIPAL TYPE SOLID WASTE means household,
commercial/retail, and/or institutional waste. Household waste includes material discarded by
single and multiple residential dwellings, hotels, motels, and other similar permanent or
temporary housing establishments or facilities. Commercial/retail waste includes material
discarded by stores, offices, restaurants, warehouses, nonmanufacturing activities at industrial
facilities, and other similar establishments or facilities. Institutional waste includes material
discarded by schools, nonmedical waste discarded by hospitals, material discarded by
nonmanufacturing activities at prisons and government facilities, and material discarded by other
similar establishments or facilities. Household, commercial/retail, and institutional waste does
not include used oil; sewage sludge; wood pallets; construction, renovation, and demolition
waste (which includes, but is not limited to, railroad ties and telephone poles); clean wood;
industrial process or manufacturing waste; medical waste; or motor vehicles (including motor
vehicle parts or vehicle fluff). Household, commercial/retail, and institutional waste includes:
(a) yard waste; and
(b) refuse-derived fuel.
MUNICIPAL WASTE COMBUSTOR or MUNICIPAL WASTE COMBUSTOR UNIT OR
UNIT means any setting or equipment that combusts solid, liquid, or gasified municipal solid
waste including, but not limited to, field-erected incinerators (with or without heat recovery),
modular incinerators (starved-air or excess-air), boilers (i.e., steam generating units), furnaces
(whether suspension-fired, grate-fired, mass-fired, air curtain incinerators, or fluidized bed-fired),
and pyrolysis/combustion units. Municipal waste combustors units do not include
pyrolysis/combustion units located at a plastics/rubber recycling unit as specified in 310 CMR
7.08(2). Municipal waste combustors do not include internal combustion engines, gas turbines,
or other combustion devices that combust landfill gases collected by landfill gas collection
systems.
The boundaries of a municipal solid waste combustor are defined as follows. The municipal
waste combustor unit includes, but is not limited to, the municipal solid waste fuel feed system,
grate system, flue gas system, bottom ash system, and the combustor water system. The
municipal waste combustor boundary starts at the municipal solid waste pit or hopper and
extends through:
(a) The combustor flue gas system, which ends immediately following the heat recovery
equipment or, if there is no heat recovery equipment, immediately following the combustion
chamber;
(b) The combustor bottom ash system, which ends at the truck loading station or similar ash
handling equipment that transfers the ash to final disposal, including all ash handling systems
that are connected to the bottom ash handling system; and
(c) The combustor water system, which starts at the feed water pump and ends at the piping
exiting the steam drum or superheater. The municipal waste combustor unit does not include
air pollution control equipment, the stack, water treatment equipment, or the turbine
generator set.
MUNICIPAL WASTE COMBUSTOR ACID GASES means all acid gases emitted in the
exhaust gases from municipal waste combustor units including, but not limited to, sulfur dioxide
and hydrogen chloride gases.
MUNICIPAL WASTE COMBUSTOR METALS means metals and metal compounds emitted
in the exhaust gases from municipal waste combustor units.
MUNICIPAL WASTE COMBUSTOR ORGANICS means organic compounds emitted in the
exhaust gases from municipal waste combustor units and includes tetra- through octa-
chlorinated dibenzo-p-dioxins and dibenzofurans.
MUNICIPAL WASTE COMBUSTOR PLANT means one or more municipal waste combustor
units at the same facility for which construction was commenced on or before September 20,
1994.
MUNICIPAL WASTE COMBUSTOR UNIT CAPACITY means the maximum charging rate
of a municipal waste combustor unit expressed in tons per day of municipal solid waste
combusted, calculated according to the procedures under 40 CFR 60.58b(j) as last amended
May 10, 2006. 40 CFR 60.58b(j) includes procedures for determining municipal waste
combustor unit capacity for continuous and batch feed municipal waste combustors.
MUNICIPAL WASTE COMBUSTOR UNIT LOAD means the steam load of the municipal
waste combustor unit measured as specified in 40 CFR 60.58b(i)(6) as last amended
May 10, 2006.
PARTICULATE MATTER means total particulate matter emitted from municipal waste
combustor units measured as specified in 40 CFR, Part 60: Appendix A, Reference Method 5.
PLASTICS/RUBBER RECYCLING UNIT means an integrated processing unit where plastics,
rubber, and/or rubber tires are the only feed materials (incidental contaminants may be included
in the feed materials) and they are processed into a chemical plant feedstock or petroleum
refinery feedstock, where the feedstock is marketed to and used by a chemical plant or petroleum
refinery as input feedstock. The combined weight of the chemical plant feedstock and petroleum
refinery feedstock produced by the plastics/rubber recycling unit on a calendar quarter basis shall
be more than 70% of the combined weight of the plastics, rubber, and rubber tires processed by
the plastics/rubber recycling unit on a calendar quarter basis. The plastics, rubber, and/or rubber
tire feed materials to the plastics/rubber recycling unit may originate from the separation or
diversion of plastics, rubber, or rubber tires from MSW or industrial solid waste, and may
include manufacturing scraps trimmings, and off-specification plastics, rubber, and rubber tire
discards. The plastics, rubber, and rubber tire feed materials to the plastics/rubber recycling unit
may contain incidental contaminants (e.g., paper labels on plastic bottles, metal rings on plastic
bottle caps, etc.)
POTENTIAL HYDROGEN CHLORIDE EMISSION CONCENTRATION means the hydrogen
chloride emission concentration that would occur from combustion of municipal solid waste in
the absence of any emission controls for municipal waste combustor acid gases.
POTENTIAL MERCURY EMISSION CONCENTRATION means the mercury emission
concentration that would occur from combustion of municipal solid waste in the absence of any
mercury emissions control.
POTENTIAL SULFUR DIOXIDE EMISSIONS means the sulfur dioxide emission concentration
that would occur from combustion of municipal solid waste in the absence of any emission
controls for municipal waste combustor acid gases.
RECONSTRUCTION means rebuilding a municipal waste combustor unit for which the
reconstruction commenced after June 19, 1996, and the cumulative costs of the construction
over the life of the unit exceed 50% of the original cost of construction and installation of the
unit (not including any cost of land purchased in connection with such construction or
installation) updated to current costs (current dollars).
REFRACTORY UNIT OR REFRACTORY WALL FURNACE means a combustion unit having
no energy recovery (e.g., via a waterwall) in the furnace (i.e., radiant heat transfer section) of the
combustor.
REFUSE-DERIVED FUEL means a type of municipal solid waste produced by processing
municipal solid waste through shredding and size classification. This includes all classes of
refuse-derived fuel including, but not limited to, low-density fluff refuse-derived fuel, densified
refuse-derived fuel and pelletized refuse-derived fuel.
REFUSE-DERIVED FUEL STOKER means a steam generating unit that combusts refuse-
derived fuel in a semisuspension firing mode using air-fed distributors.
SECOND CALENDAR HALF means the period starting July 1st and ending on December 31st
in any year.
SHIFT SUPERVISOR means the person who is in direct charge and control of the operation of
a municipal waste combustor and who is responsible for onsite supervision, technical direction,
management, and overall performance of the facility during an assigned shift.
SMALL MUNICIPAL WASTE COMBUSTOR UNIT means a municipal waste combustor unit
with a municipal waste combustor unit capacity greater than 39 tons per day but equal to or less
than 250 tons per day of municipal solid waste.
STANDARD CONDITIONS means a temperature of 20oC and a pressure of 101.3 kilopascals.
TOTAL MASS DIOXIN/FURAN OR TOTAL MASS means the total mass of tetra- through
octa-chlorinated dibenzo-p-dioxins and dibenzofurans, as determined using 40 CFR, Part
60: Appendix A, Reference Method 23.
TWENTY FOUR-HOUR DAILY AVERAGE OR 24-HOUR DAILY AVERAGE means either
the arithmetic mean or geometric mean (as specified) of all hourly emission concentrations when
the affected unit is operating and combusting municipal solid waste measured over a 24-hour
period between 12:00 A.M. and the 12:00 A.M.
UNTREATED LUMBER means wood or wood products that have been cut or shaped and
include wet, air-dried, and kiln-dried wood products. Untreated lumber does not include wood
products that have been painted, pigment-stained, or "pressure-treated". Pressure treating
compounds include, but are not limited to, chromate copper arsenate, pentachlorophenol, and
creosote.
WATERWALL FURNACE means a combustion unit having energy (heat) recovery in the
furnace (i.e., radiant heat transfer section) of the combustor.
YARD WASTE means grass, grass clippings, bushes, and shrubs that are generated by
residential, commercial/retail, institutional, and/or industrial sources as part of maintenance
activities associated with yards or other private or public lands. Yard waste does not include
construction, renovation, and demolition wastes. Yard waste does not include clean wood.
(d) Designated Pollutants and Operating Practices. 310 CMR 7.08(2) establishes
requirements for the following municipal waste combustor operating practices, pollutants,
opacity and fugitive ash:
1. Operating Practices (Carbon Monoxide (CO), Flue Gas Temp., Load Level)
2. Metals (Mercury (Hg), Lead (Pb), Cadmium (Cd))
3. Particulate Matter (PM)
4. Opacity
5. Organics (Dioxin/Furan)
6. Acid Gases (Sulfur Dioxide (SO2), Hydrogen Chloride (HCl))
7. Nitrogen Oxides (NOx)
8. Fugitive Ash Emissions
(e) Applicability.
1. Large Municipal Waste Combustor Units. 310 CMR 7.08(2) applies in its entirety
to any person who owns, leases, operates or controls a large municipal waste combustor
unit. Applicable requirements and limitations contained in 310 CMR 7.08(2) shall not
supersede, relax or eliminate any more stringent conditions or requirements (e.g.,
emission limitation(s), testing, recordkeeping, reporting, or monitoring requirements)
established by regulation or contained in a facility’s previously issued source specific
plan approval(s) or emission control plan(s).
2. Other Approvals or Permits - A plan approval under 310 CMR 7.02(2) is not required
in order to implement the requirements for 310 CMR 7.08(2) unless construction,
substantial reconstruction or alterations are planned at the facility which are not required
under the requirements at 310 CMR 7.08(2). If the facility has a final operating permit
pursuant to 310 CMR 7:00: Appendix C, the operating permit will be modified upon
approval of the emission control plan, in accordance with the procedures in 310 CMR