R 336.1974 Emissions standards for existing commercial and industrial solid waste incinerators.

Rule 974. (1) This rule applies to all existing Commercial and Industrial Solid Waste Incinerator (CISWI) units and all Air Curtain Incinerators (ACIs), defined under 40 CFR 60.2875, adopted by reference in R 336.1902. (2) CISWI units and ACIs that commenced construction by November 30, 1999 must comply with this rule according to 40 CFR 60.2535(a)(1) and (2), adopted by reference in R 336.1902, or date of promulgation of this rule, whichever is later. (3) The following units must comply with this rule according to 40 CFR 60.2535(b), adopted by reference in R 336.1902, or date of promulgation of this rule, whichever is later: (a) Units in the incinerator subcategory or ACIs that commenced construction between November 30, 1999 and June 4, 2010, (b) Units in the incinerator subcategory or ACIs that commenced reconstruction or modification between June 1, 2001 and August 7, 2013, (c) Units in the small remote incinerator, energy recovery, or waste-burning kiln subcategories that commenced construction before June 4, 2010. (4) CISWI units that are exempt under 40 CFR 60.2555, adopted by reference in R 336.1902, are exempt from this rule if the applicable requirements listed in 40 CFR 60.2555 are followed. (5) A CISWI unit or ACI is still subject to this rule, and not 40 CFR part 60, subpart CCCC, if the owner or operator makes physical or operational changes primarily to comply with this rule. However, modification or reconstruction of a CISWI unit or ACI made after August 7, 2013 makes that unit subject to 40 CFR part 60, subpart CCCC, and not this rule. (6) Owners and operators of CISWI units and ACIs subject to this rule must comply with the following reporting requirements and timelines of 40 CFR part 60, subpart DDDD, “Emission Guidelines and Compliance Times for Commercial and Industrial Solid Waste Incineration Units,” adopted by reference in R 336.1902: (a) Final control plan and notification of final compliance required under 40 CFR 60.2575 to 60.2600, and 60.2815 to 60.2840 by the compliance date of this rule. (b) Waste management plan required under 40 CFR 60.2620 to 60.2630 by the compliance date of this rule. (c) Report submittal requirement under 40 CFR 60.2760 for the initial test results obtained under 40 CFR 60.2700, site-specific operating limits established under 40 CFR 60.2675 or 60.2680, and fabric filter documentation required by 40 CFR 60.2730(b). (d) Annual report requirements under 40 CFR 60.2765 and 60.2770. (e) Deviation report requirements under 40 CFR 60.2775, 60.2780, and 60.2785. (f) Notification and recordkeeping required under 40 CFR 60.7. (40 CFR 60.7 is adopted by reference in R 336.1902). (g) Notification and timing requirements under 40 CFR 60.2790(b) of continued operation with waste-to-fuel switch. (7) Owners and operators of CISWI units and ACIs subject to this rule must comply with the following applicable sections of 40 CFR part 60, subpart DDDD, adopted by reference in R 336.1902: (a) Achieving final compliance in 40 CFR 60.2605 and 60.2845. (b) Closing or reopening of unit in 40 CFR 60.2610 to 60.2615, and 60.2850 to 60.2855. (c) Waste management plan in 40 CFR 60.2620 to 60.2630. (d) Operator training and qualifications in 40 CFR 60.2635 to 60.2665. (e) Emission and operating limits in 40 CFR 60.2670 to 60.2680, 60.2860, and the applicable Tables 2 to 3 and 6 to 9. (f) Performance testing in 40 CFR 60.2690 to 60.2695. (g) Initial and continuous compliance and inspection of control equipment in 40 CFR 60.2700 to 60.2725, 60.2865 and 60.8 (40 CFR 60.8 is adopted by reference in R 336.1902). (h) Monitoring in 40 CFR 60.2730 to 60.2735, and 60.2865. (i) Recordkeeping in 40 CFR 60.2660(a), 60.2740 to 60.2745, and 60.2870. (j) Title V Operating Permit requirements in 40 CFR 60.2805. (k) Toxic Equivalency Factors in Table 4. (l) Definitions in 40 CFR 60.2875. (m) Reporting formats and date changes in 40 CFR 60.2795 and 60.2800. (n) Air curtain incinerator requirements in 40 CFR 60.2810. (8) For the purposes of this rule, the terms “administrator” and “EPA” as used in 40 CFR part 60, subpart DDDD, mean the department, except in the authorities retained by the U.S. EPA in 40 CFR 60.2542.