CSR 45-18-9
CSR 45-18-9. Requirements for Existing Commercial and Industrial Solid Waste Incinerators
Cite as W. Va. Code R. § 45-18-9
45-18-9. Requirements for Existing Commercial and Industrial Solid Waste Incinerators.
9.1. Requirements for Existing CISWI Units. -- The owner or operator of an existing CISWI unit shall comply with the applicable emission guidelines, compliance times, requirements and provisions of 40 CFR Part 60 Subpart DDDD contained in this section, including any reference methods, performance specifications and other test methods associated with Subpart DDDD. No person shall reconstruct, modify, or operate, or cause to be reconstructed, modified, or operated an existing CISWI unit which results in a violation of the requirements for existing CISWI units set forth in section 9.
9.1.a. Emission limits contained in Table 18-1C;
9.1.b. Compliance dates specified in subsection 9.3, including increments of progress toward compliance specified in that subsection and 40 CFR 60.2575 through 60.2615;
9.1.c. Waste management plan requirements specified in 40 CFR 60.2620 through 60.2630;
9.1.d. Operator training and qualification requirements specified in 40 CFR 60.2635 through 60.2665;
9.1.e. Emission limitations and operating limits specified in 40 CFR 60.2670 through 60.2685;
9.1.f. Performance testing requirements specified in 40 CFR 60.2690 through 60.2695;
9.1.g. Initial compliance requirements in 40 CFR 60.2700 through 60.2705;
9.1.h. Continuous compliance requirements specified in 40 CFR 60.2710 through 60.2725;
9.1.i. Monitoring requirements specified in 40 CFR 60.2730 through 60.2735;
9.1.j. Recordkeeping and reporting requirements specified in 40 CFR 60.2740 through 60.2800; and
9.1.k. Requirements for air curtain incinerators specified in 40 CFR 60.2810 through 60.2870.
9.2. Applicability.
9.2.a. Incineration units that meet all three criteria described in paragraphs 9.2.a.1 through 9.2.a.3 are subject to the requirements for existing CISWI units under section 9.
9.2.a.1. Incineration units that commenced construction on or before November 30, 1999;
9.2.a.2. Incineration units that meet the definition of a CISWI unit as defined in 40 CFR60.2875; and
9.2.a.3. Incineration units not exempt under 40 CFR60.2555.
9.2.b. Physical or Operational Changes.
9.2.b.1. If the owner or operator of a CISWI unit makes changes that meet the definition of modification or reconstruction on or after June 1, 2001, the CISWI unit becomes subject to 40 CFR Part 60, Subpart CCCC under section 8, and the requirements for existing CISWI units under section 9 no longer applies to that unit.
9.2.b.2. If the owner or operator of a CISWI unit makes physical or operational changes to an existing CISWI unit primarily to comply with section 9, the requirements for new CISWI units under section 8 do not apply to that unit. Such changes do not qualify as modifications or reconstructions under section 8 and 40 CFR Part 60, Subpart CCCC.
9.3. Compliance Times.
9.3.a. The Du Pont Washington Works CISWI unit in Wood County shall achieve final compliance with all applicable provisions of this rule by no later than September 30, 2003; the owner or operator of any other existing CISWI unit shall achieve final compliance with all applicable provisions of this section by no later than October 4, 2004.