15A NCAC 02D .1205. LARGE MUNICIPAL WASTE COMBUSTORS

(a)  Applicability.  This Rule applies to large municipal waste combustors as defined in Rule .1202 of this Section.

(b)  Definitions.  For the purpose of this Rule, the definitions contained in 40 CFR 60.31b (except administrator means the Director of the Division of Air Quality) apply in addition to the definitions in Rule .1202 of this Section.

(c)  Emission Standards.

(1)           The emission standards in this Paragraph apply to any municipal waste combustor subject to the requirements of this Rule except where Rule .0524, .1110, or .1111 of this Subchapter applies. However, when Subparagraphs (13) or (14) of this Paragraph and Rule .0524, .1110, or .1111 of this Subchapter regulate the same pollutant, the more restrictive provision for each pollutant apply, notwithstanding provisions of Rules .0524, .1110, or .1111 of this Subchapter to the contrary.

(2)           Particulate Matter.  Emissions of particulate matter from each municipal waste combustor shall not exceed 25 milligrams per dry standard cubic meter corrected to seven percent oxygen.

(3)           Visible Emissions.  The emission limit for opacity from any municipal waste combustor shall not exceed 10 percent (6-minute average).

(4)           Sulfur Dioxide.  Emissions of sulfur dioxide from each municipal waste combustor shall be reduced by at least 75 percent by weight or volume or to no more than 29 parts per million by volume, whichever is less stringent.  Percent reduction shall be determined from continuous emissions monitoring data and according to Reference Method 19, Section 12.5.4 of 40 CFR Part 60 Appendix A-7.  Compliance with either standard is based on a 24-hour daily block geometric average of concentration data corrected to seven percent oxygen (dry basis).

(5)           Nitrogen Oxide.  Emissions of nitrogen oxides from each municipal waste combustor shall not exceed the emission limits in Table 1 to Subpart Cb of Part 60 "Nitrogen Oxide Guidelines for Designated Facilities."  Nitrogen oxide emissions averaging is allowed as specified in 40 CFR 60.33b(d)(1)(i) through (d)(1)(v).  If nitrogen oxide emissions averaging is used, the emissions shall not exceed Table 2 to Subpart Cb of Part 60 "Nitrogen Oxides Limits for Existing Designated Facilities Included in an Emission Averaging Plan at a Municipal Waste Combustor Plant."

(6)           Odorous Emissions.  Each municipal waste combustor shall comply with Rule .1806 of this Subchapter for the control of odorous emissions.

(7)           Hydrogen Chloride.  Emissions of hydrogen chloride from each municipal waste combustor shall be reduced by at least 95 percent (simultaneously at the inlet and outlet data sets with a minimum of three valid test periods, the length of each test period shall be a minimum of one-hour); or shall not exceed, as determined by Reference Method 26 or 26A of 40 CFR Part 60 Appendix A-8, more than 29 parts per million volume, whichever is less stringent.  Compliance with this Subparagraph shall be determined by averaging emissions over three 1-hour test runs, with paired data sets for percent reduction and correction to seven percent oxygen (dry basis).

(8)           Mercury Emissions.  Emissions of mercury from each municipal waste combustor shall be reduced by at least 85 percent by weight of potential mercury emissions (simultaneously at the inlet and outlet data sets with a minimum of three valid test periods, the length of each test period shall be a minimum of one-hour); or shall not exceed, as determined by Reference Method 29 of 40 CFR Part 60 Appendix A-8 or ASTM D6784-02 (Ontario Hydro method), more than 50 micrograms per dry standard cubic meter, whichever is less stringent.  Compliance with this Subparagraph shall be determined by averaging emissions over three 1-hour test runs corrected to seven percent oxygen (dry basis).

(9)           Lead Emissions.  Emissions of lead from each municipal waste combustor shall not exceed, as determined by Reference Method 29 of 40 CFR Part 60 Appendix A-8, 400 micrograms per dry standard cubic meter and corrected to seven percent oxygen.

(10)         Cadmium Emissions.  Emissions of cadmium from each municipal waste combustor shall not exceed, as determined by Reference Method 29 of 40 CFR Part 60 Appendix A-8, 35 micrograms per dry standard cubic meter and corrected to seven percent oxygen.

(11)         Dioxins and Furans.  Emissions of dioxins and furans from each municipal waste combustor:

(A)          that employs an electrostatic precipitator-based emission control system, shall not exceed 35 nanograms per dry standard cubic meter (total mass dioxins and furans).

(B)          that does not employ an electrostatic precipitator-based emission control system, shall not exceed 30 nanograms per dry standard cubic meter (total mass dioxins and furans). Compliance with this Subparagraph shall be determined by averaging emissions over three test runs with a minimum of four hour duration per test run, performed in accordance with Reference Method 23 of 40 CFR Part 60 Appendix A-7, and corrected to seven percent oxygen.

(12)         Fugitive Ash.

(A)          On or after the date on which the initial performance test is completed, no owner or operator of a municipal waste combustor shall cause to be discharged to the atmosphere visible emissions of combustion ash from an ash conveying system (including conveyor transfer points) in excess of five percent of the observation period (i.e., nine minutes per three-hour block period), as determined by visible emission observations using Reference Method 22 of 40 CFR 60 Appendix A-7, except as provided in Part (B) of this Subparagraph.  Compliance with this Part shall be determined from at least three one-hour observation periods when the facility transfers ash from the municipal waste combustor to the area where the ash is stored or loaded into containers or trucks.

(B)          The emission limit specified in Part (A) of this Subparagraph covers visible emissions discharged to the atmosphere from buildings or enclosures, not the visible emissions discharged inside of the building or enclosures, of ash conveying systems.

(13)         Toxic Emissions.  The owner or operator of a municipal waste combustor shall demonstrate compliance with Section .1100 of this Subchapter according to 15A NCAC 02Q .0700.

(14)         Ambient Standards.

(A)          In addition to the ambient air quality standards in Section .0400 of this Subchapter, the following are annual average ambient air quality standards in milligrams per cubic meter at 77 degrees F (25 degrees C) and 29.92 inches (760 mm) of mercury pressure:

(i)            arsenic and its compounds                                                2.3x10-7

(ii)           beryllium and its compounds                            4.1x10-6

(iii)          cadmium and its compounds                           5.5x10-6

(iv)          chromium (VI) and its compounds                  8.3x10-8

These are increments above background concentrations and apply aggregately to all municipal waste combustors at a facility subject to this Rule.

(B)          The owner or operator of a facility with municipal waste combustors shall demonstrate compliance with the ambient standards in Subparts (i) through (iv) of Part (A) of this Subparagraph by following the procedures set out in Rule .1106 of this Subchapter. Modeling demonstrations shall comply with the good engineering practice stack height requirements of Rule .0533 of this Subchapter.

(C)          The emission rates computed or used under Part (B) of this Subparagraph that demonstrate compliance with the ambient standards under Part (A) of this Subparagraph shall be specified as a permit condition for the facility with municipal waste combustors as their allowable emission limits unless Rule .0524, .1110, or .1111 of this Subchapter requires more restrictive rates.

(15)         The emission standards of Subparagraphs (1) through (14) of this Paragraph apply at all times except during periods of municipal waste combustor startup, shutdown, or malfunction that last no more than three hours.

(d)  Operational Standards.

(1)           The operational standards in this Rule do not apply to any municipal waste combustor when applicable operational standards in Rule .0524, .1110, or .1111 of this Subchapter apply.

(2)           Each municipal waste combustor shall meet the following operational standards:

(A)          The concentration of carbon monoxide at the municipal waste combustor outlet shall not exceed the applicable emissions level contained in Table 3 to Subpart Cb of Part 60 "Municipal Waste Combustor Operating Guidelines."

(B)          The load level shall not exceed 110 percent of the maximum demonstrated municipal waste combustor load determined from the highest 4-hour block arithmetic average achieved during four consecutive hours in the course of the most recent dioxins and furans stack test that demonstrates compliance with the emission limits of Paragraph (c) of this Rule.

(C)          The combustor operating temperature measured at the particulate matter control device inlet shall not exceed 63 degrees F above the maximum demonstrated particulate matter control device temperature from the highest 4-hour block arithmetic average measured at the inlet of the particulate matter control device during four consecutive hours in the course of the most recent dioxins and furans stack test that demonstrates compliance with the emission limits of Paragraph (c) of this Rule.

(D)          The owner or operator of a municipal waste combustor with activated carbon control system to control dioxins and furans or mercury emissions shall maintain an eight-hour block average carbon feed rate at or above the highest average level established during the most recent dioxins and furans or mercury test.

(E)           The owner or operator of a municipal waste combustor is exempted from limits on load level, temperature at the inlet of the particular matter control device, and carbon feed rate during:

(i)            the annual tests for dioxins and furans;

(ii)           the annual mercury tests for carbon feed requirements only;

(iii)          the two weeks preceding the annual tests for dioxins and furans;

(iv)          the two weeks preceding the annual mercury tests (for carbon feed rate requirements only); and

(v)           any activities to improve the performance of the municipal waste combustor or its emission control including performance evaluations and diagnostic or new technology testing.

The municipal waste combustor load limit continues to apply and remains enforceable until and unless the Director grants a waiver in writing.

(F)           The limits on load level for a municipal waste combustor are waived when the Director concludes that the emission control standards would not be exceeded based on test activities to evaluate system performance, test new technology or control technology, perform diagnostic testing, perform other activities to improve the performance; or perform other activities to advance the state of the art for emissions controls.

(3)           The operational standards of this Paragraph apply at all times except during periods of municipal waste combustor startup, shutdown, or malfunction that last no more than  three hours, with the following exception:  For the purpose of compliance with the carbon monoxide emission limits in Subparagraph (2) of this Paragraph, if a loss of boiler water level control (e.g., boiler waterwall tube failure) or a loss of combustion air control (e.g., loss of combustion air fan, induced draft fan, combustion grate bar failure) is determined to be a malfunction according to 15A NCAC 02D .0535, the duration of the malfunction period is limited to 15 hours per occurrence.  During such periods of malfunction, monitoring data shall be dismissed or excluded from compliance calculations, but shall be recorded and reported in accordance with the provisions of Paragraph (f) of this Rule.

(e)  Test Methods and Procedures.

(1)           The test methods and procedures described in Section .2600 of this Subchapter and in Parts (A) through (K) in this Subparagraph shall be used to demonstrate compliance:

(A)          40 CFR 60.58b(b) for continuous emissions monitoring of oxygen or carbon monoxide at each location where carbon monoxide, sulfur dioxide, or nitrogen oxides are monitored;

(B)          40 CFR 60.58b(c) for determination of compliance with particulate and opacity emission limits.  The data from the continuous opacity monitoring system shall not be used to determine compliance with the opacity limit.

(C)          40 CFR 60.58b(d) for determination of compliance with emission limits for cadmium, lead and mercury;

(D)          40 CFR 60.58b(e) for determination of compliance with sulfur dioxide emission limits from continuous emissions monitoring data;

(E)           40 CFR 60.58b(f) for determination of compliance with hydrogen chloride emission limits;

(F)           40 CFR 60.58b(g) for determination of compliance with dioxin/furan emission limits;

(G)          40 CFR 60.58b(h) for determination of compliance with nitrogen oxides limits from continuous emission monitoring data;

(H)          40 CFR 60.58b(i) for determination of compliance with operating requirements under Paragraph (d);

(I)            40 CFR 60.58b(j) for determination of municipal waste combustor capacity;

(J)            40 CFR 60.58b(k) for determination of compliance with the fugitive ash emission limit; and

(K)          40 CFR 60.58b(m)(1) to determine parametric monitoring for carbon injection control systems.

(2)           Method 29 of 40 CFR Part 60 Appendix A-8 shall be used to determine emission rates for metals. However, Method 29 shall be used only to collect sample for chromium (VI), and SW 846 Method 0060 shall be used for the analysis.

(3)           The owner or operator shall conduct initial stack tests to measure the emission levels of dioxins and furans, cadmium, lead, mercury, beryllium, arsenic, chromium (VI), particulate matter, opacity, hydrogen chloride, and fugitive ash.  Annual stack tests for the same pollutants except beryllium, arsenic, and chromium (VI) shall be conducted no less than 9 months and no more than 15 months since the previous test and must complete five performance tests in each 5-year calendar period.

(4)           The testing frequency for dioxin and furan may be reduced to the alternative testing schedule specified in 40 CFR 60.58b(g)(5)(iii) if the owner or operator notifies the Director of the intent to begin the reduced dioxin and furan performance testing schedule during the following calendar year.

(5)           The owner or operator of an affected facility may request that compliance with the dioxin and furan emission limit be determined using carbon dioxide measurements corrected to an equivalent of seven percent oxygen.  The relationship between oxygen and carbon dioxide levels for the affected facility shall be established as specified in 40 CFR 60.58b(b)(6).  The Director will approve the request after verification of the correct calculations that provides the relationship between oxygen and carbon dioxide levels and of the completeness of stack test data used to establish the relationship between oxygen and carbon dioxide levels.

(6)           The Director may require the owner or operator of any municipal waste combustor subject to this Rule to test his municipal waste combustor to demonstrate compliance with the emission standards in Paragraph (c) of this Rule.

(f)  Monitoring, Recordkeeping, and Reporting.

(1)           The owner or operator of a municipal waste combustor shall comply with the monitoring, recordkeeping, and reporting requirements in Section .0600 of this Subchapter.

(2)           The owner or operator of a municipal waste combustor that has installed air pollution abatement equipment to reduce emissions of hydrogen chloride shall install, operate, and maintain continuous monitoring equipment to measure pH for wet scrubber systems and rate of alkaline injection for dry scrubber systems.

(3)           The owner or operator of a municipal waste combustor shall:

(A)          install, calibrate, operate, and maintain, for each municipal waste combustor, continuous emission monitors to determine:

(i)            sulfur dioxide concentration;

(ii)           nitrogen oxides concentration;

(iii)          oxygen or carbon dioxide concentration;

(iv)          opacity according to 40 CFR 60.58b(c); and

(v)           carbon monoxide at the combustor outlet and record the output of the system and shall follow the procedures and methods specified in 40 CFR 60.58b(i)(3);

(B)          monitor the load level of each municipal waste combustor according to 40 CFR 60.58b(i)(6);

(C)          monitor the temperature of each municipal waste combustor flue gases at the inlet of the particulate matter air pollution control device according to 40 CFR 60.58b(i)(7);

(D)          monitor carbon feed rate of each municipal waste combustor carbon delivery system and total plant predicted quarterly usage if activated carbon is used to abate dioxins and furans or mercury emissions according to 40 CFR 60.58b(m)(2) and (m)(3);

(E)           maintain records of the information listed in 40 CFR 60.59b(d)(1) through (d)(15) for a period of at least five years;

(F)           following the first year of municipal combustor operation, submit an annual report specified in 40 CFR 60.59b(g) for municipal waste combustors no later than February 1 of each year following the calendar year in which the data were collected.  Once the municipal waste combustor is subject to permitting requirements under 15A NCAC 02Q .0500, Title V Procedures, the owner or operator of an affected facility shall submit these reports semiannually; and

(G)          submit a semiannual report specified in 40 CFR 60.59b(h) for each municipal waste combustor for any recorded pollutant or parameter that does not comply with the pollutant or parameter limit specified in this Section, according to the schedule specified in 40 CFR 60.59b(h)(6).

(g)  Excess Emissions and Start-up and Shut-down. All municipal waste combustors shall comply with Rule .0535, Excess Emissions Reporting and Malfunctions, of this Subchapter.

(h)  Operator Certification.

(1)           Each facility operator and shift supervisor shall have completed full certification or scheduled a full certification exam with the American Society of Mechanical Engineers (ASME QRO-1-1994).

(2)           The requirement to complete full certification or schedule a full certification exam with the American Society of Mechanical Engineers (ASME QRO-1-1994) does not apply to chief facility operators, shift supervisors, and control room operators who have obtained full certification from the American Society of Mechanical Engineers on or before July 1, 1998.

(3)           No owner or operator of an affected facility shall allow the facility to be operated at any time unless one of the following persons is on duty and at the affected facility;

(A)          a fully certified chief facility operator;

(B)          a provisionally certified chief facility operator who is scheduled to take the full certification exam within six months;

(C)          a fully certified shift supervisor; or

(D)          a provisionally certified shift supervisor who is scheduled to take the full certification exam within six months.

(4)           Operator Substitution

(A)          A provisionally certified control room operator may perform the duties of the certified chief facility operator or certified shift supervisor if both are off site for 12 hours or less and no other certified operator is on site.

(B)          If the certified chief facility operator and certified shift supervisor are both off site for longer than 12 hours but for two weeks or less, then the owner or operator of the affected facility must record the period when the certified chief facility operator and certified shift supervisor are off site and include that information in the annual report as specified under 60.59b(g)(5).

(C)          If the certified chief facility operator and certified shift supervisor are off site for more than two weeks, and no other certified operator is on site, the provisionally certified control room operator may perform the duties of the certified chief facility operator or certified shift supervisor.  However, the owner or operator of the affected facility must notify the Director in writing and state what caused the absence and actions are being taken to ensure that a certified chief facility operator or certified shift supervisor is on site as expeditiously as practicable.  The notice shall be delivered within 30 days of the start date of when the provisionally certified control room operator takes over the duties of the certified chief facility operator or certified shift supervisor.  A status report and corrective action summary shall be submitted to the Director every four weeks following the initial notification.

(D)          If the Director provides notice that the status report or corrective action summary is disapproved, the municipal waste combustor may continue operation for 90 days, but then must cease operation.  If corrective actions are taken in the 90-day period such that the Director withdraws the disapproval, municipal waste combustor operation may continue.

(E)           The Director shall disapprove the status report or corrective action summary report, described in Part (C) of this Subparagraph, if operating permit requirements are not being met, the status and corrective action reports indicate that the effort to have a certified chief facility operator or certified shift supervisor on site as expeditiously as practicable is not being met, or the reports are not delivered in a timely manner.

(5)           A provisionally certified operator who is newly promoted or recently transferred to a shift supervisor position or a chief facility operator position at the municipal waste combustion facility may perform the duties of the certified chief facility operator or certified shift supervisor without notice to, or approval by, the Director for up to six months before taking the ASME QRO - Certification for Municipal Solid Waste Combustion Facilities Operators.

(6)           If the certified chief facility operator and certified shift supervisor are both unavailable, a provisionally certified control room operator who is scheduled to take the full certification exam, may fulfill the requirements of this Subparagraph.

The referenced ASME exam (ASME QRO-1-1994), "Standard for the Qualification and Certification of Resource Recovery Facility Operators," in this Paragraph is hereby incorporated by reference and includes subsequent amendments and editions.  Copies of the referenced ASME exam may be obtained from the American Society of Mechanical Engineers (ASME), 22 Law Drive, Fairfield, NJ 07007, at a cost of forty-nine dollars ($49.00).

(i)  Training.

(1)           The owner or operator of each municipal waste combustor shall develop and update on a yearly basis a site-specific operating manual that shall address the elements of municipal waste combustor operation specified in 40 CFR 60.54b(e)(1) through (e)(11). The operating manual shall be kept in a readily accessible location for all persons required to undergo training under Subparagraph (2) of this Paragraph. The operating manual and records of training shall be available for inspection by the personnel of the Division on request.

(2)           The owner or operator of the municipal waste combustor plant shall establish a training program to review the operating manual according to the schedule specified in Parts (A) and (B) of this Subparagraph with each person who has responsibilities affecting the operation of the facility including chief facility operators, shift supervisors, control room operators, ash handlers, maintenance personnel, and crane and load handlers:

(A)          A date prior to the day when the person assumes responsibilities affecting municipal waste combustor operation; and

(B)          Annually, following the initial training required by Part (A) of this Subparagraph.

 

History Note:        Authority G.S. 143-215.3(a)(1); 143-215.107(a)(3),(4),(5); 40 CFR 60.35b; 40 CFR 60.34e; 40 CFR 60.1515;

Eff. October 1, 1991;

Amended Eff. July 1, 2000; July 1, 1999; July 1, 1998; July 1, 1996; April 1, 1995;

Temporary Amendment Eff. March 1, 2002;

Amended Eff. August 1, 2002;

Temporary Amendment Eff. March 1, 2003;

Temporary Amendment Expired December 12, 2003;

Amended Eff. July 1, 2010; April 1, 2004.