# ____________

_______________________ S t a t e I m p l e m e n t a t i o n P l a n R e v i s i o n P a c k a g e

Revisions To The Maricopa County Air Pollution Control Regulations
Rule 313

– Incinerators, Burn

- Off Ovens, And Crematories

____________________________________________________ Prepared By Maricopa County Air Quality Department Planning & Analysis Division 1001 North Central Avenue, Suite 125 Phoenix, Arizona 85004 (602) 506

- 0169

# _______________________________ ____________ ___ C o m p l e t e n e s s C h e c k l i s t

### C o m p l e t e n e s s C h e c k l i s t

1. Agency: Maricopa County Air Quality Department

2. Submitted Rule:
Number Title Adoption Date
313 Incinerators, Burn

- Off Ovens 07/13/88 And Crematories 04/07/93 09/22/04 05/09/12

3. EPA Analogous Approved Rule (Applicable SIP): The EPA analogous approved rule is Rule 35, which was submitted to the EPA on May 30, 1972 and published in the Federal Register on July 27, 1972 (37 FR 15081).

4. State/District Authority For Adoption/Implementation: A.R.S. §49

- 479

5

. Pollutants Regulated By Rule:
PM  , SO X ___, VOC___, NOx___, CO___, Pb___

6. Identification Of Sources By Name Or Number/Location (City, County, Or District) Area's Attainment And Plan Status (Group By Size/Subcategory, If Necessary):
Rule 313 establishes standards and particulate matter emission limitations for incinerators, burn

- off ovens, and crematories

.

PM 10 Classification: Serious (As of June 1996) Carbon Monoxide Classification: Attainment (As of April 2005) Ozone Classification: Marginal (As o f June 2012 )
PM 2.5 Classification: Unclassified/Attainment (As of March 2011)

7. Summary Of Rule/Rule Changes: Rule 313 was first passed in 1988, was amended in 1993, and was amended again in 2004. In the amendments in 2004, a newer technology was extended for use, the continuous opacity monitoring system (COMS), which could permit incin erator operation at night and allowed flexibility for alternate operating conditions for existing incinerators, burn

- off ovens and crematories. Night burning was permitted by this rule but only if there is a Continuous Opacity Monitoring System (COMS) operating at all times and a properly trained operator present. The new COMS requirement for nighttime operations was included in the 2004 routine permit renewal for an industrial electric motor/engine reclamation business. This stakeholder requested to operate into the nighttime without a COMS unit because their facility did not have a COMS
installed on the stack of their parts reclamation unit. The parts reclamation unit is a specific type of burn

- off oven whose stack diameters are typic ally less than 10 inches and a COMS installation requires a 10 inch or greater stack diameter. This facility provided perfor mance test data demonstrating that operating a parts reclamation unit for 16

– 18 hours per day without a COMS produced no visible emissions (well below the 20% opacity limit required by the rule). This facility needed to operate their parts reclamation units with low temperatures and longer time perio ds,
16

– 18 hours per day

, to avoid product deformation.
From the information submitted by the facility

, t he department determined that nighttime operations by the stakeholder, if conducted without a COMS, would not interfere with previously
achieved emissio ns reductions, provided two conditions were met: (1) the stakeholder produce novisible emissions during the nighttime operations or during performance testing and (2) the stakeholder conduct visible emissions observations at least once per hour during eac h nighttime combustion cycle. The department issued Conditional Order 2009

- 002, which allowed the stakeholder to condi tionally operate its parts reclamation unit after sundown without requiring the installation of a COMS, a deviation from the requirements of Maricopa County Air Pollution Control Regulation III, Rule 313, Section 304.1. Since Conditional Order 2009

- 002 will expire on November 4, 2012 this rule has been revised to include the conditional nighttime burning requirements without the COMs. Other issues included in this rule revision include :

 Upda t ing requirements for sources subject to filing an O&M Plan for an Emission Control System (ECS). The additions provide greater O&M Plan consistency and update this rule
to be consistent with other department rules

.

 D ocumentation required to determine the absence of visible emissions during nighttime operations both with and without a COMS installation ;

 C onditions to qualify for an exception from the COMS requirement;

 D efinition of “pyrolysis/comb ustion unit”;

 R equirements for COMS unit calibration.

8. Rule's Effect On Emissions: Crematories are not affected by this rule revision because human and animal crematories are incinerators that are not permitted to combust during the nighttime without a COMS unit. Only parts reclamation units are permitted to operate at night.

The overall intent of the CAA provisions is that section 129 combustion rules apply mostly to devices conventionally regarded as incinerators, that is, devices combusting wastes in order to destroy the wastes. For purposes of promulgating regulations and the current primary revisions of
this rule , it is particularly important to distinguish between a commercial and industrial solid waste incinerator that destroys was tes and a part s reclamation/burn

- off oven whose function is to clean residual materials off of various metal parts, for salvage and then are reused. Less than 20 facilities with burn

- off ovens have permits in Maricopa County and none of those facili ties are total
destr uction waste incinerators, rather they are burn

- off oven units or parts reclamation units that are intended for salvage purposes only. These latter parts reclamation units are typically small (<1 MMBtu/hr) combustion units that are used to clean residual m aterials off of various metal parts, which are then reused. These small parts reclamation units are found to emit minimal emissions. The Maricopa County 2008 periodic PM 10 emissions inventory that was developed to meet require ments set forth in Title I of the Clean Air Act Amendments of 1990 (CAAA) estimates that emissions in Maricopa County reported from all types of facilities with incinerators is 0.06 tons for a year or 120 lbs. of emissions total for a year.

9. Demonstration That NAAQS/PSD Increments/ RFP Demonstration Are Protected (As Appropriate): Rule 313 strengthens the SIP by limiting the amount of PM 10 emitted from incinerators, burn

- off ovens, and crematories. With the amendments in 2004 and 2012 , Rule 313 updates the rule language to recognize newer technology and to address a petition by a stakeholder to allow burning at night with a COMS unit and to conditionally allow burning at night without a COMs unit

.

10. Modeling Information Used To Support Rule Revision: Rule 313 strengthens the SIP b y limiting the amount of PM 10 emitted from incinerators, burn

- off ovens, and crematories. With the amendments in 2004 and 2012 , Rule 313 updates the rule language to recognize newer technology and to address a petition by a stakeho lder to allow burning

at night at night with a COMS unit and to conditionally allow burning at night without a COMs unit.11. Evidence That Emissions Limitations Are Based On Continuous Emission Reduction Technology, Add

- On Controls, Reformulated Materials, And/Or Industrial/Process Equipment Designs:
Rule 3 13 includes control requirements in Section 301 through Section 304 and additional requirements for air pollution control equipment in Section 305.

12. Identification Of Section/Paragraph In Rule That Contain s Emission Limitations, Work Practice Standards, Averaging Times, Test Procedures And/Or Recordkeeping/Reporting Requirements:
W ork practice stan dards are described in the following sections in Rule 3 1 3 : 301

– Controls Required
302

– Emissions Standard

- Opacity
303

– Emissions Standard

- Particulates
30 4

– Night time Combustion
305

– Operation and Maintenance (O&M) Plan Requirements for Air Pollution Control Equipment and Approved Emission Control System (ECS)

Exemptions are de scribed in Rule 313, Section 103

.
Recordkeeping/reporting requirements are described in Rule 31 3, Section 501 through section
506

.

Test methods are described in Rule 31 3 , Section 507

.

13. Compliance/Enforcement Strategies To Be Used To Determine Compliance (Including Frequency Of Inspection): Rule 313 requirements are administered through a visual inspection program and/or a permit program that includes review of permits, inspection of work sites, performance of compliance t est methods, and review of records and activities. Maricopa County’s enforcement options include: compliance status notification, notice of violation, follow

- up inspection/investigation, Department reports, referral to County Attorney, review by Enforcemen t Officer, order of abatement by consent, order of abatement, civil complaint, notice to appear and complaint (criminal complaint), injunctive relief, photographs, videos, compliance inspection reports, correspondence, records, other applicable documentati on, and analytical tests.

14. Special Economic/Technological Justifications For Deviations From EPA Policies (As Appropriate):
Rule 31 3 does not deviate from EPA policies.

15. Other Comments Attached Support Documentation Includes The Following:

Appendix 1 Notice of Proposed Rulemaking Appendix 2 Agenda Form And Notice of Final Rulemaking Appendix 3 Notice of Public Hearing Appendix 4 Affidavit of Publication Appendix 5 Certified Excerpts From The Minutes Of The Board Of Supervisors' Public He aring Appendix 6 Final Adopted Version Of Rule

### F o r E P A U s e O n l y

SIP RULE REVISION IS: ______ COMPLETE _____ INCOMPLETE

Name Telephone Number

District Contact: Johanna Kuspert (602) 506

- 67 10

State Contact : Diane Arnst (602) 771

- 237 5

EPA Contact:

State Submittal Date:

### E P A S I P E n f o r c e a b i l i t y S t a t e m e n t

1. APPLICABILITY

a. What sources are being regulated?
Rule 3 13 establishes standards and particulate matter emission limitations for incinerators, burn

- off ovens, and crematories.

b. What exemptions are provided? Exemptions are described in Rule 313, Section 103. Exemptions are provided for laboratory ovens, environmental test chambers, ovens used in research facilities, flares, curing or drying ovens that are operated at temperatures lower than 600°F, and electric induction furnaces, Burning

- off of pre

- cleaned items consisting entirely of metal and containing no debris visible to the naked eye. Pre

- cleaning shall be done by flushing with water, solvent and/or mechanical means.

c. What are the units of compliance? Temp erature (in degrees F), residence time (in seconds), opacity (in percent), and particulate matter emissions (in grains per cubic feet of dry flue gas).

d. Is bubbling or averaging of any type allowed?
No.

e. If there is a redesignation, will this change the emission limitations?
No.

2. COMPLIANCE DATES

a. What is the compliance date? An owner and/or operator subject to Rule 313 must meet all the applicable requirements by May 9, 2012

.

b. What is the attainment date?
P articulates attainment date: December 31, 2006 C O attainment date : December 31, 2000 Ozone attainment date: December 31, 2015

3. SPECIFICITY OF CONDUCT

a. What test method is required? Rule 313, Section 50 7 describes test methods as follows:

● For determining total particulate matter, EPA Methods 1 through 5, or their EPA alternates approved by the Control Officer, shall be used. Both carbon monoxide and oxygen measurements shall be obtained simultaneously with each Method 5 run.

 Determination of v isible emissions compliance shall be made by a certified emissions observer or by a continuous emission monitor which is maintained and calibrated in accordance with EPA Performance Specification #1 (40 CFR, Part 60, Appendix B). The observer shall be qual ified as an expert visible emissions evaluator and so certified by the Arizona Department of Environmental Quality or by any other agency that is acceptable to the Control Officer. Opacity shall be determined by observations of visible emissions conducted in accordance with EPA Reference Method 9 as modified by EPA Reference Method
203 B.

 The presence or absence of visible emissions shall be detected using EPA Reference Method 22.

b. What is the averaging time in the compliance test method?
Not applicable.

4. RECORDKEEPING :

a. What records are required to determine compliance?

 Rule 313, Section 501 describes recordkeeping requirements for incinerators,
burn

- off ovens and crematories that will be kept on a daily basis and are as follows:
1. Times of operation;
2. Chamber temperatures: Chamber temperatures shall include operating temperatures for the secondary chamber as well as secondary chamber temperature at the time of the igni tion of the primary chamber.
3. Weight of the materials incinerated shall be determined as follows:

a. Incinerators: Total weight charged. b. Crematories: ( 1 ) Human Crematories: Account for the numbers of bodies cremated; or ( 2 ) Animal Crematories: Account for either the number and type of remains charged or the weight of the animal(s) charged; or ( 3 ) Large Bodies: If a human or animal crematory combusts a large body (over 300 lbs.), the approximate weight of the body and any alternative operating condi tions shall
be recorded.

 OPACITY OBSERVATIONS: An owner or operator sh all keep records of opacity
observa tions used to measure visible emissions from activities regulated by this rule. The records shall be compiled, maintained, and retained for each day or night that any activity capable of gener ating emissions is conducte d. These written records shall include the following information:
1. Date, time, and location of all opacity observations; and
2. Results of all opacity observations; and
3. Corrective action(s) taken, if any.

 NIGHTTIME COMBUSTION: An owner or operator conducting nighttime combustion operations shall comply with the following requirements:
1. Nighttime Combustion With a COMS:

a. Maintain a continuous record of opacity readings generated by the COMS. Records shall include all times that the meter is running properly. R ecords shall also indicate when the instrument is inoperative or has been adjusted or repaired.
b. Record the date and time identifying each period during which the COMS was inoperative, except for zero and span checks, and the nature of system repair or a djustment shall be reported. The Control Officer may request proof of COMS performance whenever system repairs or adjustments, other than routine mainte nance, have been made.c. Maintain a file of all data collected by the COMS and as necessary to convert monitoring data to the units of the applicable standard as described for compliance with Section 507.3 of this rule.
2. Nighttime Combustion Without a COMS

– Parts Reclamation Unit: Maintain records of the visible emissions observations taken at night during each combustion cycle for each parts reclamation unit as required by Section 507.4 of this rule. These records shall include the following:

a. Date, time, and location of all visible emission observations; and
b. Results of all visible emission observations; and

c

. Corrective action(s) taken, if any.

 PREVENTATIVE MAINTENANCE LOG: Maintain a log of equipment preventive
mainte nance activities performed on all equipment or ECS subject to this rule.

 ALTERNATE OPERATING CONDITIONS: An owner or operat or shall keep records of any alternate operating conditions including temperatures and residence times, as required by Sections 301.3(c) and 301.3(d) of this rule.

 PERFORMANCE TEST RESULTS: An owner or operator shall maintain records of all exhaust stack p erformance tests. Such written records shall include the following information:
1. Date, start and end times, and location of all performance tests;
2. Results of all tests; and
3. Corrective action(s) taken, if necessary.

b. In what forms or units must records be kept? Rule 313, Section 501 described recordkeeping requirements. Records must be kept daily, except records for night burning must be kept continuously.

c. On what time basis must records be kept? Rule 100 (General Provisions And Definitions), Section 50 1 ( Recordkeeping ) requires that
records must be r etained for five years and must be made available to the Control Officer upon request.

# _______________________ _______________________

A p p e n d i x 1NOTICE OF PROPOSED RULEMAKING
MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS
REGULATION III

– CONTROL OF AIR CONTAMINANTS

PREAMBLE

1. Rule affected Rulemaking action Rule 313: Incinerators, Burn

- Off Ovens, and Crematories Amend

2. Statutory authority for the rulemaking: Authorizing statutes: A.R.S. §§ 49

- 474, 49

- 479, and 49

- 480 Implementing statute: A.R.S. § 49

- 112

3. List of all previous notices appearing in the R egister addressing the rulemaking:
Noti ce of Docket Opening: (to be filled out by the Secretary of State)

4. The name and address of department personnel with whom persons may communicate regarding the rulemaking:
Name: Kathleen Sommer

Maricopa County Air Quality Department, Planning and Analysis Division
Address: 1001 North Central Avenue, Suite 125

Phoenix , AZ 85004 Telephone: 602

- 506

- 0169
Fax: 602

- 506

- 6179
E

- Mail: aqplanning@mail.maricopa.gov

5

. Explanation of the rule, including the department’s reasons for initiating the rulemaking: The Maricopa County Air Quality Department (“department”) is proposing to revise Rule 313 (Incinerators, Burn

- Off Ovens, and Crematories). Rule 313 limits particulate emissions from incinerators,
burn

- off ovens, and crematories

. Rule 313 was revised on September 22, 2004, to update rule language and recognize new er technology , a continuous opacity monitoring system (COMS), which could permit incinerator operation at night. The new COMS requirement for nighttime operations w as included in the 2004 routine permit renewal for Equipment Maintenance Services (EMS), an industrial electric motor/engine reclamation business. EMS did not have a COMS installed on the stack of their parts reclamation unit, which is a specific type of burn

off oven . T he new permit requirement to install a COMS for nighttime operations prohibit ed EMS from using their parts reclamation units for 16

– 18 hours per day , which their operations required to avoid product deformation. Consequently

, EMS requested the department approve their nighttime operations without installing a COMS. EMS reported that a 10 inch or greater stack diameter was necessary for the COMS installation and the EMS parts reclamation unit stack diameter was smaller than the 10 inches required for this COMS installation. The EMS stack was not out of the ordinary be cause most typical parts reclamation unit stack diameters are reported to be less than 10 inches in diameter

. Since the EMS parts reclamation unit stack was smaller than that required for a COMS installation, such a provision would require extensive retrof itting operations and a custom engineering application, which could impose significant additional costs for EMS

. In their request to the department, EMS provided data from performance tests conducted on the EMS parts reclamation unit by Applied Environment al Consultants, Inc. (AEC) on June 25, 2009 . Such performance
test data demonstrated that operating a parts reclamation unit for 16

– 18 hours per day wit hout a COMS produced no visible emissions (well below the 20% opacity limit required by the rule ). EMS i ndicated that these results, i.e., no visible emissions from nighttime operations without a COMS, were comparable to those from tests conducted on some 6,000 similar units, as reported by the manufacturer.After the department review ed EMS’ performance tes t data , the department determined that EMS’ nighttime operations, if conducted without a COMS, would not interfere with previously achieved emissions reductions, provided two conditions were met: (1) EMS produce no visible emissions during the nighttime op erations or during performance testing and (2) EMS conduct visible emissions observations at least once per hour during each nighttime combustion cycle. On November 4, 2009, the department issued
Conditional Order 2009

- 002, which allowed EMS to conditional ly operate its parts reclamation unit after
sundown without requiring the installation of a COMS, a deviati o n from the requirements of Maricopa County Air Pollution Control Regulation III, Rule 313, Section 304 .1. Conditional Order 2009

- 002 will expire on November 4, 2012.

I n March

, 2010, the department began a rulemaking process to revise Rule 313 to allow parts reclamation units with stack diameters less than 10 inches to operate after sundown without installing a COMS. In April, 2010, the U.S. Environmen tal Protection Agency (EPA) proposed three new combustion rules for major source boilers and commercial and industrial solid waste incinerator (CISWI) units, which would establish new source performance standards (NSPS) and emission guidelines (EG) for new and existing combustion sources. These proposed EPA rules, regulating the emissions of particulates and hazardous air pollutants ( HAPS ) from combustion operations under §§112 and 129 of the Clean Air Act, had the potential to affect Maricopa County Rule 3 13

, because these rules contained more stringent limits and requirements for combustion sources than that required in Rule 313. In February, 2011, after reviewing more than 4,800 comment s received during its rulemaking public comment period, the EPA determined
that smaller burn

- off ovens

, such as parts reclamation units

, were unfairly grouped with larger comm ercial
incinerators and boilers and would not be subject to the proposed EPA combustion rules . Consequently, the department resumed the rulemakin g process for Rule 313.

During the rulemaking process, the department held one public workshop and received two written comments from stakeholders. The issues that have been raised and discussed during this rulemaking process can be categorized as follows:

 Documentation required for the absence of visible emissions during nighttime operations

 Equipment required to qualify for an exception from the COMS requirement

 Definition of “pyrolysis/ combustion unit ”

 Requirements for COMS unit calibration
Detai ls about these issues are described below. Following such discussion is a list of specific amendments being proposed in Rule 313.

Issues Raised and Discussed During This Rulemaking Process:

Documentation Required for the Absence of Visible Emissions During Nighttime Operations: During the public workshop, stakeholders asked the department to clarify how a source should document the absence of visible emissions during nighttime operations. Stakeholders expressed concern because opacity measurements, determin ed with EPA Reference Method 9, are difficult to collect during the nighttime.

The department considered the issue and is proposing to include in Rule 313 the updated EPA Reference Method 9, which measures opacity, and EPA Reference Method 22, which measur es the presence or absence of visible emissions. Also, the department is proposing to clarify the condition requiring an operator monitor visible emissions at night by cross

- referencing such requirement to the section in Rule 313 that specifies EPA Referen ce Method 22.

Equipment R equired to Qualify for an Exception From the COMS Requirement: During the public workshop, s takeholders asked the department what equipment was required in order to qualify as an exception from the COMS requirement.

The department considered the question and is proposing to include in Rule 313 a provision that a parts reclamation unit may be operated at nighttime without a COMS provided the following conditions are met: there are no visible emissions during nighttime operations, visible emissions observations are conducted at least once per hour during each nighttime combustion cycle, the parts reclamation unit is operated andmaintained in accordance with the manufacturer’s operations and maintenance manual, and the p arts reclamation unit has an inside stack diameter of less than 10 inches.

Definition of “Pyrolysis/Combustion Unit ” : In June 2011, Thermo Fluids, a producer of commercial fuel oil recovered from used motor oil filters with a process of pyrolysis incinera tion, submitted a formal request to the department proposing that pyrolysis incineration should not be subject to Rule 313, because pyrolysis incineration combusts with very small quantities of air.

The department considered the request and determined that pyrolysis incineration has been and will continue to be subject to Rule 313. Historically, the department has interpreted the definition of “incineration” to include pyrolysis incineration; therefore, pyrolysis incineration was subject to Rule 313.
To cla rify this issue, the department is proposing to add a definition of “ pyrolysis / combustion unit” to Rule 313, which corresponds with EPA’s definition of a “[municipal waste] pyrolysis/combustion unit” (60 FR 65382, December 19, 1995).

Requirements For COMS Unit Calibration : During this rulemaking process, stakeholders asked if deleting the administrative requirement in Section 400 eliminated requirements to properly install a COMS, which includes calibration and operation for a conditioning period of a t least 168 hours minimum and a testing period of 168 hours before any nighttime operations are performed.

The department consider ed the question and determined that eliminating the administrative requirement, i.e., the compliance schedule, only eliminates a redundancy in the previous version of the rule. The requirements to properly install, calibrate, operate, and test a COMS remain in Rule 313.

Description of Proposed Amendments: The amendments being proposed in Rule 313 can be categorized
as follows:

 To clarify parts reclamation unit nighttime operation requirements

 To update and clarify the requirements for filing an O&M Plan

 To update and clarify administrative requirements

 To update and clarify EPA compliance test methods
Details about thes e proposed amendments are described below.

To clarify part s reclamation unit nighttime operation requirements : The proposed amendments will make the following changes to Rule 313:

 Section 210

– Incineration : To clarify that pyrolysis technology is subjec t to this rule. The Thermo Fluids proposal to the department in June 2011 that the pyrolysis technology is not subject to Rule 313 prompted this clarity to the rule.

 Section 211

– Incinerator : To clarify that pyrolysis technology is included in this defi nition. The Thermo Fluids proposal to the department in June 2011 that the pyrolysis technology is not subject to Rule 313 was the catalyst to clarifying this definition.

 Section 215

– Parts Reclamation Unit: To add a new definition, for “parts reclamation unit”. This definition originated from the department’s Conditional Order 2009

- 002 issued to Equipment Maintenance Service (EMS) on November 4, 2009. It is specific to only one type of burn

- off oven, a parts reclamation unit with a stack diameter less than 10 inches and that is used only to remove paints, lacquers, and varnishes from items (e.g., tools and equipment) so that these items can be
reconditioned and reused.

To improve clarity, this proposed defin ition of a “parts reclamation unit” was modified from the definition originally listed in the Conditional Order to exclude those units used to remove rubber from the surface of parts, as rubber coatings tend to be thicker, and thus produce greater emissio ns when combusted.

 Section 304

– Nighttime Combustion : To delineate the different requirements for nighttime operations in an incinerator, crematory, or burn

- off oven as opposed to the parts reclamation unit. A COMS is required to be installed when opera ting incinerators, crematories, or burn

- off ovens at night, whereas a parts reclamation unit operating during the nighttime is not required to operatewith a COMS installation. However, hourly visible emissions observations must be made of the parts reclam ation unit operating during the nighttime to confirm that there are no visible emissions from the operation. This amendment was prompted by Equipment Maintenance Service’s (EMS’) request to be excluded from the requirement to install a COMS in order to con duct nighttime operations.

 Section 503

– Nighttime Combustion : To clarify recordkeeping requirements for nighttime operations with a COMS and without a COMS.

To update and clarify the requirements for filing an Operation & Maintenance (O&M) Plan: The proposed amendments will make the following changes to Rule 313:

 Section 305

– Requirements for Air Pollution Control Equipment : To add and update requirements for sources subject to filing an O&M Plan for an Emission Control System (ECS). The proposed

a dditions will provide greater O&M Plan consistency and will update this rule to be consistent with other department rules.

To update and clarify administrative requirements: The proposed amendments will make the following changes to Rule 313:

 Section 4 01.1

– Compliance Schedule : To delete an obsolete requirement and a transpired date for the requirement.

 Section 401.2

– Compliance Schedule : To delete the redundant listing of a requirement (COMS calibration) referenced in another section of the rule (S ection 507.2).

 Section 501

– Recordkeeping : To clarify the daily recordkeeping requirements for incinerators,
burn

- off ovens and crematories operations.

 Section 506

– Performance Test Results : To add recordkeeping requirements for the performance

test results.

To update and clarify EPA compliance test methods: The proposed amendments will make the following changes to Rule 313:

 Section 502

– Opacity Observations : To clarify opacity observation recordkeeping requirements. These requirements are specific to EPA Reference Method 9 and are modified by EPA Reference
Method 203B.

 Section 507

– Compliance Determination

– Test Methods : To correct and update the compl iance determination test methods including the opacity and visible emissions tests methods 9 and 22 respectively. The department proposes to identify the full title of each reference method.

 Section 508

– Test Methods Incorporation by Reference : To add t he incorporation by reference or
additional EPA Reference Methods.

The department is also proposing to correct typographical or other clerical errors; make minor grammatical changes to improve readability or clarity; modify the format, numbering, order, c apitalization, punctuation, or syntax of certain text to increase standardization within and among rules; or make various other minor changes of a purely editorial nature. As these amendments do not alter the sense, meaning, or effect of the rule, they are not described in detail here, but can be readily discerned in the “strikeout and underline”
version of the rule contained in Item 14 of this notice.

6. Demonstration of compliance with A.R.S. § 49

- 112: A.R.S. § 49

- 112(A): When authorized by law, a county may adopt a rule, ordinance, or other regulation that is more stringent than or in addition to a provision of this title or rule adopted by the director or any board or commission authorized to adopt rules pursuant to this title if all the following condit ions are met:

 The rule, ordinance or other regulation is n ecessary to address a peculiar local condition.

 There is credible evidence that the rule, ordinance or other regulation is either:

a. Necessary to prevent a significant threat to public health or the environment that results from a peculiar local condition and is technically and economically feasible.b. Required under a federal statute or regulation, or authorized pursuant to an intergovernmental agreement with the federal government to enforce fe deral statutes or regulations if the county rule, ordinance or other regulation is equivalent to federal statutes or regulations.

Revisions to Rule 313 are n ecessary to address the EPA

- designated serious nonattainment for the PM 10 24

- hour standard for the Phoenix Area. T his serious nonattainment status is peculiar to the Phoenix area local conditions because Maricopa County has failed to meet the National Ambient Air Quality Standards for both ozone and particulates therefore makes A.R.S. § 49

- 112(A)(1) and (2) applicable to this rule revision. The department is proposing to revise Rule 313 to reduce PM 10 e missions in Maricopa County, which will alleviate the serious health threat and associated health consequences resulting from poor air quality while
at th e same time removing unnecessary restrictions on business operations.

7. Reference to any study relevant to the rule that the department reviewed and either proposes to rely on in its evaluation of or justification for the rule, where the public may obtain or review each study, all data underlying each study, and any analysis of each study and other supporting material: The department referenced the documents listed below during this rulemaking process. Copies of
each of the items listed are available for r eview at MCAQD offices, 1001 North Central Ave. Suite #595, Phoenix, Arizona 85004, during normal business hours.

User Manual: U.S. Environmental Protection Agency's Continuous Emission Monitoring Cost Model, Version 3.0. This document may be found electro nically at www.epa.gov/ttnemc01/cem/userman.pdf ; The EPA’s Particulate Matter (PM) Health Effects Research Center Program, prepared by PM Centers Program staff, January 2002: Particulate Matter R esearch Centers Program Advisory Report: An SAB Advisory Report;

U.S. EPA, “The Benefits and Costs of the Clean Air Act 1990 to 2010,” Chapter 5, “Human Health Effects of Criteria Pollutants,” Table 5

- 1, Report to Congress, November 1999.

8. Showing of goo d cause why the rule is necessary to promote a statewide interest if the rule will diminish a previous grant of authority of a political subdivision: Not applicable

9. Preliminary summary of the economic, small business, and consumer impact:

 Rule Identification This rulemaking propos es to revise Rule 313 ( Incinerators

, Burn

- Off Ovens and Crematories).

 Summary Proposed amendments to Rule 313 provide additional flexibility for the operation of a parts
reclamation unit and should reduce confusion, improve understanding and readability of the rule . Even though the proposed amendments provide additional options for burn

- off oven operations, at the same time the proposed provisions maintain compliance with federal and state laws. Det ails of the p roposed
amendments found in this rule are described under item 5 of this notice.

Maricopa C ounty business potentially affected by these proposed rule revisions are those that use burn

off ovens in metal salvage operations or remove non

- metalli c coatings from metal parts by the application of heat

. The incremental costs of combustion operations for the regulated community could be significantly decreased by these proposed rule amendments . The benefits offset the minimal
increases in costs of ope rations that are required by the amendments. Minimal cost increases include
additional performance test ing for facilities that chose to operate during the night without the required COMS. The costs of the additional performance tests required for both the regulators and the facility are minimal compared to the savings realized by the business that can operate at night without purchasing the previously required COMS unit. The net effect of savings from the elimination of the COMS purchase and the costs of ad ditional performance test requirements equal cost savings for the facilities. Also, man

- hours required for monitoring additional performance tests and recording

- keepingare not significantly increased for the regulator’s inspectors and test engineers as th ey are already conducting these inspections and tests in the field. Although t his rulemaking imposes a set of requirements that would likely save the business money it is
still necessary for the department to prepare this economic impact assessment to docu ment these
consideration s because it impose s a different set of compliance burden s on regulated facilities and on the department

.

 Costs
Use of burn

- oven incinerators during nighttime operations is voluntary and inclusion of this option in the county rule l ed to the 2004 Rule 313 revisions. In order to assure that continuous compliance with emission standards during nighttime combustion are maintained, the COMS requirement was
introduced.
Costs of the COMS The costs to purchase a COMS unit are estimated at $ 25,000 and do not include the additional costs incurred for routine monitoring and initial installation. These additional costs total $10,000

- $25,000 during the first year. Employee hourly costs to maintain the COMS unit each year are estimated at 8

- 10

ma n hours per week and training to operate and calibrate the COMS is estimated at $1800 per employee; (this includes travel, accommodations and a 2

- day training course). Cost information was
obtained from an EPA document entitled "User Manual: U.S. Environme ntal Protection Agency's Continuous Emission Monitoring Cost Model, Version 3.0".

This current proposal amends the nighttime combustion option and provides greater flexibility for the parts reclamation unit operators that chose to operate at night without installing a COMS. The facility savings includes: 1) costs of the COMS unit estimated to be in excess of $40,000.00; 2) facility staff does not have to be trained to operate and maintain the COMS monitor. The amount of time required to train employees to monitor and keep records of nighttime operations requires approximately the same amount of time (labor hours) to train employees to operate and monitor a COMS unit. Labor

hours required for both options cancel resulting in no discernible changes in facili ty costs incurred. Overall, the financial benefits or savings to the business are significant yet there are negligible changes in personnel costs to the facility or society to implement this amendment.

Specifically this rule requires only a small amount of man hours daily per facility to manually collect records to replace the COMS monitoring. Estimated labor

- hours are 1

– 2 hours per week averaged over a year. This additional 1

- 2 weekly hours for recordkeeping is more than offset by the savings of 8

- 10
hours per week needed to maintain the COMS. Labor costs are estimated at $16

- $30 per hour depending upon the classification of the employee who performs the recordkeeping or maintenance. The estimated savings in labor range from $4,500

– 9,000 per year in additi on to the savings of the initial COMS purchase and installation.

The department’s compliance costs (regulator) would not change significantly as there are currently inspectors in the field visiting these sources monitoring recordkeeping and conducting performance tests. The increase in department workload for performance testing required to inspect and confirm that parts reclamation units allowed to operate at night do not create visible emissions is minimal, and are more than offset by equipment cost r eduction and labor cost reduction for the facility.

 Emissions This proposal amends Maricopa County Rule 313 which regulates incinerators, burn

- off ovens and crematories in Maricopa County. Crematories are not affected by this proposed rule revision because
human and animal crematories are incinerators that are not permitted to combust during the night time
without a COMS unit. O nly parts reclamation units are permitted to operate at night.

Th e overall intent of the CAA provisions is that section 129 combustions rules apply mostly to devices conventionally regarded as incinerators, that is, devices combusting wastes in order to destroy the

wastes. For purposes of promulgating regulations it is particularly important to distinguish between a commercial and industrial solid waste incinerators that destroys wastes and a parts reclamation unit
whose function is to clean residual materials off of various metal parts, for salvage and then are reused.Less than 20 facilities with burn

- ovens have permits in MC and none of those facilities are total
destruction waste incinerators rather they are burn

- oven units or parts reclamation units that are intended for salvage purposes only

. These latter parts recl amation units are typically are small (<1 MMBtu/hr), combustions units that are used to clean residual materials off of various metal parts,
which are then reused. These small parts reclamation units are found to emit minimal emissions. The Maricopa County 2008 periodic PM 10 emissions inventory that was developed to meet requirements set forth in Title I of the Clean Air Act Amendments of 1990 (CAAA) estimates that emissions in Maricopa County reported from all types of facilities with incinerators is 0.06 tons for a year or 120
lbs. of emissions total for the year.

 Health Impacts This proposed rulemaking allows flexibility without increasing the amount of priority pollutant
emissions such as particulate matter, carbon monoxide and volatile organic carbon (VOC)

. Health benefits accrue to the general public whenever enforcement of environmental laws takes place. Adverse health effects from air pollution result in a number of economic an d social consequences, including:

a. Medical costs: These include personal out

- of

- pocket expenses of the affected individual (or family), plus costs paid by insurance or Medicare, for example.
b. Work loss: This includes lost personal income, plus lost pr oductivity whether the individual is compensated for the time or not. For example, some individuals may perceive no income loss because they receive sick pay, but sick pay is a cost of business and reflects lost productivity.

c. Increased costs for chores and caregiving: These include special caregiving and services that are not reflected in medical costs. These costs may occur because some health effects reduce the affected individual's ability to undertake some or all normal chores, and she or he may req uire caregiving.
d. Other social and economic costs: These include restrictions on or reduced enjoyment of leisure activities, discomfort or inconvenience, pain and suffering, anxiety about the future, and concern and inconvenience to family members.

Improvement in air quality will generate cost

- saving benefits by avoiding adverse

- health effects, such as emergency room visits, hospital admissions, acute pediatric bronchitis, chronic adult bronchitis, acute respiratory symptom days, and even premature d eath

. Potential benefits arising from a reduction
in PM and other pollutants emitted into the atmosphere can be inferred from data associated with the reduction of any airborne PM.

Some of the health effects of human exposure to PM can be quantified while others cannot. Quantified adverse

- health effects include: mortality, bronchitis (chronic and acute), new asthma cases, hospital admissions (respiratory and cardiovascular), emergency room visits for asthma, lower and upper respiratory illness, shortness of breath, respiratory symptoms, minor restricted activity days, days of work loss, moderate or worse asthma status of asthmatics. Unquantifiable adverse

health effects include: neonatal mortality, changes in pulmonary function, chronic respiratory diseases (other than chronic bronchitis), morphological changes, altered host defense mechanisms, cancer, and

non

- asthma respiratory emergency room visits (U.S. EPA, “The Benefits and Costs of the Clean Air Act 1990 to 2010,” Chapter 5, “Human Health Effects of Cri teria Pollutants,” Table 5

- 1, Report to Congress, November 1999).

Epidemiological evidence shows that particulates have negative health impacts in a variety of ways, including: increased mortality and morbidity; more frequent hospital admissions, emergency room and clinician visits; increased need and demand for medication; and lost time from work and school

. There is also increasing evidence that ambient air pollution can precipitate acute cardiac episodes, such as angina pectoris, cardiac arrhythmia, and myocardial infarction, although the majority of PM

related deaths are attributed to cardiovascular disease (The EPA’s Particulate Matter (PM) Health Effects Research Center Program, prepared by PM Centers Program staff, January 2002).

New evidence also lin ks exposure to ambient PM concentrations to airway inflammation that in turn produces systemic effects, such as acute phase response with increased blood viscosity andcoagulability, as well as i ncreased risk of myocardial inf a r ction in patients with coron ary artery disease

. Chronic effects of repeated airway inflammation may also cause airway remodeling, leading to irreversible lung disease

. Individuals with asthma and chronic obstructive pulmonary disease may be at even higher risk from repeated exposure to particulates (The EPA’s Particulate Matter (PM) Health Effects Research Center Program).

The Health Effects Institute confirmed the existence of a link between particulate matter and human disease and death (premature mortality). The data revealed that long

- term average mortality rates, even after accounting for the effects of other health effects, were 17

- 26% higher in cities with higher levels of airborne PM (Health Effects of Particulate Air Pollution: What Does The Science Say ? Hearing before the Com mittee on Science, House of Representatives, 107th Congress of the U.S., second session, May 8, 2002)

. Data further reveal that every 10

- microgram increase in fine particulates per cubic meter produces a 6% increase in the risk of death by cardiopulmonary disease, and an 8% increase for lung cancer

. Even very low concentrations of PM can increase the risk of early death, particularly in elderly populations with preexisting cardiopulmonary disease (STAPPA and ALAPCO, Controlling Particulate Matter Under the Clean Air Act: A Menu of Options , July 1996).

In 2007, the national estimated annual cost for chronic obstructive pulmonary disease $42.6 billion costs (American Lung Assoc., Trends in Chronic Bronchitis and Emphysema: Morbidity and Mortality, Epidemiology and Statistics Unit, Research and Scientific Affairs, September 2007). This cost includes direct health care expenditures of $26.7 billion, $8.0 billion in indirect morbidity costs and $7.9 billion in indirect mortality costs.

In Arizona, deaths attributa ble to asthma have equaled or exceeded national rates from 1991

- 1998. In 1998, some 316,200 Arizonans suffered breathing discomfort or asthma related stress (Arizona Department of Health Services, Asthma Control Program, Office of Nutrition and Chronic Disease Prevention Services, October, 2002).

Maricopa County expects that a reduction in PM potentially will create commensurate cost

- saving benefits to the general public by contributing towards reducing these emissions

- relate d health problems. The amendm ents to Rule 31 3 will help improve the general quality of life for citizens of Arizona, particularly those residing near sources that will continue to have reduced PM emissions and other air pollutants associated with burn

- oven incineration and during the ozone season from May 1 to September 30 each year.

The amount of waste combusted in these units is generally small. The Maricopa County 2008 periodic
PM 10 emissions inventory that was developed to meet requirements set forth in Title I of the Clean
Air Act Amendments of 1990 (CAAA) estimates that emissions in Maricopa County reported from all
these burn

- ovens is 0.06 tons for a year or 120 lbs. of emission for the total year.

Health benefits can be expressed as avoided cases of PM related

- health effects and assigned a d ollar
value

. EPA used an average estimate of value for each adverse

- health effect of criteria pollutants.
Table 6

- 1 contains valuation estimates from the literature reported in dollars per case of chronic bronchitis avoided. For example, Table 1 below shows a value of $401,000 (2006 dollars) per case of chronic bronchitis avoided. An individual’s health status and age prior to exposure impacts his/her susceptibility. At risk persons include those who have suffered a stroke or have cardiovascula r disease. Some age cohorts are more susceptible to air pollution than others (i.e. children and the elderly)

.

Table 1

. Monetized Adverse

- Health Effects Avoided From Exposure to PM

Adverse Health Effect * Per Case Valuation (1990 dollars) Per Case Valuation (2006 dollars) Mortality $4,800,000 $7,403,800 Chronic bronchitis $260,000 $401,000 Hospital admissions for respiratory conditions $6,900 $10,640Hospital admissions for cardiovascular conditions $9,500 $14,650 Emergency room visits for asthma $194 $299
Acute Bronchitis $45 $69
Asthma attack $32 $49 Moderate or worse asthma day $32 $49 Acute respiratory symptom $18 $28 Upper respiratory symptom $19 $29 Lower respiratory symptom $12 $19 Shortness of breath, chest tightness, or wheeze $5 $8 Work loss day $83 $128 Mild restricted activity day $38 $59

* An individual’s health status and age prior to exposure impacts his/her susceptibility. At risk persons include those who have suffered a stroke or have cardiovascular disease. Some age cohorts are more susceptible to air pollution than others, i.e., children and elderly. F rom U.S. EPA, 1999b. According to EPA, cost values of these illnesses tend to underestimate the true value of avoiding these adverse

- health effects. Mean estimates of willingness

- to

- pay (WTP) were used to derive values, unless WTP values were not available, in which case, the cost of treating or mitigating the effects was used. The value of an avoided asthma attack, for example, would be a person’s WTP to avoid that symptom.
“Mortality” in Table 1 actually refers to statistical deaths, or inferred deaths due to premature mortality. The values have been adjusted for inflation. According to the Consumer Price Index for all urban consumers ( U.S. Departmen t of Labor, Bureau of Labor Statistics), the purchasing power of the dollar has declined about 54 percent between 1990 and 2006

. A small decline in the risk for premature death will have a certain monetary value for individuals, and as such, they will be w illing to pay a certain amount to avoid premature death

. For instance, if PM emissions are reduced so that the mortality risk on the exposed population is decreased by one in one

hundred thousand, then among 100,000 persons, one less person will be expecte d to die prematurely

. If the average willingness

- to

- pay (WTP) per person for such a risk reduction were $75.00, the implied value of the statistical premature death avoided would be 7.5 million dollars.

 Potential Impacts to Small Businesses The Maricopa c ounty business community potentially affected by this proposed rule revision are those
business that use parts reclamation units in metal salvage operations to remove non

- metallic coatings from metal parts. These parts reclamation units are considered to c onsistently produce minimal emissions
due to the fact these sources are small and because of the type of operation

. The reclamation process of removing outer materials from used parts and /or clean ing the used parts does not require the extreme
conditions a ssociated with waste disposal combustion. The materials removed from the covering of these used parts include paints, plastics, and polymer s

. This proposed rule revision will decrease business expenses while at the same time keep labor costs consistent. These July 2010 proposed EPA combustion rules for major source boilers and commercial and
industrial solid waste incinerators (CISWI) units had the potential to affect the requirements of Maricopa County Rule 313. Then i n February, 2011, EPA announced tha t a parts reclamation unit would not be regulated under the new proposed combustion rules. Economic considerations were paramount in that EPA decision to exclude smaller burn

- off ovens from their proposed combustion
rules. This EPA decision was a result o f a review of data from more than 4,800 respondents received during the public comment period for the EPA proposed rules. EPA concluded from this datat that parts reclamation units were unfairly grouped with larger incinerators and boilers. Parts reclamati on units are small sources and due to their function EPA determined that these sources have minimal
emissions.

Removing smaller burn

- ovens from the proposed EPA combustion rules mitigates the potential impact
and costs on the nation’s burn

- oven manu facturi ng sector. T he cost and potential impact on jobs in the
U .S. was also a consideration when EPA made this recommendation, so that the most reasonable and defensible rule could be finalized meeting the intentions of the Clean Air Act. The final EPA
combustio n standards will continue to achieve significant health benefits while being more practical and less costly to implement than the proposed standards would have been. EPA determined that given the compliance costs many of these ovens would simply shut

- down and facilities may seek otheralternatives. However, these alternatives are also costly and not necessarily better for the environment. Given the trivial emissions coming from these burn

- off ovens, EPA found that this outcome would be unfortunate and unjus tified thereby removing the smaller burn

- off ovens and incinerators as subject to the EPA rules for larger commercial sources.

 Summary
The choice of a facility to operate a parts reclamation unit at night is voluntary

. Nighttime combustion
is required by a facility to avoid product deformation of parts being reclaimed, so this amendment

serves to increase flexibility for these industry operations

. Adding the option to operate a parts reclamation unit at night without the purchase and installation of the COMS device saves a facility the substantial cost of purchasing a COMS unit. This additional production flexibility could decrease production costs to reclaim parts
, reduce market costs of the particular prod uct being reclaimed all of which adds an additional economic benefit for the facility.

This preliminary economic statement (EIS) was developed to estimate the impacts of the proposed
amendments Ru le 313. This impact statement, comprised of potential costs and benefits, represents only an estimate so Maricopa County welcomes input from small business stakeholders and any other organization on the administrative and other costs required for complianc e with this proposed rulemaking, as well as any other information relevant to the economic, small business and consumer impact statement.

10. Name and address of department personnel with whom persons may communicate regarding the accuracy of the economic, small business and consumer impact statement:
Name: Kathleen Sommer

Maricopa County Air Quality Department, Planning and Analysis Division
Address: 1001 North Central Avenue, Suite 125

Phoenix, AZ 85004 Telephone: 602

- 506

- 0169
Fax: 602

- 506

- 6179
E

- Mail: aqplanning@mail.maricopa.gov

11. Time, place, and nature of the proceedings for the rulemaking: Written oral proceeding requests or written comments or both will be accepted until the record is closed on February 6 , 2012 , 5:00 pm. Written oral proceeding requests or written comments or both may be mailed,

e

- mailed, or hand delivered to the department (see Item #4 of this notice). An oral proceeding will be scheduled only upon receipt of a written request before the record is cl osed on February 6 , 2012 , 5:00 pm. Written comments received during the comment period and before the record is closed on February 6

, 2012 , 5:00 pm will be considered formal comments to the Notice o f Proposed Rulemaking and will be responded to in the Noti ce of Final Rulemaking.

12. Any other matters prescribed by statute that are applicable to the specific department or to any specific rule or class of rules: Not applicable

13. Incorporations by reference and their location in the rule:
EPA Reference Methods, American Society for Testing and Materials (ASTM) standards and other documents incorporated by reference in Rule 313: Section 507.1: EPA Methods 1 through 5, or the EPA equivalent methods.
Section 507.2: EPA Performance Specification #1 (40 CFR 6 0, Appendix B). Section 507.3: EPA Reference Method 9 as modified by EPA Reference Method 203 B.
Section 507.4: EPA Reference Method 22.

14. The full text of the rule follows:REGULATION III

– CONTROL OF AIR CONTAMINANTS

RULE 313

INCINERATORS, BURN

- OFF OVENS AND CREMATORIES

INDEX

SECTION 100

– GENERAL

101 PURPOSE

102 APPLICABILITY

103 EXEMPTIONS

SECTION 200

– DEFINITIONS

201 AFTERBURNER

202 BURN

- OFF OVEN

203 COMBUSTIBLE REFUSE

204 CONDITIONING PERIOD

205 204 CONTINUOUS OPACITY MONITORING SYSTEM (COMS)

206 205 CREMATION

207 206 CREMATORY

208 207 ELECTRIC INDUCTION FURNACES FURNACE

209 208 FLUE

210 209 HOSPITAL WASTE

211 210 INCINERATION

214 21 1 MULTIPLE

- CHAMBER STARVED AIR INCINERATOR

212 MEDICAL WASTE

213 METAL SALVAGE OPERATIONS

215 214 NIGHT BURNING NIGHTTIME COMBUSTION

216 OPERATIONAL TEST

215 PARTS RECLAMATION UNIT

217 216 PATHOLOGICAL WASTE

217 PYROLYSIS / COMBUSTION UNIT

218 RESIDENCE TIME

SECTION 300

– STANDARDS

301 CONTROLS REQUIRED

302 EMISSIONS STANDARD

– OPACITY

303 EMISSIONS STANDARD

- PARTICULATES

304 NIGHT BURNING NIGHTTIME COMBUSTION

305 OPERATION AND MAINTENANCE (O&M) PLAN REQUIREMENTS FOR AIR POLLUTION CONTROL

EQUIPMENT AND APPROVED EMISSION CONTROL SYSTEM (ECS)

SECTION 400

– ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE)

SECTION 500

– MONITORING AND RECORDS

501 RECORDKEEPING

502 O PACITY OBSERVATIONS501.4 503 NIGHTTIME BURNING NIGHTTIME COMBUSTION

50 4 PREVENTATIVE MAINTENANCE LOG

501.5 50 5 A LTERNATE OPERATING CONDITIONS

50 6 P ERFORMANCE TEST RESULTS

502 507 COMPLIANCE DETERMINATION

– TEST METHODS

50 8 TEST METHODS INCORPORATED BY REFERENCERevised 07/13/88 Revised 04/07/93 Revised 09/22/04 Revised xx/xx/xx MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS
REGULATION III

– CONTROL OF AIR CONTAMINANTS
RULE 313 INCINERATORS, BURN

- OFF OVENS AND CREMATORIES

SECTION 100

– GENERAL

101 PURPOSE: To establish standards for limit particulate emissions from incinerators, burn

- off ovens and

crematories

. and to limit particulate emissions from burning in these types of uni ts

.

102 APPLICABILITY: This rule applies to the following types of equipment and activities :

102.1 All incinerators except the incinerators those subject to :

a

. Resource Conservation and Recovery Act (RCRA) : S ubtitle C ; or

b. Maricopa County Rule 317 ( Hospital/Medical/Infectious Waste Incinerators ) and of the

Maricopa County Air Pollution Control Regulations waste or to Standards of Performance

for Hospital/Medical/Infectious Waste Incinerators for Which Construction Is Commenced

After June 20, 1996 ( 40 CFR Part 60, Subpart Ec ) ; or

c. 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 ( 40 CFR Part 60,

Subpart CCCC ); or

d. Emissions Guidelines and Compliance Times for Commercial and Industrial Solid Waste

Incineration Units that Commenced Construction On or Before November 30, 1999 ( 40

CFR Part 60, Subpart DDDD )

.
102.2 Burn

- off ovens used in metal salvage operations or used to remove nonmetallic coatings from

metal parts by the application of heat and that meet at least one of the following conditions :

a. Charge burning combustion capacity of greater than 25 lb. per hour; or

b. Internal oven volume greater than 1 cubic yard; or

c. Fuel burning capacity of primary chamber greater than 200,000 Btu/hr.

102.3 Crematories.

103 EXEMPTIONS: The following types of combustion equipment and activities are exempt from this rule:

103.1 Labor atory ovens;

103.2 Environmental test chambers;

103.3 Ovens used in research facilities;

103.4 Flares;

103.5 Curing or drying ovens that are operated at temperatures lower than 600  ̊ F;

103.6 Electric induction furnaces; and

103.7 Burning

- off of pre - cleaned items consisting entirely of metal and containing no debris visible to

the naked eye. Pre

- cleaning shall be done by flushing with water, solvent and/or mechanical

means.

SECTION 200

– DEFINITIONS: See Rule 100 (General Provisions and Definition s) of these rules for definitions of terms that are

used but not specifically defined in this rule. For the purpose of this rule, the following definitions shall apply , in addition tothose definitions found in Rule 100 (General Provisions and Definition) of these rules. In the event of any inconsistency

between any of the Maricopa County air pollution control rules, the definitions in this rule take precedence.

201 AFTERBURNER

– The A heating device associated with an incinerator, burn

- off oven or cremator y that is

designed to provide excess air and heat for complete combustion of the gases in the primary chamber so

as to control particulate emissions.

202 BURN

- OFF OVEN

– A heating device used intended to remove materials such as oils, greases, paints,

coat ings, rubber, laquers lacquers , and insulation from other materials or parts by combustion or charring.

203 COMBUSTIBLE REFUSE

– Any solid or liquid combustible waste material containing carbon in a free or

combined state.

204 CONDITIONING PERIOD

– A period of time (168 hours minimum) during which the COMS is operated

without any unscheduled maintenance, repair, or adjustment prior to initiation of the operational test period.

205 204 CONTINUOUS OPACITY MONITORING SYSTEM (COMS)

– The total equipment nec essary for the

determination of opacity of emissions which provides a permanent, uninterrupted record of opacity

readings.

206 205 CREMATION

– The technical process of reducing human or animal remains to bone fragments and ashes in

a controlled retort or fu rnace using heat and/or flame. The reduction takes place through heat and

evaporation. Cremation shall also include the processing and pulverization of the bone fragments.

207 206 CREMATORY

– A retort used for the cremation of remains (human or animal), bod y parts, and associated

wrappings. This term may also be used to refer to an establishment wherein these remains are cremated. A

crematory may be considered existing or new, dependent upon the date it was constructed. If it was

constructed, modified, or co mmenced operation, including the contractual obligation to undertake and

complete an order for a crematory, prior to September 22, 2004, then it is an existing crematory.

208 207 ELECTRIC INDUCTION FURNACES FURNACE

– A furnace or oven that is used to melt m etals by use of

electricity as the source of power or an alternating current electric furnace in which primary conductor is

coiled and generates by electromagnetic induction a secondary current that develops within the metal

charge.

209 208 FLUE

– A duct or passage, such as a stack or chimney, for air contaminants.

210 209 HOSPITAL WASTE

– Discards generated at a hospital or clinic, except unused items returned to the

manufacturer. The definition of hospital waste does not include human corpses, remains, and anatomical

parts that are intended for interment or cremation.

211 210 INCINERATION

– The process of burning combustion or pyrolysis involving the chemical reaction of

combustible waste materials with air in which the primary purpose is the destruction and reduction in size

and mass of the combustible material.

21 1 INCINERATOR

– An y equipment used for the purpose of reducing the volume and mass by removing

combustible matter by direct combustion or the combustion of waste gases from pyrolysis or gasification

. Incinerator designs include single chamber and two

- chamber. A two

- chamber incinerator consists of two or

more refractory lined combustion chambers in series, physically separated by refractory walls,

interconnected by gas passage ports or ducts designed for maximum combustion of the material to beburned. An “incinerator” does not include devices such as open or screened barrels, drums, or process

boilers.

211.1 Primary Chamber

– The initial compartment of an incinerator wherein the majority of waste volum e
reduction or heat treatment occurs by combustion. Primary chambers are normally operated at

lower temperatures than are secondary chambers or afterburners.

211.2 Secondary Chamber The compartment of an incinerator that operates at excess air conditions

w herein destruction of gas

- phase combustion products occurs. Passage ports, ducts, flues,

chimneys, or stacks with burners shall not be considered controlled secondary chambers unless

(1) the combustion zone exhibits design measures for the retention of the gas stream in the

chamber, turbulence or mixing, and (2) there is an availability of excess air as determined by

engineering analysis.

212 MEDICAL WASTE

- Any non

- gaseous waste, including infectious wastes, which is generated in the

diagnosis, treatment, or immunization of human beings or animals, in research pertaining thereto, or in

production or testing of biological agents and substances. Medical waste does not include any wastes

identified under subtitle C of th e Resource Conservation and Recovery Act (RCRA) as hazardous or as

household waste, but includes those pharmaceuticals which are not identified as hazardous by subtitle C of

RCRA. Medical waste does not include human or animal remains, caskets, containers, clothing or

wrappings from crematories. An expanded definition of medical waste is found in 40 CFR 60, Subpart Ec.

The definition of “medical waste” It does include includes, but is not limited to:

212.1 Cultures and stocks of infectious agents and human pathological waste;

212.2 Human blood and blood products

, ;

212.3 Sharps, needles and broken glass that were in contact with infectious wastes;

212.4 Animal wastes exposed to infectious wastes

, ;

212.5 Isolation wastes ; and

212.6 Unused sharps, needles and syringes.

Medical waste does not include human or animal remains, caskets, containers, clothing or wrappings from

crematories. An expanded definition of medical waste is found in 40 CFR 60, Subpart Ec.

213 METAL SALVAGE OPERATIONS

– Any source operation i n which combustion or pyrolysis is carried on for

the principal purpose, or with the principal result, of recovering metals which are introduced into the

operation as essentially pure metals, or alloys thereof, by oxidation of physically intermingled combu stible

material. Operations in which there is a complete fusion of all such metals are not included in these types of

operations such as in an electric induction furnace

, are not considered “metal salvage operations” for the

purpose of this rule

.

214 MULT IPLE

- CHAMBER STARVED

- AIR INCINERATOR

- Any incinerator consisting of two or more

refractory lined combustion chambers in series, physically separated by refractory walls, interconnected by

gas passage ports or ducts designed for maximum combustion of t he material to be burned.

214.1 Primary Chamber

- Initial compartment wherein the majority of waste volume reduction or heat

treatment occurs by combustion. Primary chambers are operated at lower temperatures than

secondary chambers or afterburners.

214 .2 Secondary Chamber

- Compartment which operates at excess air conditions wherein destruction

of gas

- phase combustion products occurs. Passage ports, ducts, flues, chimneys, or stacks with

burners shall not be considered controlled secondary chambers unl ess the combustion zoneexhibits design measures for the retention of the gas stream in the chamber, turbulence or

mixing, and the availability of excess air as deter mined by engineering analysis.

215 214 NIGHT BURNING NIGHTTIME COMBUSTION

– Burning Combustion that occurs after sundown and before

the following sunrise.

216 OPERATIONAL TEST PERIOD

– A period of time (168 hours) during which the COMS is expected to operate

within the established performance specifications without any unscheduled mainten ance, repair or

adjustment.

215 PARTS RECLAMATION UNIT

- A burn

- off oven that combusts only paints, lacquers, and varnishes off of

items (e.g., tools and equipment) so that these items can be reconditioned and reused. A burn

- off oven

used to remove plastic, insulation or rubber from items shall not be considered a parts reclamation unit for

the purpose of this rule

.

217 216 PATHOLOGICAL WASTE

– Waste material that consists of only human or animal remains, anatomical parts

and/or tissue, the bags/containers us ed to collect and transport the waste material, and animal bedding (if

applicable).

217 PYROLYSIS / COMBUSTION UNIT

– A combustion unit that produces gases, liquids, or solids through

the heating of waste , and the gases, liquids, or solids produced are combusted and emiss ions vented

to the atmosphere.

218 RESIDENCE TIME

– The average time that gases spend in a defined space, also known a s “ bulk gas

average residence time ”

.

SECTION 300

– STANDARDS

301 CONTROLS REQUIRED: No person An owner or operator shall comply with the following: burn any

combustible refuse in any incinerator, within Maricopa County

, or perform metal salvage operations

, or
remove materials utilizing a burn

- off oven, or burn human or animal remains in a crematory

, except using

the following air pollution control equipment:

301.1 Incinerators: Combustion of all types of combustible refuse in an incinerat or Incin erators shall

consist of a be performed in a multiple

- chamber incinerator that shall operate operates at

least at a minimum temperature of 1600  F in the secondary chamber or afterburner, with a

residence time of at least 1 second in the secondary chamber or afterburner during the period

of combustion in order to destruct destroy the combustion products.

301.2 Burn

- Off Ovens: M etal salvage operatio ns or removal of materials utilizing a burn

- off oven Burn

off ovens shall consist of shall employ an oven with at least two chambers. The secondary

compartment or afterburner shall operate at a minimum temperature of at least 1400  F with a

residence time o f at least 1/2 second during the period of combustion in order to destruct the

combustion products.

301.3 Crematories: A crematory Crematories shall consist of an incinerator comprised of with at

least two chambers

. and that complies with the following conditions: For an existing

crematory the secondary compartment or afterburner shall operate at a minimum temperature

of at least 1400  F with a residence time of at least 1 second during the period of combustion in

order t o destruct the combustion products. For a new crematory, the secondary compartment

or afterburner shall operate at a minimum temperature of at least 1600  F with a residence time

of at least 1 second during the period of combustion in order to destruct the combustionproducts. The burner in the primary chamber shall not be ignited until the secondary chamber

combustion zone temperature is equal to or greater than 800  F for existing crematories and

1000  F for new crematories.

a. For a n existing crematory the burner in the primary chamber shall not be ignited until the

secondary chamber combustion zone temperature is equal to or greater than 800  F. The

secondary compartment or afterburner shall operate at a minimum temperature of at least

1400  F with a residenc e time of at least 1 second during the period of combustion in

order to destruct the combustion products.

b. For a new crematory, the burner in the primary chamber shall not be ignited until the

secondary chamber combustion zone temperature is equal to or greater than 1000  F. The

secondary compartment or afterburner shall operate at a minimum temperature of at least

1600  F with a residence time of at least 1 second during the period of combustion in

order to destruct the combustion products.

301.4 c. Alterna te Operating Conditions: If the manufacturer’s optimum design specifications for

the minimum temperature or residence time of a secondary chamber or afterburner at

existing crematories are different than from the temperatures or resid ence times set forth

in Sections 301.1, 301.2 or 301.3 Section 301.3 (a) of this rule, the manufacturer’s

specifications may be used instead, providing that the owner or operator demonstrates

compliance according to with the test methods listed in Section 504 50 7 of this rule.

301.5 d

. Additional Operating Conditions for Cremating Large Bodies: Alternate operating

temperatures and special procedures may be required for the cremating cremation of

large bodies (over 300 lbs.) that are different than from the t emperatures or residence

times in the af terburner set forth in Sections 301.1, 301.2 or Section 301.3 of this rule

. These alternate times and temperatures may be used, followed when cremating large

bodies

, provided providing that the owner or operator demo nstrates compliance with the

test methods listed in Section 504 507 of this rule.

302 EMISSIONS STANDARD

– OPACITY: Notwithstanding the provisions of Regulation III, Rule 300 (Visible

Emissions), no person An owner or operator shall not cause , suffer, or allow or permit the emissions

into the atmosphere from any incinerator, burn

- off oven, or crematory, for an aggregate of more than 30

seconds in any 60 minutes, for any air contaminant that exceeds 20 percent opacity (Section 50 7 .3 of

this rule).

303 EMIS SIONS STANDARD

- PARTICULATES: No person An owner or operator shall not cause, suffer,

allow

, or permit the emission into the atmosphere from any incinerator, burn

- off oven, crematory,

particulate matter which exceeds 0.080 grain per cubic foot of dry flue gas at standard conditions

adjusted to 7 percent oxygen (O 2 ) in the exhaust gases and calculated as if no auxiliary fuel had been

used

. particulate matter emissions into the atmosphere from any incinerator, burn

- off oven, or

crematory, which exceed 0.080 g rain per cubic foot of dry flue gas at standard conditions adjusted to

7% oxygen (O 2 ) in the exhaust gases and calculated as if no auxiliary fuel had been used.

304 NIGHT BURNING NIGHTTIME COMBUSTION : If an An owner or operator who chooses to perform

burni ng at conduct combustion operations shall comply with the following conditions shall be met :

304.1 Incinerator, Crematory, or Burn

- Off Oven Other than a Parts Reclamation Unit:No owner or operator of an incinerator, burn

- off oven or crematory shall conduct burning after

sundown and before sunrise unless a A C ontinuous Opacity Monitoring System ( COMS ) is

operating shall be operated at all times during night burning nighttime combustion operations

and shall comply with the following conditions:

304.2 a

. The COMS shall be calibrated and maintained in accordance with EPA Performance

Specification # 1

, described in Section 507.2 of this rule and shall be calibrated at least

once per day if night burning is conducted . The COMS shall be located downstream from

all particulate control equipment, where condensed water is not present, free of

interference from ambient light (applicable only if transmissometer is responsive to

ambient light) and accessible in order to perm it routine maintenance in accordance with

EPA Performance Specification #1 the test method described in Section 50 7 .2 of this rule.

304.3 b. No night burning shall be conducted until the owner or operator insures that a properly

trained COMS operator is pr esent at all times

. A properly trained COMS operator shall be

present at all times during nighttime combustion operations. The operator shall be

trained in the proper operation and maintenance of the COMS as well as the shutdown

procedures of the incinerat or, crematory or burn

- off oven incinerator, burn

- off oven, or

crematory . Therefore if the COMS registers opacity readings that are above higher than

the opacity limitations in Section 302 of this rule, then the operator has the authority and

capability to shut down the operation.

304.2 Parts Reclamation Unit : An owner or operator of a parts reclamation unit who chooses to

conduct nighttime combustion operations without the installation and operation of a COMS

shall:

a. Not cause, allow or permit any visible emissions during combustion during the

night time ; and

b. Conduct visible emissions observations in compliance with the test method described in

Section 507 .4 of this rule at least once per hour during each night time combustion cycle;

and

c. O perate and maintain the parts reclamation unit in accordance with the manufacturer’s

operations and maintenance manual or other similar written materials supplied by the

manufacturer or distributor of the unit to ensure the unit r emains in proper operating

condition.

d. Operate exclusively with parts reclamation u nits with an inside stack diameter less than

10 inches.

305 REQUIREMENTS FOR AIR POLLUTION CONTROL EQUIPMENT OPERATION AND MAINTENANCE

(O&M) PLAN REQUIREMENTS FOR AIR POLLUTION CONTROL EQUIPMENT AND APPROVED

EMISSION CONTROL SYSTEM (ECS): Any person incinerating or otherwise processing particulate

emissions pursuant An owner or operator subject to this rule operating an ECS shall provide, properly

install and maintain in calibration, in good working order and in operation the air pollution control

equipment required by this rule. This includes the following:

305.1 Provide and maintain devices that indicate temperatures, pressures, rates of flow, or other

operating condi tions necessary to determine if the air pollution control equipment is

functioning properly and is properly maintained.305.2 Records shall be kept pursuant Keep records according to Section 501 of this rule that

demonstrate that the air pollution control equipment meets the overall control standards

required in Section 300 of this rule.

305.3 Submit an Operation and Maintenance (O&M) Plan If if the air pollution control equipment

consists of additional equipment other than an afterburner, such as a baghous e or venturi

scrubber then an Operation and Maintenance (O&M) Plan shall be s ubmitted for approval to

the Control Officer for each additional control system according to the following O&M Plan

Requirements for an Emission Control System (ECS):

a. An owner or operator subject to this rule shall provide and maintain readily available on

site at all times (an) O&M Plan(s) for any ECS and any ECS monitoring devices that are

used under this rule or an air pollution control permit

. b. An owner or operato r subject to this rule shall submit to the Control Officer for review an
O&M Plan(s) for any (ECS) including an ECS monitoring device that is required by this

rule or required under an air pollution control permit

.

c. An owner or operator subject to this rule operating an ECS shall install, maintain and

accurately calibrate monitoring devices listed in the O&M Plan(s) including, but not

limited to, monitoring devices that measure pressure differentials and other operati ng
conditions necessary to determine if control devices are functioning properly

. d. An owner or operator who is required to have an O&M Plan for any ECS including any

ECS monitoring devices must fully comply with all elements of an O&M Plan(s) including,

but not limited to, every action, schedule, and condition identified in each O&M Plan

.

e. An O&M Plan for any ECS including any ECS monitoring devices shall include all of the

following information:

(1) ECS equipment manufacturer;

(2) ECS equipment model;

(3) ECS equipment identification number or identifier that owner or operator subject to

this rule assigns to such ECS equipment when the manufacturer’s equipment

identification number is unknown and;

(4) Any other information required by Section 501 of thi s rule.

f

. The owner or operator subject to this rule, who receives a written notice from the Control

Officer that an O&M Plan for any ECS including any ECS monitoring devices is deficient

or inadequate, must make written revisions to the O&M Plan . The rev ised O&M Plan must

be submitted to the Control Officer within five working days of receipt of the C ontrol

Officer’s written notice, Such time period can be e xtended by the Control Officer, upon

written request and for good cause. During the time that such owner or operator subject

to this rule is preparing revisions to the O&M Plan, such owner or operator shall still

comply with all requirement of this rule

.

SECTION 400

– ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE)

401 COMPLIANCE SCHEDULE : An owner or operator subject to this rule shall must meet all applicable

provisions of this rule by September 22, 2005. In addition:

401.1 An owner or operator subject to this rule shall must inform the Control Officer of the intention to

use any additiona l equipment to control emissions other than an afterburner by March 22, 2005.

401.2 An owner or operator who plans to burn at night shall ensure that the COMS is installed properly

according to design specifications, calibrated, and operated for a conditio ning period of at least168 hours minimum and an operational test period of 168 hours before night burning is

performed.

SECTION 500

– MONITORING AND RECORDS

501 RECORDKEEPING: Recordkeeping requirements shall include the following types of information: An owner

or operator subject to this rule shall maintain the records listed below and shall retain these records for

five years. These records shall be kept on

- site in written or electronic format, in a complete and

consistent manner. Written or electronic copies shall be made available to the Control Officer upon

request. An owner or operator shall keep the following daily records:

501 .1 Times of operation;

501.2 Chamber temperatures: Chamber temperatures shall include operating temperatures for the

secondary chamber as well as secondary chamber temperature at the time of the ignition of

the primary chamber.

501.3 Weight of the materials incinerated shall be determined as follows:

501. 1 a. Incinerators: Total weight charged ;

Daily records of the type of material to be incinerated

, total weight charged, chamber

temperatures (secondary chamber temperature at the time of the ignition of the primary

chamber and the secondary chamber operat ing temperature) and dates and times of the

day that the incinerator is operating.

501.2 Burn

- Off Ovens: Daily records of the type of material to be burned, chamber temperatures

(secondary chamber temperature at the time of the ignition of the primary chamber and the

secondary compartment operating temperature) and dates and times of the day that the burn

off oven is operating.

501.3 b. Crematories:

(1) Human Crematories: Account for the numbers of bodies cremated; or
(2) Animal Crematories: Account for either the number and type of remains charged or

the weight of the animal(s) charged; or
(3) Large Bodies: If a human or animal crematory combusts a large body (over 300 lbs.),

the approximate weight of the body and any alternative operatin g conditions shall be

recorded.

Daily records of the number of bodies cremated, chamber temperatures (secondary

chamber temperature at the time of the ignition of th e primary chamber and the

secondary compartment operating temperature) and dates and times of the day that

the crematory is operating. The owner or operator of an animal crematory shall

account for either the weight of the animal charged or the number and type of

remains charged. In addition, if a human or animal crematory burns a large body

(over 300 lbs.), the approximate weight of the body and the operating conditions

shall be noted.

502 O PACITY OBSERVATIONS: An owner or operator shall k eep records of opacity observations used to

measure visible emissions from activities regulated by this rule

. The records shall be compiled,

maintained, and retained for each day or night that any activity capable of generating emissions is

condu cted. These written records shall include the following information:

502.1 Date, time, and location of all opacity observations; and

502.2 Results of all opacity observations; and502.3 Corrective action(s) taken, if any.

501.4 503 NIGHT BURNING NIGHTTIME COMBUSTION : If Night burning is conducted the owner or operator shall:

An owner or operator conducting nighttime combustion operations shall comply with the following

requirements:

503.1 Night time Combustion with a COMS :

a. Maintain a continuous record of opacity readings generated by the COMS. Records shall

include all times that the meter is running properly. Records shall also indicate when the

instrument is inoperative or has been adjusted or repaired.

b. The Record the date and time identifying each period during which the COMS was

inoperative, except for zero and span checks, and the nature of system repair or

adjustment shall be reported. The Control Officer may require request proof of COMS

performance whenever system repairs or adjustments, other than routine mainte nance,

have been made.

c. A Maintain a file of all data collected by the COMS or and as necessary to convert

monitoring data to the units of the applicable standard as described for compliance with

Section 507.3 of this rule

. 50 3 .2 Night time Combustion wit hout a COMS

– Parts Reclamation Unit : Maintain records of the

v isible emissions observations taken at night during each combustion cycle for each parts

reclamation unit as required by Section 507.4 of this rule

. These records shall include the

following:

a. Date, time, and location of all visible emission observations; and

b. Results of all visible emission observations; and

c. Corrective action(s) taken, if any.

50 4 PREVENTATIVE MAINTENANCE LOG : Maintain a log of equipment preventive maintenance activities

performed on all equipment or ECS subject to this rule

. 501.5 50 5 A LTERNATE OPERATING CONDITIONS: An owner or operator shall keep records of any alternate

operating conditions including temperatures and residence times, as stated in required by Sections

301.4 301.3(c) and 301.5 301.3(d) of this rule

, if used

.

50 6 P ERFORMANCE TEST RESULTS: An owner or operator shall maintain records of all exhaust stack

performance tests. Such written records shall include the following information:

506.1 D ate, st art and end times, and location of all performance tests; and

506.2 Results of all tests; and

506.3 Corrective action (s) taken, if necessary.

502 507 COMPLIANCE DETERMINATION

– TEST METHODS: When more than one test method is permitted for a

determination, of determining an exceedance of the limits established in this rule, then an y exceedance

determined by using any one of the following applicable test methods shall constitutes constitute a

violation of this rule.

502.1 507.1 For determining Determination o f total particulate matter, EPA Methods 1 through 5, or the EPA

alternatives equivalent methods listed in Sections 507.3 and 507.4 of this rule approved by the

Control Officer, shall be used. Both carbon dioxide and oxygen measurements shall be obtained

simultaneously with each Method 5 run.502.2 50 7 .2 Determination of visible emissions compliance shall be made by a certified emissions observer or

by a continuous emission monitor which is maintained and calibrated in accordance with EPA

Performance Speci fication #1 (40 CFR, Part 60, Appendix B). The observer shall be qualified as an

expert visible emissions evaluator and so certified by the Arizona Department of Environmental

Quality or by any other agency that is acceptable to the Control Officer.

50 7 .3 Opacity shall be determined by observations of visible emissions conducted in accordance with

EPA Reference Method 9 as modified by EPA Reference Method 203 B.

50 7 .4 The presence or absence of visible emissions shall be detected using EPA Reference Method 22.

50 8 TEST METHODS INCORPORATED BY REFERENCE: The EPA test methods as they exist in the Code of

Federal Regulations (CFR) are incorporated by reference in Appendix G of the Maricopa County Air

Pollution Control Rules and Regulations.

# _______________________ _______________________

A p p e n d i x 2NOTICE OF FINAL RULEMAKING
MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS
REGULATION III

– CONTROL OF AIR CONTAMINANTS RULE 313: INCINERATORS, BURN

- OFF OVENS, AND CREMATORIES

PREAMBLE

1. Rule affected Rulemaking action Rule 313: Incinerators, Burn

- Off Ovens, and Crematories Amend

2. Statutory authority for the rulemaking: Authorizing statutes: A.R.S. §§ 49

- 474, 49

- 479, and 49

- 480 Implementing statute: A.R.S. § 49

- 112

3. Effective date of the rule: Date of adoption: May 9, 2012

4. List of all previous notices appearing in the Register addressing the rulemaking: Notice of Rulemaking Docket Opening: 18 A.A.R. 23, January 6, 2012 Notice of Proposed Rulemaking: 18 A.A.R. 7, January 6, 2012

5. Name and address of department personnel with whom persons may communicate regarding the rulemaking:
Name: Kathleen Sommer

Maricopa County Air Quality Department Planning and Analysis Division
Address: 1001 N Central Avenu e, Suite 125

Phoenix, Arizona 85004 Telephone: 602

- 506

- 0169
Fax: 602

- 506

- 6179

E

- Mail: aqplanning@mail.maricopa.gov

6

. Explanation of the rule, including the department’s reasons for initiating the rulemaking: Background: Rule 313 limits particulate emissions from incinerators, burn

- off ovens, and crematories. Rule 313 was revised on September 22, 2004, to update rule language and recognize newer technology, a continuous opacity monitoring system (COMS), which could permit incin erator operation at ni ght.

The new COMS requirement for nighttime operations was included in the 2004 routine permit renewal for an industrial electric motor/engine reclamation business. This stakeholder did not have a COMS installed on the stack of their parts reclamation uni t, which is a specific type of burn

- off oven. The new permit requirement to install a COMS for nighttime operations prohibited the stakeholder from using their parts
reclamation units for 16

– 18 hours per day, which their operations required to avoid produc t deformation. Consequently, they requested the Maricopa County Air Quality Department (department) approve their nighttime operations without installing a COMS. The stakeholder reported that a 10 inch or greater stack diameter was necessary for the COMS i nstallation and their parts reclamation unit stack diameter was smaller than the 10 inches required for this COMS installation. Their stack was not out of the ordinary because most typical parts reclamation unit stack diameters are reported to be less than 10 inches in diameter. Since the stakeholder’s parts reclamation unit stack was smaller than that required for a COMS installation, such a provision would require extensive retrofitting operations and a custom engineering application, which could impose s ignifi cant additional costs for their business.

In their request to the department, the stakeholder provided data from performance tests conducted on their parts reclamation unit by Applied Environmental Consultants, Inc. (AEC) on June 25, 2009. Such perf or

mance test data demonstrated that operating a parts reclamation unit for 16

– 18 hours per day without a COMS produced no visible emissions (well below the 20% opacity limit required by the rule). The stake

-holder indicated that these results, i.e., no vi sible emissions from nighttime operations without a COMS, were comparable to those from tests conducted on some 6,000 similar units, as reported by the manufac

turer.

After the department reviewed the stakeholder’s performance test data, the department det ermined that nighttime operations by the stakeholder, if conducted without a COMS, would not interfere with previously achieved emissions reductions, provided two conditions were met: (1) the stakeholder produce no visible emissions during the nighttime op erations or during performance testing and (2) the stakeholder conduct visible emissions observations at least once per hour during each nighttime combustion cycle. On Novem

ber 4, 2009, the department issued Conditional Order 2009

- 002, which allowed the s takeholder to condi

tionally operate its parts reclamation unit after sundown without requiring the installation of a COMS, a deviation from the requirements of Maricopa County Air Pollution Control Regulation III, Rule 313,
Section 304.1. Conditional Orde r 2009

- 002 will expire on November 4, 2012.

In March, 2010, the department began a rulemaking process to revise Rule 313 to allow parts reclamation units with stack diameters less than 10 inches to operate after sundown without installing a COMS. In April, 2010, the U.S. Environmental Protection Agency (EPA) proposed three new combustion rules for major source boilers and commercial and industrial solid waste incinerator (CISWI) units, which would establish new source performance standards (NSPS) and emissi on guidelines (EG) for new and existing combustion sources. These proposed EPA rules, regulating the emissions of particulates and hazardous air pollutants (HAPS) from combustion operations under §§112 and 129 of the Clean Air Act, had the poten

tial to af fect Maricopa County Rule 313, because these rules contained more stringent limits and require

ments for combustion sources than that required in Rule 313. In February, 2011, after reviewing more than 4,800 comments received during its rulemaking public co mment period, the EPA determined that smaller
burn

- off ovens, such as parts reclamation units, were unfairly grouped with larger commercial incinerators and boilers and would not be subject to the proposed EPA combustion rules. Consequently, the department resumed the rulemaking process for Rule 313.

During the rulemaking process, the department held one public workshop and received two written com

ments from stakeholders. The issues that were raised and discussed during this rulemaking process can be
categ orized as follows:

 Documentation required to determine the absence of visible emissions during nighttime operations

 Conditions to qualify for an exception from the COMS requirement

 Definition of “pyrolysis/combustion unit”

 Requirements for COMS uni t calibration Details about these issues are described below. Following such discussion is a description of the
amendments to Rule 313.

Issues Raised and Discussed During This Rulemaking Process: Documentation Required to Determine the Absence of Visible E missions During Nighttime Operations: During the public workshop, stakeholders asked the department to clarify how a source should document the absence of visible emissions during nighttime operations. Stakeholders expressed concern because opacity measure ments, determined with EPA Reference Method 9, are difficult to collect during the nighttime.

The department considered the issue and included in Rule 313 the updated EPA Reference Method 9, which measures opacity, and EPA Reference Method 22, which measur es the presence or absence of visible emissions. Also, the department clarified the condition requiring an opera tor monitor visible emissions at night by cross

- referencing such requirement to the section in Rule 313 that specifies EPA
Reference Method 22.

Conditions to Qualify for an Exception From the COMS Requirement : During the public workshop, stake

holders asked the department what equipment was required in order to qualify as an exception from the COMS requirement.The department considered the question and included in Rule 313 a provision that a parts reclamation unit may be operated at nighttime without a COMS provided the following conditions are met: there are no visible emissions during nighttime operations, visible emissions observations ar e conducted at least once per hour during each nighttime combustion cycle, the parts reclamation unit is operated and maintained in accordance with the manufacturer’s operations and maintenance manual, and the parts rec lamation unit has
an inside stack di ameter of less than 10 inches.

Definition of “Pyrolysis/Combustion Unit” : In June 2011, a stakeholder who is a producer of commercial fuel oil recovered from used motor oil filters with a process of pyrolysis incineration, submitted a formal request to the department proposing that pyrolysis incineration should not be subject to Rule 313, because pyrolysis incineration combusts with very small quantities of air.

The department considered the request and determined that pyrolysis incineration has been and wi ll con

tinue to be subject to Rule 313. Historically, the department has interpreted the definition of “incineration” to include pyrolysis incineration; therefore, pyrolysis incineration was subject to Rule 313. To clarify this issue, the department added a definition of “pyrolysis/combustion unit” to Rule 313, which corresponds with EPA’s definition of a“[municipal waste] pyrolysis/combustion unit” (60 FR 65382, December 19, 1995).

Requirements For COMS Unit Calibration : During this rulemaking process, sta keholders asked if deleting the administrative requirement in Section 400 eliminated requirements to properly install a COMS, which includes calibration and operation for a conditioning period of at least 168 hours minimum and a testing period of 168 hours before any nighttime operations are performed.

The department considered the question and determined that eliminating the administrative requirement, i.e., the compliance schedule, only eliminates a redundancy in the previous version of the rule. The

requ irements to properly install, calibrate, operate, and test a COMS remain in Rule 313.

Description of Proposed Amendments: The amendments approved in Rule 313 can be categorized as
follows:

 To revise parts reclamation unit nighttime operation requirements

 To revise the requirements for filing an Operations & Maintenance (O&M) Plan

 To revise administrative requirements

 To revise monitoring and records requirements Details about these proposed amendments are described below.

To revise parts reclamation unit nighttime operation requirements: The amendments made the following changes to Rule 313:

 Section 215

– Parts Reclamation Unit : Added a new definition, for “parts reclamation unit”. The term as defined is specific to only one type of burn

- off oven, a parts reclamation unit with a stack
diameter less than 10 inches that is used only to remove paints, lacquers, and varnishes from items (e.g., tools and equipment) so that these items can be reconditioned and reused.

 Section 304

– Nighttime Combustion : Delineated the different requirements for nighttime operations in an incinerator, crematory, or burn

- off oven as opposed to the parts reclamation unit. A COMS is required to be installed when operating incinerators, crematories, or burn

- off ove ns at night, whereas a parts reclamation unit operating during the nighttime is not required to operate
with a COMS installa tion. However, hourly visible emissions observations must be made of the parts reclamation unit oper ating during the nighttime to confirm that there are no visible emissions from the operation.

 Section 503

– Nighttime Combustion : Revised recordkeeping requirements incorporating additional recordkeeping requirements for nighttime operations without a COMS. To revise the requirements for filing an Operation & Maintenance (O&M) Plan: These amendments made the following changes to Rule 313:

 Section 305

– Requirements for Air Pollution Control Equipment : Added and updated requirements for sources subject to filing an O&M Plan for an Em ission Control System (ECS).The additions provide greater O&M Plan consistency and update this rule to be consistent with other department rules. To revise administrative requirements: The amendments made the following changes to Rule 313:

 Section 401.1

– Compliance Schedule : Deleted an obsolete requirement and a transpired date for the requirement.

 Section 401.2

– Compliance Schedule : Deleted the redundant listing of a requirement (COMS
calibra tion) referenced in another section of the rule (Section 507.2).

 Section 501

– Recordkeeping : Revised the daily recordkeeping requirements for incinerators,
burn

- off ovens and crematories operations.

 Section 506

– Performance Test Results : Added recordkeeping requirements for the performance
test results.
To revise monitoring and records requirements: The amendments made the following changes to Rule 313:

 Section 502

– Opacity Observations : Revised opacity observation recordkeeping requirements. These requirements are specific to EPA Reference Method 9 and are modified by EPA Reference
Method 203B.

 Section 507

– Compliance Determination

– Test Methods : Corrected and updated the compliance
determi nation test methods including the opacity and visible emissions tests methods 9 and 22

respec tively.

 Sectio n 508

– Test Methods Incorporation by Reference : Added the incorporation by reference or
addi tional EPA Reference Methods. The department also corrected typographical or other clerical errors; made minor grammatical changes to improve readability or clarity; modified the format, numbering, order, capitalization, punctuation, or syntax of certain text to increase standardization within and among rules; and made other minor changes of a purely editorial nature. As these amendments do not alter the sense , meaning, or effect of the rule, they are not described in detail here, but can be readily discerned in the “strikeout and underline” ver sion of the rule
contained in Item #17 of this notice.

7. Demonstration of compliance with A.R.S. § 49

- 112 : A.R.S. § 49

- 112(A) : When authorized by law, a county may adopt a rule, ordinance, or other regulation that is more stringent than or in addition to a provision of this title or rule adopted by the director or any board or commission authorized to adopt rules pursua nt to this title if all the following conditions are met:

 The rule, ordinance or other regulation is n ecessary to address a peculiar local condition.

 There is credible evidence that the rule, ordinance or other regulation is either:

a. Necessary to prevent a significant threat to public health or the environment that results from

a pecu liar local condition and is technically and economically feasible.
b. Required under a federal statute or regulation, or authorized pursuant to an intergovernmental

agree me nt with the federal government to enforce federal statutes or regulations if the county rule, ordinance or other regulation is equivalent to federal statutes or regulations.

Revisions to Rule 313 were necessary to address the EPA

- designated serious nonatta inment for the PM 10 24

- hour standard for the Phoenix Area. This serious nonattainment status is peculiar to the Phoenix area local conditions because Maricopa County has failed to meet the National Ambient Air Quality Standards for both ozone and particula tes therefore makes A.R.S. § 49

- 112(A)(1) and (2) applicable to this rule
revision. The department revised Rule 313 to reduce PM 10 emissions in Maricopa County, which will help alleviate the serious health threat and associated health consequences resultin g from poor air quality while at the same time remove unnecessary restrictions on business operations.

8. Reference to any study relevant to the rule that the department reviewed and either proposes to rely on in its evaluation of or justification for the rule, where the public may obtain or review each study, all data underlying each study, and any analysis of each study and other supporting material : User Manual: U.S. Environmental Protection Agency's Continuous Emission Monitoring Cost Model,
Version 3.0 . This document may be found electronically at www.epa.gov/ttnemc01/cem/userman.pdf;The EPA’s Particulate Matter (PM) Health Effects Research Center Program, prepared by PM Centers Pro

gram staff, January 2002: Particulate Matter Research Centers Program Advisory Report: An SAB Advi

sory Report.

U.S. EPA, “The Benefits and Costs of the Clean Air Act 1990 to 2010,” Chapter 5, “Human Health Effects of Criteria Pollutants,” Table 5

- 1, Report to Congress, November 1999. Document available by contacting the per son listed in Item #5 of this notice.

Applied Environmental Consultants, Inc. (AEC), Performance test data conducted on 6000 operating parts reclamation units, June 25, 2009. Document available by contacting the person listed in Item #5 of this
notice.

9. Showing of good cause why the rule is necessary to promote a statewide interest if the rule will
dimin ish a previous grant of authority of a political subdivision : Not applicable

10. Summary of the economic, small business, and consumer impact :

 Rule Identification This rulemaking revised Rule 313 ( Incinerators, Burn

- Off Ovens and Crematories).

 Summary The amendments to Rule 313 provide additional flexibility for the operation of a parts reclama tion unit and should reduce confusion, improve understand ing and readability of the rule. Even though the amendments provide additional options for burn

- off oven operations, at the same time the provisions maintain compliance with federal and state laws. Details of the amend ments found in
this rule are describe d under Item #6 of this notice.

Maricopa County businesses potentially affected by these rule revisions are those that use burn

- off ovens in metal salvage operations or remove non

- metallic coatings from metal parts by the application of heat. The increment al costs of combustion operations for the regulated community could be significantly decreased by these rule amendments. The benefits offset the minimal increases in costs of operations that are required by the amendments. Minimal cost increases
include ad ditional performance testing for facilities that chose to operate during the night without the required COMS. The costs of the additional performance tests required for both the regulators and the facility are minimal compared to the savings realized by th e business that can operate at night without pur chasing the previously required COMS unit. The net effect of savings from the elimination of the COMS purchase and the costs of additional performance test requirements equal cost savings for the facilities. Also, man

- hours required for monitoring additional performance tests and recordkeeping are not significantly increased for the regulator’s inspectors and test engineers as they are already con ducting these inspections and tests in the field.

 Costs
Use of burn

- oven incinerators during nighttime operations is voluntary and inclusion of this option in the county rule led to the 2004 Rule 313 revisions. In order to assure that continuous compliance with emission standards during nighttime combustion are maint ained, the COMS requirement was intro duced.
Costs of the COMS The costs to purchase a COMS unit are estimated at $25,000 and do not include the additional costs incurred for routine monitoring and initial installation. These additional costs total $10,000

- $25,000 during the first year. Employee hourly costs to maintain the COMS unit each year are
estimated at 8

- 10 man hours per week and training to operate and calibrate the COMS is estimated at $1800 per employee; (this includes travel, accommodations and a 2

- day training course). Cost
information was obtained from an EPA document entitled "User Manual: U.S. Environmental Protection Agency's Continuous Emission Monitoring Cost Model, Version 3.0".

This revised Rule 313 amends the nighttime combustion option and provides greater flexibility for the parts reclamation unit operators that chose to operate at night without installing a COMS. Thefacility savings includes: (1) costs of the COMS unit estimated to be in excess of $40,000.00 and (2) facility staff, w ho do not have to be trained to operate and maintain the COMS monitor. The amount of time required to train employees to monitor and keep records of nighttime operations requires approxi mately the same amount of time (labor hours) to train employees to op erate and
monitor a COMS unit. Labor

- hours required for both options cancel resulting in no discernible changes in facility costs incurred. Overall, the financial benefits or savings to the business are significant yet there are negligi ble changes in pers onnel costs to the facility or society to implement this amendment.

Specifically this rule requires only a small amount of man hours daily per facility to manually collect records to replace the COMS monitoring. Estimated labor

- hours are 1

– 2 hours per week averaged over a year. The additional 1

- 2 weekly hours needed for recordkeeping is offset by the of
8

- 10 hours per week savings from eliminating the need for COMS maintenance. Labor costs are estimated at $16

- $30 per hour depend ing upon the classification of the employee who performs the recordkeeping or maintenance. The esti mated savings in labor range from $4,500

– 9,000 per year in addition to the savings of the initial COMS purchase and installation.

The department’s compliance costs (regulators) will n ot change significantly as there are currently inspectors in the field visiting these sources, monitoring recordkeeping and conducting performance tests. The increase in department workload for performance testing is minimal and the facility will save cost s by the equipment cost reduction and labor cost reductions.

 Emissions Crematories are not affected by this rule revision because human and animal crematories are incinerators that are not permitted to combust during the nighttime without a COMS unit. Only parts reclamation units are permitted to operate at night.

The overall intent of the CAA provisions is that section 129 combustion rules apply mostly to devices conventionally regarded as incinerators, that is, devices combusting wastes in order to
destro y the wastes. For purposes of promulgating regulations, it is particularly important to distinguish between a commercial and industrial solid waste incinerator that destroys wastes and a parts reclamation unit whose function is to clean residual materials off of various metal parts, for salvage and then are reused. Less than 20 facilities with burn

- off ovens have permits in Maricopa County and none of those facili ties are total destruction waste incinerators, rather they are burn

- off oven units or parts re clamation units that are intended for salvage purposes only. These latter parts reclamation units are typically small (<1 MMBtu/hr) combustion units that are used to clean residual materials off of various metal parts, which are then reused. These small pa rts reclamation
units are found to emit minimal emissions. The Maricopa County 2008 periodic PM 10 emissions inventory that was developed to meet require ments set forth in Title I of the Clean Air Act Amendments of 1990 (CAAA) estimates that emissions in M aricopa County reported from all types of facilities with incinerators is 0.06 tons for a year or 120 lbs. of emissions total for the

year.

 Health Impacts No health impacts are anticipated as the rule merely provides flexibility in how compliance with
exis ting standards is demonstrated for parts reclamation units.

 Potential Impacts to Small Business The Maricopa county business community potentially affected by this rule revision are those
business that use parts reclamation units in metal salvage operation s to remove non

- metallic coatings from metal parts. These parts reclamation units are considered to consistently produce minimal emissions due to the fact these sources are small and because of the type of operation. The reclamation process of removing out er materials from used parts and/or cleaning the used parts does not require the extreme conditions associated with waste disposal combustion. The materialsremoved from the covering of these used parts include paints, plastics, and polymers. This rule

rev ision decreases busi ness expenses while at the same time keep labor costs consistent.

11. The name and address of department personnel with whom persons may communicate regarding the accuracy of the economic, small business, and consumer impact:
Name: Kathleen Sommer

Maricopa County Air Quality Department Planning and Analysis Division
Address: 1001 N Central Avenue, Suite 125

Phoenix, Arizona 85004 Telephone: 602

- 506

- 0169
Fax: 602

- 506

- 6179

E

- Mail: aqplanning@mail.maricopa.gov

12. Description of the changes between the proposed rule, including supplemental notices and final rule : No changes were made to the proposed rule

13. Summary of the comments made regarding the rule and the department respon se to them : No comments were received during the comment period

14. Any other matters prescribed by statute that are applicable to the specific department or to any specific rule or class of rules : Not applicable

15. Incorporations by reference and their location in the rule : EPA Reference Methods, American Society for Testing and Materials (ASTM) standards and other docu

ments incorporated by reference in Rule 313: Section 507.1: EPA Methods 1 through 5, or the EPA equivalent methods.
Section 507.2: EPA Performance Specification #1 (40 CFR 60, Appendix B). Section 507.3: EPA Reference Method 9 as modified by EPA Reference Method 203 B.
Section 507.4: EPA Reference Method 22.

16. Was this rule previously an emergency rule?
No

17. Full text of the rule follows :REGULATION III

– CONTROL OF AIR CONTAMINANTS

RULE 313

INCINERATORS, BURN

- OFF OVENS AND CREMATORIES

INDEX

SECTION 100

– GENERAL

101 PURPOSE

102 APPLICABILITY

103 EXEMPTIONS

SECTION 200

– DEFINITIONS

201 AFTERBURNER

202 BURN

- OFF OVEN

203 COMBUSTIBLE REFUSE

204 CONDITIONING PERIOD

205 204 CONTINUOUS OPACITY MONITORING SYSTEM (COMS)

206 205 CREMATION

207 206 CREMATORY

208 207 ELECTRIC INDUCTION FURNACES FURNACE

209 208 FLUE

210 209 HOSPITAL WASTE

211 210 INCINERATION

214 211 MULTIPLE

- CHAMBER STARVED AIR INCINERATOR

212 MEDICAL WASTE

213 METAL SALVAGE OPERATIONS

215 214 NIGHT BURNING NIGHTTIME COMBUSTION

216 OPERATIONAL TEST PERIOD

215 PARTS RECLAMATION UNIT

217 216 PATHOLOGICAL WASTE

217 PYROLYSIS/COMBUSTION UNIT

218 RESIDENCE TIME

SECTION 300

– STANDARDS

301 CONTROLS REQUIRED302 EMISSIONS STANDARD

– OPACITY

303 EMISSIONS STANDARD

- PARTICULATES

304 NIGHT BURNING NIGHTTIME COMBUSTION

305 REQUIREMENTS FOR AIR POLLUTION CONTROL EQUIPMENT OPERATION AND

MAINTENANCE (O&M) PLAN REQUIREMENTS FOR AIR POLLUTION CONTROL

EQUIPMENT AND APPROVED EMISSION CONTROL SYSTEM (ECS)

SECTION 400

– ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE)

401 COMPLIANCE SCHEDULE

SECTION 500

– MONITORING AND RECORDS

501 RECORDKEEPING

502 OPACITY OBSERVATIONS

503 NIGHTTIME COMBUSTION

504 PREVENTATIVE MAINTENANCE LOG

505 ALTERNATE OPERATING CONDITIONS

506 PERFORMANCE TEST RESULTS

502 507 COMPLIANCE DETERMINATION

– TEST METHODS

508 TEST METHODS INCORPORATED BY REFERENCERevised 07/13/88
Revised 04/07/93
Revised 09/22/04
Revised xx/xx/xx
MARICOPA COUNTY
AIR POLLUTION CONTROL REGULATIONS
REGULATION III

– CONTROL OF AIR CONTAMINANTS
RULE 313 INCINERATORS, BURN

- OFF OVENS AND CREMATORIES

SECTION 100

– GENERAL

101 PURPOSE: To establish standards for limit particulate emissions from incinerators, burn

- off ovens

and crematories. and to limit particulate emissions from burning in these types of units.

102 APPLICABILITY: This rule applies to the following types of equipment and act ivities :

102.1 All incinerators except the incinerators those subject to :

a

. Resource Conservation and Recovery Act (RCRA) : Subtitle C ; or

b. Maricopa County Rule 317 ( Hospital/Medical/Infectious Waste Incinerators) and of

the Maricopa County Air Pollution Control Regulations waste or to Standards of

Performance for Hospital/Medical/Infectious Waste Incinerators for Which

Construction Is Commenced After June 20, 1996 ( 40 CFR Part 60, Subpart Ec ) ; or

c. Standards of Performance for Commercial and In dustrial 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( 40 CFR Part

60, Subpart CCCC ); or

d. Emissions Guidelines and Compliance T imes for Commercial and Industrial Solid

Waste Incineration Units that Commenced Construction On or Before November 30,

1999 ( 40 CFR Part 60, Subpart DDDD )

.
102.2 Burn

- off ovens used in metal salvage operations or used to remove nonmetallic coatings

from metal parts by the application of heat and that meet at least one of the following

conditions :

a. Charge burning combustion capacity of greater than 25 lb. per hour ; or

b. Internal oven volume greater than 1 cubic yard; or

c. Fuel burning capacity of primary chamber greater than 200,000 Btu/hr.

102.3 Crematories.

103 EXEMPTIONS: The following types of combustion equipment and activities are exempt from this

rule:

103 .1 Laboratory ovens;

103.2 Environmental test chambers;103.3 Ovens used in research facilities;

103.4 Flares;

103.5 Curing or drying ovens that are operated at temperatures lower than 600  ̊ F;

103.6 Electric induction furnaces; and

103.7 Burning

- off of pre

- cleaned items consisting entirely of metal and containing no debris visible

to the naked eye. Pre

- cleaning shall be done by flushing with water, solvent and/or

mechanical means.

SECTION 200

– DEFINITIONS: See Rule 100 (General Provisions and Definition s) of these rules for definitions of

terms that are used but not specifically defined in this rule. For the purpose of this rule, the following definitions shall

apply , in addition to those definitions found in Rule 100 (General Provisions and Definition) of these rules. In the event

of any inconsistency between any of the Maricopa County air pollution control rules, the definitions in this rule take

precedence.

201 AFTERBURNER

– The A heating device associated with an incinerator, burn

- off oven or cremator y
that is designed to provide excess air and heat for complete combustion of the gases in the primary

chamber so as to control particulate emissions.

202 BURN

- OFF OVEN

– A heating device used intended to remove materials such as oils, greases,

paints, coat

ings, rubber, laquers lacquers , and insulation from other materials or parts by combustion

or charring.

203 COMBUSTIBLE REFUSE

– Any solid or liquid combustible waste material containing carbon in a

free or combined state.

204 CONDITIONING PERIOD

– A period of time (168 hours minimum) during which the COMS is

operated without any unscheduled maintenance, repair, or adjustment prior to initiation of the

operational test period.

205 204 CONTINUOUS OPACITY MONITORING SYSTEM (COMS)

– The total equipment nec essary for

the determination of opacity of emissions which provides a permanent, uninterrupted record of opacity

readings.

206 205 CREMATION

– The technical process of reducing human or animal remains to bone fragments and

ashes in a controlled retort or fu rnace using heat and/or flame. The reduction takes place through heat

and evaporation. Cremation shall also include the processing and pulverization of the bone fragments.

207 206 CREMATORY

– A retort used for the cremation of remains (human or animal), bod y parts, and

associated wrappings. This term may also be used to refer to an establishment wherein these remains

are cremated. A crematory may be considered existing or new, dependent upon the date it wasconstructed. If it was constructed, modified, or co mmenced operation, including the contractual

obligation to undertake and complete an order for a crematory, prior to September 22, 2004, then it is

an existing crematory.

208 207 ELECTRIC INDUCTION FURNACES FURNACE

– A furnace or oven that is used to melt m etals

by use of electricity as the source of power or an alternating current electric furnace in which primary

conductor is coiled and generates by electromagnetic induction a secondary current that develops

within the metal charge.

209 208 FLUE

– A duct or passage, such as a stack or chimney, for air contaminants.

210 209 HOSPITAL WASTE

– Discards generated at a hospital or clinic, except unused items returned to the

manufacturer. The definition of hospital waste does not include human corpses, remains, and

anatomical parts that are intended for interment or cremation.

211 210 INCINERATION

– The process of burning combustion or pyrolysis involving the chemical reaction

of combustible waste materials with air in which the primary purpose is the destruction and reduction

in size and mass of the combustible material.

211 INCINERATOR

– Any equipment used for the purpose of reducing the volume and mass by

removing combustible matter by direct combustion or the combustion of waste gases from pyrolysis

or gasification . Incinerator designs include single chamber and two

- chamber. A two

- chamber

incinerator consists of two or more refractory lined combustion chambers in series, physically

separated by refractory walls, interconnected by gas passage ports or ducts designed for maximum

combustion of the material to be burned. An “incinerator” does not include devices such as open or

screened barrels, drums, or process boilers.

211.1 Primary Chamber

– The initial compartment of an incinerator wherein the majority of waste

volum e reduction or heat treatment occurs by combustion. Primary chambers are normally

operated at lower temperatures than are secondary chambers or afterburners.

211.2 Secondary Chamber The compartment of an incinerator that operates at excess air conditions

w herein destruction of gas

- phase combustion products occurs. Passage ports, ducts, flues,

chimneys, or stacks with burners shall not be considered controlled secondary chambers

unless (1) the combustion zone exhibits design measures for the retention of the gas stream

in the chamber, turbulence or mixing, and (2) there is an availability of excess air as

determined by engineering analysis.

212 MEDICAL WASTE

- Any non

- gaseous waste, including infectious wastes, which is generated in the

diagnosis, treatment, or immunization of human beings or animals, in research pertaining thereto, or in

production or testing of biological agents and substances. Medical waste does not include any wastesidentified under subtitle C of the Resource Conservation and Recovery Act (RCRA) as hazardous or

as household waste, but includes those pharmaceuticals which are not identified as hazardous by

subtitle C of RCRA. Medical waste does not include human or animal remains, caskets, containers,

clothing or wrappings from crematories. An expanded definition of medical waste is found in 40 CFR

60, Subpart Ec. The definition of “medical waste” It does include includes, but is not limited to:

212.1 Cultures and stocks of infectious agents and human pathological waste;

212.2 Human blood an d blood products

, ;

212.3 Sharps, needles and broken glass that were in contact with infectious wastes;

212.4 Animal wastes exposed to infectious wastes

, ;

212.5 Isolation wastes ; and

212.6 Unused sharps, needles and syringes.

Medical waste does not include human or animal remains, caskets, containers, clothing or wrappings

from crematories. An expanded definition of medical waste is found in 40 CFR 60, Subpart Ec.

213 METAL SALVAGE OPERATIONS

– Any source operation in which com bustion or pyrolysis is

carried on for the principal purpose, or with the principal result, of recovering metals which are

introduced into the operation as essentially pure metals, or alloys thereof, by oxidation of physically

intermingled combustible mate rial. Operations in which there is a complete fusion of all such metals

are not included in these types of operations such as in an electric induction furnace, are not
considered “metal salvage operations” for the purpose of this rule

.

214 MULTIPLE

- CHAM BER STARVED

- AIR INCINERATOR

- Any incinerator consisting of two or

more refractory lined combustion chambers in series, physically separated by refractory walls,

interconnected by gas passage ports or ducts designed for maximum combustion of the material to be

burned.

214.1 Primary Chamber

- Initial compartment wherein the majority of waste volume reduction or

heat treatment occurs by combustion. Primary chambers are operated at lower temperatures

than secondary chambers or afterburners.

214.2 Seconda

ry Chamber

- Compartment which operates at excess air conditions wherein

destruction of gas

- phase combustion products occurs. Passage ports, ducts, flues, chimneys,

or stacks with burners shall not be considered controlled secondary chambers unless the

com bustion zone exhibits design measures for the retention of the gas stream in the chamber,

turbulence or mixing, and the availability of excess air as determined by engineering

analysis.

215 214 NIGHT BURNING NIGHTTIME COMBUSTION

– Burning Combustion that occ urs after sundown

and before the following sunrise.216 OPERATIONAL TEST PERIOD

– A period of time (168 hours) during which the COMS is expected

to operate within the established performance specifications without any unscheduled maintenance,

repair or adj ustment.

215 PARTS RECLAMATION UNIT

- A burn

- off oven that combusts only paints, lacquers, and varnishes

off of items (e.g., tools and equipment) so that these items can be reconditioned and reused. A burn

off oven used to remove plastic, insulation or rubber from items shall not be considered a parts

reclamation unit for the purpose of this rule.

217 216 PATHOLOGICAL WASTE

– Waste material that consists of only human or animal remains,

anatomical parts and/or tissue, the bags/containers used to collect a nd transport the waste material, and

animal bedding (if applicable).

217 PYROLYSIS/COMBUSTION UNIT

– A combustion unit that produces gases, liquids, or solids

through the heating of waste , and the gases, liquids, or solids produced are combusted and emis

sions vented to the atmosphere.

218 RESIDENCE TIME

– The average time that gases spend in a defined space, also known as “ bulk gas

average residence time ”

.

SECTION 300

– STANDARDS

301 CONTROLS REQUIRED: No person An owner or operator shall comply with the following: burn

any combustible refuse in any incinerator, within Maricopa County

, or perform metal salvage

operations

, or remove materials utilizing a burn

- off oven, or burn human or animal remains in a

crematory

, except using the following air pollution control equipment:

301.1 Incinerators: Combustion of all types of combustible refuse in an incinerator Incinerators

shall consist of a be performed in a multiple

- chamber incinerator that shall operate oper

ates at least at a minimum temperature of 1600  F in the secondary chamber or after

burner, with a residence time of at least 1 second in the secondary chamber or afterburner

during the period of combustion in order to destruct destroy the combustion products.

301. 2 Burn

- Off Ovens: Metal salvage operations or removal of materials utilizing a burn

- off oven

Burn

- off ovens shall consist of shall employ an oven with at least two chambers. The

secondary compartment or afterburner shall operate at a minimum temperature of at least

1400  F with a residence time of at least 1/2 second during the period of combustion in

order to destruct the combustion products.

301.3 Crematories: A crematory Crematories shall consist of an incinerator comprised of with at

least two chambers

. and that complies with the following conditions: For an existing

crematory the secondary compartment or afterburner shall operate at a minimum temper

-ature of at least 1400  F with a residence time of at least 1 second during the period of

combustion in ord er to destruct the combustion products. For a new crematory, the

secondary compartment or afterburner shall operate at a minimum temperature of at least

1600  F with a residence time of at least 1 second during the period of combustion in

order to destruct the combustion products. The burner in the primary chamber shall not

be ignited until the secondary chamber combustion zone temperature is equal to or

greater than 800  F for existing crematories and 1000  F for new crematories.

a. For an existing crematory the burner in the primary chamber shall not be ignited

until the secondary chamber combustion zone temperature is equal to or greater than

800  F. The secondary compartment or afterburner shall operate at a minimum tem

perature of at least 1400  F with a res idence time of at least 1 second during the

period of combustion in order to destruct the combustion products.

b. For a new crematory, the burner in the primary chamber shall not be ignited until the

secondary chamber combustion zone temperature is equal t o or greater than 1000  F.

The secondary compartment or afterburner shall operate at a minimum temperature

of at least 1600  F with a residence time of at least 1 second during the period of

combustion in order to destruct the combustion products.

301.4 c. Al ternate Operating Conditions: If the manufacturer’s optimum design specifica tions

for the minimum temperature or residence time of a secondary chamber or

afterburner at existing crematories are different than from the temperatures or resi

dence times set forth in Sections 301.1, 301.2 or 301.3 Section 301.3 (a) of this rule,

the manufacturer’s specifications may be used instead, providing that the owner or

operator demonstrates compliance according to with the test methods listed in Sec

tio n 504 507 of this rule.

301.5 d

. Additional Operating Conditions for Cremating Large Bodies: Alternate oper at ing

temperatures and special procedures may be required for the cremating cremation of

large bodies (over 300 lbs.) that are different than from t he temperatures or resi dence

times in the afterburner set forth in Sections 301.1, 301.2 or Section 301.3 of this

rule . These alternate times and temperatures may be used, followed when cremating

large bodies, provided providing that the owner or operator demonstrates compliance

with the test methods listed in Section 504 507 of this rule.

302 EMISSIONS STANDARD

– OPACITY: Notwithstanding the provisions of Regulation III, Rule

300 (Visible Emissions), no person An owner or operator shall not cause , suffer, or allow or
permit the emissions into the atmosphere from any incinerator, burn

- off oven, or crematory, for anaggregate of more than 30 seconds in any 60 minutes, for any air contaminant that exceeds 20

percent opacity (Section 507.3 of this rule).

303 EMISSIONS STANDARD

- PARTICULATES: No person An owner or operator shall not cause,

suffer, allow

, or permit the emission into the atmosphere from any incinerator, burn

- off oven,

crematory, particulate matter which exceeds 0.080 grain per cubic foot of dry f lue gas at standard

conditions adjusted to 7 percent oxygen (O 2 ) in the exhaust gases and calculated as if no auxiliary

fuel had been used

. particulate matter emissions into the atmosphere from any incinerator, burn

off oven, or crematory, which exceed 0.0 80 grain per cubic foot of dry flue gas at standard

conditions adjusted to 7% oxygen (O 2 ) in the exhaust gases and calculated as if no auxiliary fuel

had been used.

304 NIGHT BURNING NIGHTTIME COMBUSTION : If an An owner or operator who chooses to

perform burning at conduct combustion operations shall comply with the following conditions

shall be met :

304.1 Incinerator, Crematory, or Burn

- Off Oven Other than a Parts Reclamation Unit:

No owner or operator of an incinerator, burn

- off oven or crematory shall c onduct burning

after sundown and before sunrise unless a A Continuous Opacity Monitoring System

( COMS ) is operating shall be operated at all times during night burning nighttime

combustion operations and shall comply with the following conditions:

304.2 a. The COMS shall be calibrated and maintained in accordance with EPA Performance

Specification # 1, described in Section 507.2 of this rule and shall be calibrated at

least once per day if night burning is conducted . The COMS shall be located down

stream fr om all particulate control equipment, where condensed water is not present,

free of interference from ambient light (applicable only if transmissometer is respon

sive to ambient light) and accessible in order to permit routine maintenance in

accordance wit h EPA Performance Specification #1 the test method described in

Section 507.2 of this rule.

304.3 b. No night burning shall be conducted until the owner or operator insures that a

properly trained operator is present at all times

. A properly trained COMS o perator

shall be present at all times during nighttime combustion operations. The operator

shall be trained in the proper operation and maintenance of the COMS as well as the

shutdown procedures of the incinerator, crematory or burn

- off oven incinerator,

b urn

- off oven, or crematory . Therefore if the COMS registers opacity readings that

are above higher than the opacity limitations in Section 302 of this rule, then the

operator has the authority and capability to shut down the operation.304.2 Parts Reclamat ion Unit : An owner or operator of a parts reclamation unit who chooses to

conduct nighttime combustion operations without the installation and operation of a

COMS shall:

a. Not cause, allow or permit any visible emissions during combustion during the

nighttime; and

b. Conduct visible emissions observations in compliance with the test method described

in Section 507.4 of this rule at least once per hour during each nighttime combustion

cycle; and

c. Operate and maintain the parts reclamation unit in acc ordance with the manufac

turer’s operations and maintenance manual or other similar written materials sup

plied by the manufacturer or distributor of the unit to ensure the unit remains in

proper operating condition.

d. Operate exclusively with parts recla mation units with an inside stack diameter less

than 10 inches.

305 REQUIREMENTS FOR AIR POLLUTION CONTROL EQUIPMENT OPERATION AND

MAINTENANCE (O&M) PLAN REQUIREMENTS FOR AIR POLLUTION CONTROL

EQUIPMENT AND APPROVED EMISSION CONTROL SYSTEM (ECS): Any pers on
incinerating or otherwise processing particulate emissions pursuant An owner or operator subject

to this rule operating an ECS shall provide, properly install and maintain in calibration, in good

working order and in operation the air pollution control equipment required by this rule. This

includes the following:

305.1 Provide and maintain devices that indicate temperatures, pressures, rates of flow, or other

operating conditions necessary to determine if the air pollution control equipment is

functioning properly and is properly maintained.

305.2 Records shall be kept pursuant Keep records according to Section 501 of this rule that

demonstrate that the air pollution control equipment meets the overall control standards

required in Section 300 of this rule.

305.3 Submit an Operation and Maintenance (O&M) Plan if If the air pollution control equip

ment consists of additional equipment other than an afterburner, such as a baghouse or

venturi scrubber then an Operation and Maintenance (O&M) Plan shall be submitted for

approval to the Control Officer for each additional control system according to the fol

lowing O&M Plan requirements for an Emission Control System (ECS):

a. An owner or operator subject to this rule shall provide and maintain readily available

on

- site at all times (an) O&M Plan(s) for any ECS and any ECS monitoring devices

that are used under this rule or an air pollution control permit.b. An owner or operator subject to this rule shall submit to the Control Officer for

review an O&M Plan(s) for any (ECS) including an ECS monitoring device that is

require d by this rule or required under an air pollution control permit.

c. An owner or operator subject to this rule operating an ECS shall install, maintain and

accurately calibrate monitoring devices listed in the O&M Plan(s) including, but not

limited to, mon itoring devices that measure pressure differentials and other operating

conditions necessary to determine if control devices are functioning properly.

d. An owner or operator who is required to have an O&M Plan for any ECS including

any ECS monitoring devi ces must fully comply with all elements of an O&M Plan(s)

including, but not limited to, every action, schedule, and condition identified in each

O&M Plan.

e. An O&M Plan for any ECS including any ECS monitoring devices shall include all

of the following i nformation:

(1) ECS equipment manufacturer;

(2) ECS equipment model;

(3) ECS equipment identification number or identifier that owner or operator sub

ject to this rule assigns to such ECS equipment when the manufacturer’s equip

ment identification number i s unknown and;

(4) Any other information required by Section 501 of this rule.

f. The owner or operator subject to this rule, who receives a written notice from the

Con trol Officer that an O&M Plan for any ECS including any ECS monitoring

devices is defic ient or inadequate, must make written revisions to the O&M Plan.

The revised O&M Plan must be submitted to the Control Officer within five working

days of receipt of the Control Officer’s written notice, Such time period can be

extended by the Control Offi cer, upon written request and for good cause. During the

time that such owner or operator subject to this rule is preparing revisions to the

O&M Plan, such owner or operator shall still comply with all requirement of this

rule.

SECTION 400

– ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE)

401 COMPLIANCE SCHEDULE : An owner or operator subject to this rule shall must meet all applicable

provisions of this rule by September 22, 2005. In addition:

401.1 An owner or operator subject to this rule shall must inform the Control Officer of the

intention to use any additional equipment to control emissions other than an afterburner by

March 22, 2005.401.2 An owner or operator who plans to burn at night shall ensure that the COMS is installed

properly according to design specifications, calibrated, and operated for a conditioning

period of at least 168 hours minimum and an operational test period of 168 hours before

night burning is performed.

SECTION 500

– MONITORING AND RECORDS

501 RECORDKEEPING: Recordkeeping requirements shall include the following types of information:

An owner or operator subject to this rule shall maintain the records listed below and shall retain

these records for five years. These records shall be kept on

- site in written or electronic for mat, in a

complete and consistent manner. Written or electronic copies shall be made available to the Con

trol Officer upon request. An owner or operator shall keep the following daily records:

501.1 Times of operation;

501.2 Chamber temperatures: Chamber temperatures shall include operating temperatures for

the secondary chamber as well as secondary chamber temperature at the time of the igni

tion of the primary chamber.

501.3 Weight of the materials incinerated shall be determined as follows:

501 .1 a. Incinerators: Total weight charged ;

Daily records of the type of material to be incinerated, total weight charged, chamber

temperatures (secondary chamber temperature at the time of the ignition of the pri

mary chamber and the secondary chamber oper ating temperature) and dates and

times of the day that the incinerator is operating.

501.2 Burn

- Off Ovens: Daily records of the type of material to be burned, chamber tempera

tures (secondary chamber temperature at the time of the ignition of the primary chamber

and the secondary compartment operating temperature) and dates and times of the day

that the burn

- off oven is operating.

501.3 b. Crematories:

(1) Human Crematories: Account for the numbers of bodies cremated; or

(2) Animal Crematories: Account for either the number and type of remains charged

or the weight of the animal(s) charged; or

(3) Large Bodies: If a human or animal crematory combusts a large body (over 300

lbs.), the approximate weight of the body and any alternative operating condi

tion s shall be recorded.

Daily records of the number of bodies cremated, chamber temperatures (second

ary chamber temperature at the time of the ignition of the primary chamber and

the secondary compartment operating temperature) and dates and times of the

day that the crematory is operating. The owner or operator of an animal crema

-tory shall account for either the weight of the animal charged or the number and

type of remains charged. In addition, if a human or animal crematory burns a

large body (over 300 l bs.), the approximate weight of the body and the operating

conditions shall be noted.

502 OPACITY OBSERVATIONS: An owner or operator shall keep records of opacity observations

used to measure visible emissions from activities regulated by this rule. The re cords shall be

compiled, maintained, and retained for each day or night that any activity capable of generating

emissions is conducted. These written records shall include the following information:

502.1 Date, time, and location of all opacity observations; and

502.2 Results of all opacity observations; and

502.3 Corrective action(s) taken, if any.

501.4 503 NIGHT BURNING NIGHTTIME COMBUSTION: If Night burning is conducted the owner or

operator shall: An owner or operator conducting nighttime co mbustion operations shall comply

with the following requirements:

503.1 Nighttime Combustion with a COMS:

a. Maintain a continuous record of opacity readings generated by the COMS. Records

shall include all times that the meter is running properly. Rec ords shall also indicate

when the instrument is inoperative or has been adjusted or repaired.

b. The Record the date and time identifying each period during which the COMS was

inoperative, except for zero and span checks, and the nature of system repair or

adjustment shall be reported. The Control Officer may require request proof of

COMS performance whenever system repairs or adjustments, other than routine

maintenance, have been made.

c. A Maintain a file of all data collected by the COMS or and as necessary to convert

monitoring data to the units of the applicable standard as described for compliance

with Section 507.3 of this rule

.
503.2 Nighttime Combustion without a COMS

– Parts Reclamation Unit : Maintain records of

the v isible emissions observations taken at night during each combustion cycle for each

parts reclamation unit as required by Section 507.4 of this rule. These records shall

include the following:

a. Date, time, and location of all visible emission observations ; and

b. Results of all visible emission observations; and

c. Corrective action(s) taken, if any.504 PREVENTATIVE MAINTENANCE LOG : Maintain a log of equipment preventive mainte nance
activities performed on all equipment or ECS subject to this rule.

501.5 505 ALTERNATE OPERATING CONDITIONS: An owner or operator shall keep records of any

alternate operating conditions including temperatures and residence times, as stated in required by

Sections 301.4 301.3(c) and 301.5 301.3(d) of this rule

, if used

.

506 PER FORMANCE TEST RESULTS: An owner or operator shall maintain records of all exhaust

stack performance tests. Such written records shall include the following information:

506.1 Date, start and end times, and location of all performance tests;

506.2 Results of all tests; and

506.3 Corrective action(s) taken, if necessary.

502 507 COMPLIANCE DETERMINATION

– TEST METHODS: When more than one test method is

permitted for a determination, of determining an exceedance of the limits established in this rule, then

any exceedance determined by using any one of the following applicable test methods shall constitutes

constitute a violation of this rule.

502.1 507.1 For determining Determination of total particulate matter, EPA Methods 1 through 5, or the

EPA alter natives equivalent methods listed in Sections 507.3 and 507.4 of this rule

approved by the Control Officer, shall be used. Both carbon dioxide and oxygen

measurements shall be obtained simultaneously with each Method 5 run.

502.2 507.2 Determination of vis ible emissions compliance shall be made by a certified emissions

observer or by a continuous emission monitor which is maintained and calibrated in

accordance with EPA Performance Specification #1 (40 CFR, Part 60, Appendix B). The

observer shall be qualif

ied as an expert visible emissions evaluator and so certified by the

Arizona Department of Environmental Quality or by any other agency that is acceptable to

the Control Officer.

507.3 Opacity shall be determined by observations of visible emissions conducted in accordance

with EPA Reference Method 9 as modified by EPA Reference Method 203 B.

507.4 The presence or absence of visible emissions shall be detected using EPA Reference Method

22.

508 TEST METHODS INCORPORATED BY REFERENCE: The EPA test meth ods as they exist in the

Code of Federal Regulations (CFR) are incorporated by reference in Appendix G of the Maricopa

County Air Pollution Control Rules and Regulations.

# ________________ _______________________ __

A p p e n d i x 3

### NOTICE OF PUBLIC HEARING

FOR MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS, ORDINANCES, AND

STATE IMPLEMENTATION PLAN (SIP) REVISIONS

NOTICE IS HEREBY GIVEN that the Maricopa County Board of Supervisors will conduct a public hearing

on May 9, 2012 at 9:00 am regarding proposed amendments to Maricopa County A ir Pollution Control Regulations Rule 313 (Incinerators, Burn

- Off Ovens, and Crematories)

. Following the public hearing, the Board is requested to ado pt the proposed amendments and to submit the amended rule as a revision to the Arizona State Implementation Plan (SIP). The public hearing will be held at the Maricopa County Board of Supervisors’ Auditorium, 205 West Jefferson St., Phoenix, Arizona.

The proposed rule changes are included in a D raft Notice of Final Rulemaking, which is now available from the 2012 Rulemaking Events Calendar on the Maricopa County Air Quality Department’s

website . Th is document is also available for public inspection at the Marico pa County Air Quality Department, 1001 N. Central Ave. Suite 595, Phoenix, A Z 85004

# _______________________ _______________________

A p p e n d i x 4

# ______________________ _______________________

A p p e n d i x 5

# _______________________ _______________________

A p p e n d i x 6

### REGULATION III

– CONTROL OF AIR CONTAMINANTS

RULE 313 INCINERATORS, BURN

- OFF OVENS, AND CREMATORIES

INDEX

SECTION 100

– GENERAL

101 PURPOSE

102 APPLICABILITY

103 EXEMPTIONS

SECTION 200

– DEFINITIONS

201 AFTERBURNER

202 BURN

- OFF OVEN

203 COMBUSTIBLE REFUSE

204 CONTINUOUS OPACITY MONITORING SYSTEM (COMS)

205 CREMATION

206 CREMATORY

207 ELECTRIC INDUCTION FURNACE

208 FLUE

209 HOSP ITAL WASTE

210 INCINERATION

211 INCINERATOR

212 MEDICAL WASTE

213 METAL SALVAGE OPERATIONS

214 NIGHTTIME COMBUSTION

215 PARTS RECLAMATION UNIT

216 PATHOLOGICAL WASTE

217 PYROLYSIS/COMBUSTION UNIT

218 RESIDENCE TIME

### SECTION 300

– STANDARDS

301 CONTROLS REQUIRED

302 EMISSIONS STANDARD

– OPACITY

303 EMISSIONS STANDARD

– PARTICULATES

304 NIGHTTIME COMBUSTION

305 OPERATION AND MAINTENANCE (O&M) PLAN REQUIREMENTS FOR AIR POLLUTION CONTROL EQUIPMENT AND APPROVED EMISSION CONTROL SYSTEM (ECS)

SECTION 400

– ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE)

SECTION 500

– MONITORING AND RECORDS

501 RECORDKEEPING

502 OPACITY OBSERVATIONS

503 NIGHTTIME COMBUSTION

504 PREVENTATIVE MAINTENANCE LOG

505 ALTERNATE OPERATING CONDITIONS

506 PERFORMANCE TEST RESULTS

50 7 COMPLIANCE DETERMINATION

– TEST METHODS

508 TEST METHODS INCORPORATED BY REFERENCE

### Revised 07/13/88
Revised 04/07/93
Revised 09/22/04
Revised 05/09/12
MARICOPA COUNTY
AIR POLLUTION CONTROL REGULATIONS
REGULATION III

– CONTROL OF AIR CONTAMINANTS

RULE 313 INCINERATORS, BURN

- OFF OVENS AND CREMATORIES

SECTION 100

– GENERAL

101 PURPOSE: To limit particulate emissions from incinerators, burn

- off ovens and
crematories.

102 APPLICABILITY: This rule applies to the following types of equipment and activities :

102.1 All incinerators except those subject to:

a. Resource Conservation and Recovery Act (RCRA) Subtitle C; or

b. Maricopa County Rule 317 (Hospital/Medical/Infectious Waste Incinerators) and Standards of Performance for Hospital/Medical/Infectious Waste Incinerators for Which Construction Is Commenced After June 20, 1996 (40 CFR Part 60, Subpart Ec); or

c. 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(40 CFR Part 60, Subpart CCCC); or

d. Emissions Guidelines and Compliance Times for Commercial and Industrial
Solid Waste Incineration Units that Commenced Construction On or Before November 30, 1999 (40 CFR Part 60, Subpart DDDD )

.

102.2 Burn

- off ovens used in metal salvage operations or use d to remove nonmetallic coatings from metal parts by the application of heat and meet one of the following
conditions:

a. Charge combustion capacity of greater than 25 lb s per hour; or

b. Int ernal oven volume greater than one (1) cubic yard; or

### c. Fuel burning capacity of primary chamber greater than 200,000 Btu per hour

.

102.3 Crematories.

103 EXEMPTIONS: The following types of equipment and activities are exempt from this
rule:

103.1 Laboratory ovens;

103.2 Environmental test chambers;

103.3 Ovens used in research facilities;

103.4 Flares;

103.5 Curing or drying ovens that are operated at temperatures lower than 600 ° F;

103.6 Electric induction furnaces; and

103.7 Burning

- off of pre

- cleaned items consisting entirely of metal and containing no
d ebris visible to the naked eye. Pre

- cleaning shall be done by flushing with water,
solvent and/or mechanical means.

SECTION 200

– DEFINITIONS: For the purpose of this rule, the following definitions shall apply, in addition to those definitions found in R ule 100 (General Provisions and Definition) of these rules. In the event of any inconsistency between any of the Maricopa County air pollution control rules, the definitions in this rule take precedence.

201 AFTERBURNER

– A heating device associated with an incinerator, burn

- off oven or

crema tory that is designed to provide excess air and heat for complete combustion of the gases in the primary chamber so as to control particulate emissions.

202 BURN

- OFF OVEN

– A heati ng device intended to remove materials such as oils, greases, paints, coatings, rubber, lacquers, and insulation from other materials or parts by combustion or charring.

203 COMBUSTIBLE REFUSE

– Any solid or liquid combustible waste material containing

ca rbon in a free or combined state.

204 CONTINUOUS OPACITY MONITORING SYSTEM (COMS)

– The total equipment necessary for the determination of opacity of emissions which provides a permanent, uninter rupted record of opacity readings.

### 205 CREMATION

– The pro cess of reducing human or animal remains to bone fragments

and ashes in a controlled retort or furnace using heat and/or flame. The reduction takes place through heat and evaporation. Cremation shall also include the processing and pulverization of the bon e fragments.

206 CREMATORY

– A retort used for the cremation of remains (human or animal), body parts, and associated wrappings. This term may also be used to refer to an establishment wherein these remains are cremated. A crematory may be considered exis ting or new, dependent upon the date it was constructed. If it was constructed, modified, or commenced operation, including the contractual obligation to undertake and complete an order for a crematory, prior to Septem ber 22, 2004, then it is an existing crematory.

207 ELECTRIC INDUCTION FURNACE

– A furnace or oven that is used to melt metals by use of electricity as the source of power or an alternating current electric furnace in which primary conductor is coiled and generates by electromagnetic inducti on a secondary current that develops within the metal charge.

208 FLUE

– A duct or passage, such as a stack or chimney, for air contaminants.

209 HOSPITAL WASTE

– Discards generated at a hospital or clinic, except unused items
returned to the manufacturer. The definition of hospital waste does not include human corpses, remains, and anatomical parts that are intended for interment or cremation.

210 INCINERATION

– The process of combustion or pyrolysis involving the chemical
reaction of combust ible waste materials with air in which the primary purpose is the
destruction and reduction in size and mass of the combustible material.

211 INCINERATOR

– Any equipment used for the purpose of reducing the volume and mass by removing combustible matter b y direct combustion or the combustion of waste gases from pyrolysis or gasification. Incinerator designs include single chamber and two

chamber. A two

- chamber incinerator consists of two or more refractory lined combustion chambers in series, physically se parated by refractory walls, interconnected by gas passage ports or ducts designed for maximum combustion of the material to be burned. An “incinerator” does not include devices such as open or screened barrels, drums, or process boilers.

211.1 Primary Ch amber

– The initial compartment of an incinerator wherein the majority of waste volume reduction or heat treatment occurs by combustion. Primary chambers are normally operated at lower temperatures than are secondary
chambers or afterburners.

211.2 Second ary Chamber

– The compartment of an incinerator that operates at excess air conditions wherein destruction of gas

- phase combustion products occurs. Passage ports, ducts, flues, chimneys, or stacks with burners shall not be

### considered controlled secondary chambers unless (1) the combustion zone exhibits design measures for the retention of the gas stream in the chamber, turbulence or mixing, and (2) there is an availability of excess air as determined by engineering analysis.

212 MEDICAL WASTE

– Any non

- ga seous waste, including infectious wastes, which is

gener ated in the diagnosis, treatment, or immunization of human beings or animals, in research pertaining thereto, or in production or testing of biological agents and
substances. Medical waste does not i nclude any wastes identified under subtitle C of the Resource Conservation and Recovery Act (RCRA) as hazardous or as household waste, but includes those pharmaceuticals which are not identified as hazardous by subtitle C of
RCRA. Medical waste does not in clude human or animal remains, caskets, containers, clothing or wrappings from crematories. An expanded definition of medical waste is found in 40 CFR 60, Subpart Ec. The definition of “medical waste” includes, but is not
limited to:

212.1 Cultures and st ocks of infectious agents and human pathological waste;

212.2 Human blood and blood products, ;

212.3 Sharps, needles and broken glass that were in contact with infectious wastes;

212.4 Animal wastes exposed to infectious wastes,;

212.5 Isolation waste s; and

212.6 Unused sharps, needles and syringes.

213 METAL SALVAGE OPERATIONS

– Any source operation in which combustion or pyrolysis is carried on for the principal purpose, or with the principal result, of recovering
metals which are introduced into the operation as essentially pure metals, or alloys thereof, by oxidation of physically intermingled combustible material. Operations, in which there is a complete fusion of all such metals such as in an electric induction furnace, are not considered “meta l salvage operations” for the purpose of this rule.

214 NIGHTTIME COMBUSTION

– Combustion that occurs after sundown and before the following sunrise.

215 PARTS RECLAMATION UNIT

– A burn

- off oven that combusts only paints, lacquers, and varnishes off of i tems (e.g., tools and equipment) so that these items can be
reconditioned and reused. A burn

- off oven used to remove plastic, insulation or rubber from items shall not be considered a parts reclamation unit for the purpose of this rule.

### 216 PATHOLOGICAL W ASTE

– Waste material that consists of only human or animal

remains, anatomical parts and/or tissue, the bags/containers used to collect and transport the waste material, and animal bedding (if applicable).

217 PYROLYSIS/COMBUSTION UNIT

– A combustion uni t that produces gases, liquids, or solids through the heating of waste, and the gases, liquids, or solids produced are
combusted and emis sions vented to the atmosphere.

218 RESIDENCE TIME

– The average time that gases spend in a defined space, also known as “bulk gas average residence time”.

SECTION 300

– STANDARDS

301 CONTROLS REQUIRED : An owner or operator shall comply with the following:

301.1 Incinerators: Combustion of all types of combustible refuse in an incinerator shall be performed in a multiple

- chamber incinerator that oper ates at least at a minimum temperature of 1600 ° F in the secondary chamber or after burner, with a
residence time of at least on e ( 1 ) second in the secondary chamber or afterburner during the period of combustion in order to destroy the combustion products.

301.2 Burn

- Off Ovens: Metal salvage operations or removal of materials utilizing a
burn

- off oven shall employ an oven with at least two chambers. The secondary compartment or afterburner shall operate at a minimum temperature of at least

1400  F with a residence time of at least one

- half (1⁄2) second during the period of combustion in order to destruct the combustion products.
301 .3 Crematories: A crematory shall consist of an incinerator comprised of at least two chambers and that complies with the following conditions:

a. For an existing crematory the burner in the primary chamber shall not be ignited until the secondary chamb er combustion zone temperature is equal to or greater than 800  F. The secondary compartment or afterburner shall operate at a minimum tem perature of at least 1400  F with a residence time of
at least one (1) second during the period of combustion in order to destruct the combustion products.

b. For a new crematory, the burner in the primary chamber shall not be ignited until the secondary chamber combustion zone temperature is equal to or greater than 1000  F. The secondary compartment or afterburner shall operate at a minimum temperature of at least 1600  F with a residence time of at least one (1) second during the period of combustion in order to destruct the combustion products.

### c. Alternate Operating Conditions : If the manufacturer’s optimum d esign specifica tions for the minimum temperature or residence time of a secondary chamber or afterburner at existing crematories are different from the
tempera tures or resi dence times set forth in Section 301.3 (a) of this rule, the manufacturer’s specifi cations may be used instead, providing that the owner or operator demonstrates compliance with the test methods listed in Section
507 of this rule.

d. Additional Operating Conditions for Cremating Large Bodies: Alternate

oper at ing temperatures and special procedures may be required for cremation of large bodies (over 300 lbs.) that are different from the temperatures or
residence times in the afterburner set forth in Section 301.3 of this rule. These alternate times and temperatures may be followed when cremating large bodies, provided that the owner or operator demonstrates compliance with the
test methods listed in Section 507 of this rule.

302 EMISSIONS STANDARD

– OPACITY: An owner or operator shall not cause, allow or permit emissions into the a tmosphere from any incinerator, burn

- off oven, or crematory, for an aggregate of more than 30 seconds in any 60 minutes, for any air contaminant that exceeds 20 percent opacity (Section 507.3 of this rule).

303 EMISSIONS STANDARD

– PARTICULATES: An owner or operator shall not cause, allow, or permit particulate matter emissions into the atmosphere from any incinerator,
burn

- off oven, or crematory, which exceed 0.080 grain per cubic foot of dry flue gas at standard conditions adjusted to 7% oxygen (O 2 

### ) in t he exhaust gases and calculated as if no auxiliary fuel had been used.

304 NIGHTTIME COMBUSTION: An owner or operator who chooses to conduct combustion operations shall comply with the following conditions:

304.1 Incinerator, Crematory, or Burn

- Off Oven Other than a Parts Reclamation
Unit: A Continuous Opacity Monitoring System (COMS) shall be operated at all times during nighttime combustion operations and shall comply with the following conditions:

a. The COMS shall be calibrated and maintained in ac cordance with EPA Performance Specification # 1, described in Section 507.2 of this rule and shall be calibrated at least once per day. The COMS shall be located down

stream from all particulate control equipment, where condensed water is not present, free of interference from ambient light (applicable only if transmissometer is respon sive to ambient light) and accessible in order to permit routine maintenance in accordance with the test method described in
Section 507.2 of this rule.

### b. A properly trai ned COMS operator shall be present at all times during nighttime combustion operations. The operator shall be trained in the proper operation and maintenance of the COMS as well as the shutdown procedures of the incinerator, burn

- off oven, or crematory. Th erefore if the COMS registers opacity readings that are higher than the opacity limitations in Section 302 of this rule, then the operator has the authority and capability to shut down the operation.

304.2 Parts Reclamation Unit: An owner or operator of a parts reclamation unit who chooses to conduct nighttime combustion operations without the installation and operation of a COMS shall:

a. Not cause, allow or permit any visible emissions during combustion during the nighttime; and

b. Conduct visible emissions observations in compliance with the test method described in Section 507.4 of this rule at least once per hour during each nighttime combustion cycle; and

c. Operate and maintain the parts reclamation unit in accordance with the
manufac turer’ s operations and maintenance manual or other similar written materials sup plied by the manufacturer or distributor of the unit to ensure the unit remains in proper operating condition.

d. Operate exclusively with parts reclamation units with an inside stack diameter
less than 10 inches.

305 OPERATION AND MAINTENANCE (O&M) PLAN REQUIREMENTS FOR AIR POLLUTION CONTROL EQUIPMENT AND APPROVED EMISSION CONTROL SYSTEM (ECS): An owner or operator subject to this rule operating an
ECS shall provide, properly install and maintain in calibration, in good working order and in operation the air pollution control equipment required by this rule. This includes the following:

305.1 Provide and maintain devices that indicate temperatures, pre ssures, rates of flow, or other operating conditions necessary to determine if the air pollution control equipment is functioning properly and is properly maintained.

305.2 Keep records according to Section 501 of this rule that demonstrate the air pollut ion control equipment meets the control standards required in Section 300
of this rule.

305.3 Submit an Operation and Maintenance (O&M) Plan if the air pollution control equip ment consists of additional equipment other than an afterburner, such as a

### bagh ouse or venturi scrubber according to the following O&M Plan requirements for an Emission Control System (ECS):

a. An owner or operator subject to this rule shall provide and maintain readily
available on

- site at all times the O&M Plan(s) for any ECS an d any ECS monitoring devices that are used under this rule or an air pollution control permit.

b. An owner or operator subject to this rule shall submit to the Control Officer
for review the O&M Plan(s) for any ECS including an ECS monitoring device
tha t is required by this rule or required under an air pollution control permit.

c. An owner or operator subject to this rule operating an ECS shall install, maintain and accurately calibrate monitoring devices listed in the O&M Plan(s) including, but not limited to, monitoring devices that measure pressure differentials and other operating conditions necessary to determine if control devices are functioning properly.

d. An owner or operator who is required to have O&M Plan (s) for any ECS including any E CS monitoring devices must fully comply with all elements of
the O&M Plan(s) including, but not limited to, every action, schedule, and
condition identified in each O&M Plan.

e. An O&M Plan for any ECS including any ECS monitoring devices shall include all of the following information:

(1) ECS equipment manufacturer;

(2) ECS equipment model;

(3) ECS equipment identification number or identifier that owner or operator
sub ject to this rule assigns to such ECS equipment when the manufacturer’s equip ment identification number is unknown ; and

(4) Any other information required by Section 501 of this rule.

f. The owner or operator subject to this rule, who receives a written notice from
the Con trol Officer that an O& M Plan for any ECS including any ECS monitoring devices is deficient or inadequate, must make written revisions to
the O&M Plan. The revised O&M Plan must be submitted to the Control Officer within five working days of receipt of the Control Officer’s writ ten notice, Such time period can be extended by the Control Officer, upon written request and for good cause. During the time that such owner or operator

### subject to this rule is preparing revisions to the O&M Plan, such owner or operator shall still comply with all requirement of this rule.

SECTION 400

– ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE)

SECTION 500

– MONITORING AND RECORDS

501 RECORDKEEPING : An owner or operator subject to this rule shall maintain the
records listed below and shall retain these records for five years. These records shall be kept on

- site in written or electronic format, in a complete and consistent manner. Written or electronic copies shall be made available to the Con trol Officer upon request. An owner or operator shall ke ep the following daily records:

501.1 Times of operation;

501.2 Chamber temperatures: Chamber temperatures shall include operating temperatures for the secondary chamber as well as secondary chamber temperature at the time of the igni tion of the primary chamber.

501.3 Weight of the materials incinerated shall be determined as follows:

a. Incinerators: Total weight charged

.

b. Crematories:

(1) Human Crematories: Account for the numbers of bodies cremated; or

(2) Animal Crematories: Account for either the number and type of remains charged or the weight of the animal(s) charged; or

(3) Large Bodies: If a human or animal crematory combusts a large body (over 300 lbs.), the approximate weight of the body and any alternative operating condi tions shall be recorded.

502 OPACITY OBSERVATIONS : An owner or operator shall keep records of opacity
observa tions used to measure visible emissions from activities regulated by this rule. The records shall be compiled, maintained, and retained for each day or night that any activity capable of gener ating emissions is conducted. These written records shall include the following information:

502.1 Date, time, and location of all opacity observations; and

502.2 Results of all opacity observations; and

502.3 Corrective action(s) taken, if any.

### 503 NIGHTTIME COMBUSTION : An owner or operator conducting nighttime

combustion operations shall comply with the following requirements:

503.1 Nighttime Combustion With a COMS:

a. Maintain a continuous rec ord of opacity readings generated by the COMS. Records shall include all times that the meter is running properly. Records shall also indicate when the instrument is inoperative or has been adjusted or repaired.

b. Record the date and time identifying each period during which the COMS was inoperative, except for zero and span checks, and the nature of system repair or adjustment shall be reported. The Control Officer may request proof of COMS performance whenever system repairs or adjustments, other tha n routine mainte nance, have been made.

c. Maintain a file of all data collected by the COMS and as necessary to convert monitoring data to the units of the applicable standard as described for compliance with Section 507.3 of this rule.

503.2 Nighttim e Combustion Without a COMS

– Parts Reclamation Unit: Maintain records of the visible emissions observations taken at night during each combustion cycle for each parts reclamation unit as required by Section 507.4 of
this rule. These records shall include the following:

a. Date, time, and location of all visible emission observations; and

b. Results of all visible emission observations; and

c. Corrective action(s) taken, if any.

504 PREVENTATIVE MAINTENANCE LOG: Maintain a log of equipment preventive

ma inte nance activities performed on all equipment or ECS subject to this rule.

505 ALTERNATE OPERATING CONDITIONS: An owner or operator shall keep records of any alternate operating conditions including temperatures and residence times, as required by Sect ions 301.3(c) and 301.3(d) of this rule.

506 PERFORMANCE TEST RESULTS: An owner or operator shall maintain records of all exhaust stack performance tests. Such written records shall include the following
information:

506.1 Date, start and end times, and location of all performance tests;

### 506.2 Results of all tests; and

506.3 Corrective action(s) taken, if necessary.

507 COMPLIANCE DETERMINATION

– TEST METHODS: When more than one test method is permitted for determining an exceedance of the limits estab lished in this rule, then any exceedance determined using any one of the following applicable test methods
shall constitute a violation of this rule.

507.1 Determination of total particulate matter, EPA Methods 1 through 5, or the EPA equivalent methods listed in Sections 507.3 and 507.4 of this rule approved by the Control Officer, shall be used. Both carbon dioxide and oxygen measurements
shall be obtained simultaneously with each Method 5 run.

507.2 Determination of visible emissions compliance shall be made by a certified emissions observer or by a continuous emission monitor which is maintained and calibrated in accordance with EPA Performance Specificat ion #1 (40 CFR, Part 60, Appendix B). The observer shall be qualified as an expert visible emissions evaluator and so certified by the Arizona Department of Environmental Quality or by any other agency that is acceptable to the Control Officer.

507.3 Opac ity shall be determined by observations of visible emissions conducted in accordance with EPA Reference Method 9 as modified by EPA Reference
Method 203 B.

507.4 The presence or absence of visible emissions shall be detected using EPA
Reference Method 22.

508 TEST METHODS INCORPORATED BY REFERENCE: The EPA test methods as they exist in the Code of Federal Regulations (CFR) are incorporated by reference in Appendix G of the Maricopa County Air Pollution Control Rules and Regulations.