NEBRASKA ADMINISTRATIVE CODE

Title 129 – Nebraska Department Of Environmental Quality Chapter 22 - INCINERATORS ; EMISSION STANDARDS

22-1 001 The provisions of this chapter shall apply to all ne w and existing incinerators except for those listed in sections 001.01 through 001.05 of this chapter . Incinerators not included in the exceptions listed in sections 001.01 through 001.05 must comply with construction permit requirements lis ted in Chapter 17, section 001.03. 001.01 Incinerators located on residentia l premises containing five or less dwelling units and used exclusively for the disposal of waste originating on said premises. 001.02 Incinerators used so lely for space heating. 001.03 Incinerators used to burn hazar dous waste and subject to regulations under Nebraska Administrative Code Ti tle 128, Chapter 7, section 008. 001.04 Furnaces used for law enforcement purposes specified in definition of “incinerator” in Chapter 1. 001.05 Air curtain incinerator s subject to Chapter 18 sections 001.68 or 001.69 or which operate in compliance with Chapter 30, section 002.07G and combust only 100 percent wood waste; 100 percent clean lumber; 100 percent yard waste; or a 100 percent mixture of only wood wast e, clean lumber, and/or yard waste. 001.05A Air curtain incinerators must meet additional requirements in section 007 of this chapter

. 002 No person shall cause or permit emissions of particulate matter emissions from any incinerator to be discharged into the out door atmosphere to exceed 0.10 grains per dry standard cubic foot (gr

. /dscf) of exhaust gas, co rrected to 7% oxygen. 003 The burning capacity of an incinerator shall be the manufacturer's or designer's guaranteed maximum rate or such other rate as may be determined by the Director in accordance with good engineering practice.Title 129 Chapter 22

22-2 004 Waste burned during performance test ing required by Chapter 34 shall be representative of the wast e normally generated by the affected facility and shall be charged at a rate equal to the burning capacit y of the incinerator. Copies of any additional operational data recorded during the test shall be submitted to the Department together wit h the completed test report forms. 005 Instructions for proper operation of each incinerator shall be posted on site and written certification that each operator has read these in structions, understands them and intends to comply, shall be kept on record by the owner. 006 Except as provided in sections 006.01 and 006.02 below, each incinerator shall consist of (a) refractory lined combus tion furnace(s) empl oying adequate design parameters necessary for maximum combusti on of the materials to be burned, and shall be designed to vent the products of co mbustion through an adequate stack, duct, or chimney. 006.01 An alternate design for a new uni t may be permitted provided it can be shown that the alternative design is at l east as effective in controlling pollutant emissions as the design crit eria of this section. 006.02 An operating permit can be issued to an existing unit not meeting the design criteria set forth in section 006 above, provided compliance with both section 002 of this chapter and the visible emission standard in section 005 of Chapter 20 can be demonstrated. 007 Air curtain incinerators which com bust only clean lumber, wood waste, and/or yard waste shall meet the following requirements: 007.01 Within 60 days after th e air curtain incinerator r eaches the charge rate at which it will operate, but no later than 180 days after its initial startup, the limitations in sections 007. 01A and 007.01B must be met: 007.01A The opacity limitation is 10 perce nt (6-minute average), except as described in section 007.01B. 007.01B The opacity limitation is 35 per cent (6-minute average) during the startup period that is within t he first 30 minutes of operation. 007.02 Except during malfunctions, the requirements of section 007.01 apply at all times, and each malfunction must not exceed 3 hours. 007.03 Opacity monitoring of the air curtain incineratorshall include: 007.03A Use of Method 9 of appendix A of New Source Performance Standards (40 CFR 60) to determine comp liance with the opacity limitation.Title 129 Chapter 22

22-3 007.03B Conducting an initia l test for opacity as specified in 40 CFR 60.8. 007.03C After the initial test for opacity, conducting annual opacity tests no more than 12 calendar mont hs following the date of the previous test. 007.04 Prior to commencing construction on the air curtain incinerator, submit the three all items described in secti ons 007.04A through 007.04C: 007.04A Notification of intent to c onstruct the air curtain incinerator. 007.04B Planned initia l startup date. 007.04C Types of materials to be burned in the air curtain incinerator. 007.05 Recordkeeping requirements for air curtain incinerators: 007.05A Keep records of results of all initial and annual opacity tests onsite (or readily available) in either o paper copy or electronic format, unless the Director approves another format , for at least five years. 007.05B Make all records available for submittal t o the Director or for an inspector’s onsite review. 007.05C The results (each 6-minute aver age) of the initial opacity tests must be submitted no later than 60 days following the initial test. Submit annual opacity test results within 12 m onths following the previous report. 007.05D Submit initial and ann ual opacity test reports as in electronic or paper copy on or before the applicable submittal date. 007.05E Keep a copy of the initial and annual reports onsite (or readily available) for a period of five years.

Enabling Legislation: Neb. Rev. Stat. §§81-1504(1)(2); 81-1505(1)(2) Legal Citation: Title 129, Ch. 22, NebraskaDepartment of Environmental Quality.