# Appendix H Mississippi APC-S-1 Regulations (Provided for reference, no revisions as part of this action)MISSISSIPPI COMMISSION ON ENVIRONMENTAL QUALITY

"AIR EMISSION REGULATIONS FOR THE PREVENTION, ABATE MENT, AND CONTROL

OF AIR CONTAMINANTS"

APC-S-1

Amended November 16, 2006**ii**

APC-S-1

TABLE OF CONTENTS

SECTION 1: GENERAL .................................

................................................... ......................... PAGE 1

SECTION 2: DEFINITIONS.............................

................................................... ....................... PAGE 1

SECTION 3: SPECIFIC CRITERIA FOR SOURCES OF PARTICU LATE MATTER ..... PAGE 4

SECTION 4: SPECIFIC CRITERIA FOR SOURCES OF SULFUR COMPOUNDS.......... PAGE 7

SECTION 5: SPECIFIC CRITERIA FOR SOURCES OF CHEMICA L EMISSIONS ..... PAGE 10

SECTION 6: NEW SOURCES.............................

................................................... .................. PAGE 10

SECTION 7: EXCEPTIONS ..............................

................................................... .................... PAGE 11

SECTION 8: PROVISIONS FOR HAZARDOUS AIR POLLUTANTS. ............................. PAGE 11

SECTION 9: STACK HEIGHT CONSIDERATIONS............. .............................................. PAGE 12

SECTION 10: PROVISIONS FOR UPSETS, STARTUPS, AND SH UTDOWNS .............. PAGE 15

SECTION 11: SEVERABILITY...........................

................................................... ................. PAGE 17

SECTION 12: PROVISIONS FOR EXISTING HOSPITAL/MEDICA L/INFECTIOUS WASTE

INCINERATORS

................................................... ................................................... ................................................. PA GE 17

SECTION 13: PROVISIONS FOR EXISTING COMMERCIAL AND INDUSTRIAL SOLID

WASTE INCINERATION UNITS ...........................

................................................... ............. PAGE 42

SECTION 14: PROVISIONS FOR THE CLEAN AIR INTERSTATE RULE ................... PAGE 45**1**

MISSISSIPPI COMMISSION ON ENVIRONMENTAL QUALITY

AIR EMISSION REGULATIONS FOR THE PREVENTION, ABATE MENT,

AND CONTROL OF AIR CONTAMINANTS

APC-S-1

Amended November 16, 2006

SECTION 1. GENERAL

**1. Authority. Pursuant to the authority granted by Miss. Code Ann.**  ' **49-17-17, the following regulations are adopted for the purpose of preventi**  **ng, abating, and controlling air pollution caused by air contaminants being discharged into th**  **e atmosphere as particulates, smoke, fly ash, solvents, and other chemicals or combinations**  **thereof.**

**2. Except as otherwise noted herein, stack emission s testing for demonstration of compliance**  **with the regulations herein may be performed in acc ordance with the Test Methods of the U.**  **S. Environmental Protection Agency in place at the time testing is performed or as otherwise**  **approved by the staff of the Mississippi Office of Pollution Control and the U. S.**  **Environmental Protection Agency.**

**Notwithstanding this or any other provision in thes e or any other regulations, the owner or**  **operator may use any credible evidence or informati on relevant to whether a source would**  **have been in compliance with applicable requirement s if the appropriate performance or**  **compliance test had been performed, for the purpose of submitting compliance certifications.** 

**Notwithstanding any other provision in these or any other air pollution control regulations,**  **any credible evidence or information relevant to wh ether a source would have been in**  **compliance with applicable requirements if the appr opriate performance or compliance test**  **had been performed, can be used to establish whethe r or not a person has violated or is in**  **violation of any standard or applicable requirement**

**.**

**3. In the event of a conflict between any of the re quirements of these regulations and/or**  **applicable requirements of any other regulation or law, the more stringent requirements shall**  **be applied.**

SECTION 2. DEFINITIONS

**The terms used in the regulations shall, unless the context otherwise requires, have the following**  **meanings:**

**1. "Air cleaning device." Any method, process or equipment which removes, reduces or**  **renders less noxious air contaminants discharged in to the atmosphere.** 

**2. "Air contaminant." Particulate matter, dust, f umes, gas, mist, smoke, or vapor, or any**  **combination thereof produced by processes other tha n natural.** **2**

**3. "Air contamination." The presence in the outdo or ambient air of one or more air** 

**contaminants which contribute to a condition of air pollution.** 

**4. "Air contamination source." Any source at, fro m, or by reason of which there is emitted into**  **the ambient air any air contaminant, regardless of who the person may be who owns or**  **operates the building, premises, or other property in, at, or on which such source is located,**  **or the facility, equipment or other property by whi ch the emission is caused or from which** 

**the emission comes.**

**5. "Air contaminant point source." Any single poi nt of emissions of any air contaminant such** 

**as from an individual machine or combustion device.**

**6. "Air pollution." The presence in the outdoor a mbient air of one or more air contaminants in**  **quantities, of characteristic, and of a duration wh ich are materially injurious or can be**  **reasonably expected to become materially injurious to human, plant, or animal life or to**  **property, or which unreasonably interfere with enjo yment of life or use of property**  **throughout the State or throughout such area of the State as shall be affected thereby.** 

**7. "Ambient air." The encompassing atmosphere exi sting in the matter of space and to which**  **life of this earth is adapted. For the purposes of these regulations, that portion of the**  **atmosphere outside of buildings, stacks, and ducts.**

**8. "Atmosphere." The air that envelopes or surrou nds the earth. This term is synonymous with** 

**ambient air.**

**9. "Commission." The Mississippi Commission on En vironmental Quality.** 

**10. "Excess (or excessive) emission." The operatio n of a facility in which the emission of one or**  **more pollutants exceeds the applicable limit(s).**

**11. "Fly ash." Particulate matter capable of being gasborne or airborne or carried in the gas**  **stream and consisting essentially of ash, fused ash , and/or unburned material.** 

**12. "Ground level." Unless otherwise specified in sampling techniques, will be considered to be**  **in the range of one to twenty (20) feet of ground l evel. For ambient sampling, it shall also be**  **outside the boundaries of the property which contai ns the air pollution source.** 

**13. "Incinerator." A combustion device specificall y designed for the destruction by high**  **temperature burning of solid, semi-solid, liquid or gaseous combustible wastes and from** 

**which the solid residues contain little or no combu stibles.** 

**14. "Modification." Any physical change in, or cha nge in the method of operation of, an affected**  **facility which increases the amount of any air poll utant emitted by such facility or which**  **results in the emission of any air pollutant not pr eviously emitted, except that:** **3 (1) Routine maintenance, repair and replacement sha**  **ll not be considered physical changes, and** 

**(2) An increase in the production rate or hours of operation shall not be**  **considered a change in the method of operation, unl ess it is prohibited by a**  **permit.**

**15. "Multiple chamber incinerator." Any article, m achine, equipment, contrivance, structure, or**  **any part thereof used to dispose of combustible ref use by burning, which consists of three or**  **more refractory walls, interconnected by gas passag e points or ducts and employing adequate**  **design parameters necessary for maximum combustion of the material to be burned.** 

**16. "Opacity." The degree to which emissions reduc e the transmission of light and obscure the**  **background.**

**17. "Open burning." The combustion of solid waste without (1) control of combustion air to**  **maintain adequate temperature for efficient combust ion, (2) containment of the combustion**  **reaction in an enclosed device to provide sufficien t residence time and mixing for complete**  **combustion, and (3) control of the emission of the combustion products.** 

**18. "Ozone Action Day." A day(s) occurring between April 1 and September 30 of each year**  **which the Executive Director has designated as bein g conducive to high rates of ozone**  **formation for a named county(ies) among DeSoto, Han cock, Harrison, and Jackson Counties.** 

**19. "Particulate matter." Any airborne finely divi ded solid or liquid material with an**  **aerodynamic diameter smaller than 100 micrometers.**

**20. "Particulate matter emissions." All finely div ided solid or liquid material, other than**  **uncombined water, emitted to the ambient air as mea sured by an applicable EPA Test**  **Method, an equivalent or alternative method specifi ed by the EPA, or by a test method**  **specified in the approved State Implementation Plan**

**.**

**21. "Person." The State or other agency, or instit ution thereof, any municipality, political**  **subdivision, public or private corporation, individ ual, partnership, association, or other**  **entity, and includes any officer or governing or ma naging body of any municipality, political**  **subdivision, or public or private corporation, or t he United States or any officer or employee** 

**thereof.**

**22. "PM 10**  **." Particulate matter with an aerodynamic diameter less than or equal to a nominal 10**  **micrometers as measured by a reference method based on Appendix J of 40 CFR 50 and**  **designated in accordance with 40 CFR 53 or by an eq uivalent method designated in** 

**accordance with 40 CFR Part 53.**

**23. "PM 10**  **emissions." Finely divided solid or liquid materi al, with an aerodynamic diameter less**  **than or equal to a nominal 10 micrometers, emitted to the ambient air as measured by an**  **applicable EPA Test Method, an equivalent or alter nate method specified by the EPA, or by**  **a test method specified in the approved State Imple mentation Plan.** **4**

**24. "Process weight." The total weight of all mate rials introduced into a source operation**  **including solid fuels and water. Excluded material s are as follows: Liquids and gases used**  **solely as fuels or as a means of conveyance, liquid s used as a pollutant removal medium,**  **recycled process materials counted at initial intro duction, and air introduced for purposes of** 

**combustion.**

**25. "Recreational area." Recreational area means:**

**a. a national, state, county, or city designated pa rk; or** 

**b. an outdoor recreational area, such as a golf cou rse or swimming pool, owned by a**  **city, county, or other public agency.**

**26. "Residential area." Residential area means:**

**a. a group of 20 or more single family dwelling uni ts on contiguous property and having**  **an average density of two or more units per acre, o r** 

**b. a group of 40 or more single family dwelling uni ts on contiguous property and having**  **an average density of one or more units per acre, o r** 

**c. a subdivision containing at least 20 constructed houses, in which the subdivision plat**  **is recorded in the chancery clerk's office of the a ppropriate county.** 

**27. "Shutdown." The termination of operation of eq uipment. Relative to fuel-burning**  **equipment, a shutdown shall be construed to occur o nly when a unit is taken from a fired to a** 

**non-fired state.**

**28. "Smoke." Small gasborne particles resulting fr om incomplete combustion and consisting**  **predominantly, but not exclusively, of carbon, ash, and other combustible material.** 

**29. "Soot." Aggregated particles consisting mainly of carbonaceous material.** 

**30. "Soot blowing." The removal by mechanical mean s of accumulated carbon and/or ash from**  **heat transfer surfaces of an operating fuel-burning unit.** 

**31. "Standard conditions." Standard conditions for gas measurement and calculation will be a**  **temperature of 60 degrees Fahrenheit and a pressure of 14.7 pounds per square inch absolute**  **except where set by Applicable Rules and Regulation s.** 

**32. "Startup." The bringing into operation from a non-operative condition. Relative to fuel**  **burning equipment, a startup shall be construed to occur only when a unit is taken from a** 

**non-fired to a fired state.**

**33. "Total reduced sulfur, (TRS)" means hydrogen su lfide, mercaptans, dimethyl sulfide, and any**  **other organic sulfides present. 5** 

**34. "Total suspended particulate." Particulate mat ter as measured by the method described in**  **Appendix B of 40 CFR 50.**

**35. "Upset." An unexpected and unplanned condition of operation of the facility in which**  **equipment operates outside of the normal and planne d parameters. An upset shall not**  **include a condition of operation caused by improper ly designed equipment, lack of**  **preventive maintenance, careless or improper operat ion, operator error, or an intentional**  **startup or shutdown of equipment.**

SECTION 3. SPECIFIC CRITERIA FOR SOURCES OF PARTIC ULATE MATTER

**1. Smoke**

**(a) No person shall cause, permit, or allow the emi ssion of smoke from a point source**  **into the open air from any manufacturing, industria l, commercial or waste disposal**  **process which exceeds forty (40) percent opacity su bject to the exceptions provided**  **in (b) & (c).**

**(b) Startup operations may produce emissions which exceed 40% opacity for up to**  **fifteen (15) minutes per startup in any one hour an d not to exceed three (3) startups**  **per stack in any twenty-four (24) hour period.**

**(c) Emissions resulting from soot blowing operation s shall be permitted provided such**  **emissions do not exceed 60 percent opacity, and pro vided further that the aggregate**  **duration of such emissions during any twenty-four ( 24) hour period does not exceed**  **ten (10) minutes per billion BTU gross heating valu e of fuel in any one hour.** 

**2. Equivalent Opacity. No person shall cause, allo w, or permit the discharge into the ambient**  **air from any point source or emissions, any air con taminant of such opacity as to obscure an**  **observer's view to a degree in excess of 40% opacit y, equivalent to that provided in Section**  **3.1(a). This shall not apply to vision obscuration caused by uncombined water droplets.** 

**3. General Nuisances. No person shall cause, permi t, or allow the emission of particles, or any** 

**contaminants in sufficient amounts or of such durat ion from any process as to be injurious to**  **humans, animals, plants, or property, or to be a pu blic nuisance, or create a condition of air**  **pollution.**

**(a) No person shall cause or permit the handling or transporting or storage of any**  **material in a manner which allows or may allow unne cessary amounts of particulate** 

**matter to become airborne.**

**(b) When dust, fumes, gases, mist, odorous matter, vapors, or any combination thereof**  **escape from a building or equipment in such a manne r and amount as to cause a**  **nuisance to property other than that from which it originated or to violate any other**  **provision of this regulation, the Commission may or der such corrected in a way that** **6 all air and gases or air and gasborne material leav**  **ing the building or equipment are controlled or removed prior to discharge to the ope**  **n air.**

**4. Fuel Burning**

**(a) Fossil Fuel Burning. The maximum permissible e mission of ash and/or particulate**  **matter from fossil fuel burning installations shall be limited as follows:** 

**(1) Emissions from installations of less than 10 mi llion BTU per hour heat input**  **shall not exceed 0.6 pounds per million BTU per hou r heat input.** 

**(2) Emissions from installations equal to or greate r than 10 million BTU per hour**  **heat input but less than 10,000 million BTU per hou r heat input shall not**  **exceed an emission rate as determined by the relati onship** 

**E = 0.8808 * I** **-0.1667**

**where E is the emission rate in pounds per million BTU per hour heat input**  **and I is the heat input in millions of BTU per hour**

**.**

**(3) Emissions from installations equal to or greate r than 10,000 million BTU per**  **hour heat input shall not exceed 0.19 pounds per mi llion BTU per hour heat**  **input.**

**(b) Combination Boilers. Fuel burning operations u tilizing a mixture of combustibles**  **such as, but not limited to, fossil fuels plus bark , oil plus bark, or spent wood, or**  **water treatment by-products sludge, may be allowed emission rates up to 0.30 grains**  **per standard dry cubic foot.**

**5. Kraft Process Recovery Boilers. The emissions o f particulate matter from a recovery furnace**  **stack shall not exceed four (4) pounds per ton of e quivalent air-dried Kraft pulp produced at**  **any given time.**

**6. Manufacturing Processes.**

**(a) General. Except as otherwise specified, no per son shall cause, permit, or allow the**  **emission from any manufacturing process, in any one hour from any point source,**  **particulate matter in total quantities in excess of the amount determined by the**  **relationship**

**E = 4.1 p 0.67** 

**where E is the emission rate in pounds per hour and p is the process weight input rate**  **in tons per hour.**

**Conveyor discharge of coarse solid matter may be al lowed if no nuisance is created**  **beyond the property boundary where the discharge oc curs.** **7**

**(b) Kraft Pulping Mills. All mills existing prior to January 25, 1972, and not modified**  **subsequent thereto shall comply with the following emission limits:** 

**(1) Recovery Furnaces. The emission of particulate matter from recovery**  **furnace stacks shall not exceed four pounds per ton of equivalent air-dried**  **Kraft pulp.**

**(2) Lime Kilns. The emission of particulate matter from lime kilns shall not**  **exceed one pound per ton of equivalent air-dried Kr aft pulp.** 

**(3) Smelt Tanks. The emission of particulate matte r from smelt tanks shall not**  **exceed one-half pound per ton of equivalent air-dri ed Kraft pulp.** 

**7. Open Burning. The open burning of residential, commercial, institutional, or industrial solid**  **waste, is prohibited. This prohibition does not ap ply to infrequent burning of agricultural**  **wastes in the field, silvicultural wastes for fores t management purposes, land-clearing debris,**  **debris from emergency clean-up operations, and ordn ance; and permitted open burning at**  **hazardous waste disposal facilities subject to regu lation under Subtitle C of the Federal**  **Resource Conservation and Recovery Act (RCRA).**

**(a) Fires set for the burning of agricultural waste s in the field and/or silvicultural wastes**  **for forest management purposes must meet the follow ing conditions.** 

**(1) A Permit must be obtained from the Mississippi Fore**  **stry Commission when there is a Forestry Commission tower serving the ar**  **ea in which the burning**

**occurs.**

**(2) The open burning must occur within a time perio d allowing adequate**  **diffusion of air pollutants as defined by the permi t and the daily weather**  **guides issued by the National Weather Forecast Offi ce.** 

**(3) Starter or auxiliary fuels may consist of dried vegetation, petroleum derived**  **fuels of the gasoline, kerosene, or light fuel oil types (diesel), or a**  **combination thereof. Use of or burning of other co mbustible material that**  **causes excessive visible emission (e.g., rubber tir es, plastic materials, etc.) is**  **prohibited.**

**(b) Open burning of land-clearing debris must not u se starter or auxiliary fuels which**  **cause excessive smoke (rubber tires, plastics, etc. ); must not be performed if**  **prohibited by local ordinances; must not cause a tr affic hazard; must not take place**  **where there is a High Fire Danger Alert declared by the Mississippi Forestry**  **Commission or Emergency Air Pollution Episode Alert imposed by the Executive**  **Director and must meet the following buffer zones.**

**(1) Open burning without a forced-draft air system must not occur within 500**  **yards of an occupied dwelling. 8** 

**(2) Open burning utilizing a forced-draft air syste m on all fires to improve the**  **combustion rate and reduce smoke may be done within 500 yards of but not**  **within 50 yards of an occupied dwelling.**

**(3) Burning must not occur within 500 yards of comm ercial airport property,**  **private air fields, or marked off-runway aircraft a pproach corridors unless**  **written approval to conduct burning is secured from the proper airport**  **authority, owner or operator.**

**(c) Permitted open burning at a hazardous waste disposa**  **l facility subject to regulation under Subtitle C of RCRA is considered a stationary**  **source of air pollution subject to Mississippi air emission permitting regulations.** 

**(d) Ozone Action Days in DeSoto County, Hancock County,**  **Harrison County and Jackson County. In DeSoto County, Hancock County,**  **Harrison County, or Jackson County, open burning of agricultural wastes and sil**  **vicultural wastes described in 7(a) above, open burning of land-clearing debris describ**  **ed in 7(b) above, and permitted open burning at a hazardous waste disposal facility**  **described in 7(c) above are prohibited in said county when an Ozone Action Day**  **is declared by the Executive Director for the county(ies). Ozone Action Days sha**  **ll be noticed the evening before on the MDEQ website at http://deq.state.ms.us, and/**  **or with local news media. The Mississippi Department of Transportation, Mississip**  **pi State Forestry Commission**

**and local fire officials shall also be notified the evening before an Ozone Action Day.** 

**8. Incineration.**

**(a) The maximum discharge of particulate matter fro m any incinerator, except those**  **specified in paragraph (b) of this section, or thos e specified in Section 6 and**  **Section 12 shall not exceed 0.2 grains per standard dry cubic foot of flue gas**  **calculated to twelve percent (12%) carbon dioxide b y volume for products of**  **combustion. This limitation shall apply when the i ncinerator is operating at design**  **capacity.**

**The carbon dioxide produced by combustion of any au xiliary fuels shall be excluded**  **from the calculation to twelve percent (12%) carbon dioxide. After May 8, 1970, any**  **new equipment shall be of the multiple chamber type or its equivalent for emission** 

**control. In critical areas where an installation i s in close proximity to a residential**  **area, an incinerator, except those specified in par agraph (b) of this section, or those**  **specified in Section 6 and Section 12, shall be lim ited to emissions of 0.1 grains per**  **standard dry cubic foot of flue gases calculated to twelve percent (12%) carbon**  **dioxide by volume for products of combustion.**

**(b) The maximum discharge of smoke from the inciner ation of waste material resulting**  **totally from the ginning of cotton shall not obscur e an observer's view to a degree in**  **excess of 40% opacity. 9**  **Start-up operations may produce emissions which exc eed 40% opacity for up to**  **fifteen minutes per start-up in any one hour not to exceed three (3) start-ups in any**  **twenty-four (24) hour period.**

**After July 1, 1994, the emission limitation specifi ed in paragraph (a) of this section**  **shall also be applicable to cotton gin waste incine rators.** 

**9. Sampling Ports.** 

**(a) New Equipment: The owner or operator of any ne w air pollution control equipment,**  **obtained after May 8, 1970, and vented to the atmos phere, shall have necessary**  **sampling ports and ease of accessibility.**

**(b) Existing Equipment: The owner or operator of a ir pollution control equipment that is**  **in existence prior to May 8, 1970, shall provide th e necessary sampling ports and**  **ease of accessibility when deemed necessary by the Permit Board.** 

**10. More Restrictive Emission Limits. The Commissi on reserves the right to prescribe more**  **stringent emission limits as it deems necessary in problem areas. The expansion, alteration,**  **or establishment of a new industry may also result in the prescription of more stringent** 

**emission limits.**

SECTION 4. SPECIFIC CRITERIA FOR SOURCES OF SULFUR COMPOUNDS

**1. Sulfur Dioxide Emissions from Fuel Burning**

**(a) The maximum discharge of sulfur oxides from any fuel burning installation in which**  **the fuel is burned primarily to produce heat or pow er by indirect heat transfer shall**  **not exceed 4.8 pounds (measured as sulfur dioxide) per million BTU heat input.** 

**(b) No person shall cause or permit the burning of fuel in any fuel burning equipment**  **that results in an average emission of sulfur dioxi de from any calendar year at a rate**  **greater than was emitted by said fuel burning equip ment for the corresponding**  **calendar year 1970 unless otherwise authorized by t he Commission. Installations**  **under construction on January 25, 1972, are exclude d from this requirement.** 

**(c) The maximum discharge of sulfur dioxide from an y modified fuel burning unit**  **whose generation capacity is less than 250 million BTU per hour and in which the**  **fuel is burned primarily to produce heat or power b y indirect heat transfer shall not**  **exceed 2.4 pounds (measured as sulfur dioxide) per million BTU heat input. For the**  **purposes of Section 4 of these regulations only, "m odification" shall mean any**  **physical change in an Air Contaminant Source which increases the amount of any air**  **pollutant (to which a standard applies) emitted by such source or which results in the**  **emission of any air pollutant (to which a standard applies) not previously emitted.** 

**2. Sulfur Dioxide Emissions from Processes 10**  **(a) Except as otherwise provided herein, no person shall cause or permit the emission of**  **gas containing sulfur oxides (measured as sulfur di oxide) in excess of 2,000 ppm**  **(volume) from any process equipment in existence o n January 25, 1972, or in excess**  **of 500 ppm (volume) from any process equipment con structed after January 25,**  **1972. The 500 ppm (volume) requirement shall apply for equipment constructed**  **after January 25, 1972 unless otherwise provided by the Commission.** 

**(b) Except as otherwise provided in paragraph 2(f)( 1), no person shall cause or permit**  **the emission of any gas stream which contains hydro gen sulfide in excess of one**  **grain per 100 standard cubic feet.**

**Gas streams containing hydrogen sulfide in excess o f one grain per 100 standard**  **cubic feet shall be incinerated at temperatures of not less than 1600**  **o F for a period of**  **not less than 0.5 seconds, or processed in such man ner which is equivalent to or more**  **effective for the removal of hydrogen sulfide.**

**Sulfur dioxide concentration limitations in the gas streams resulting from such**  **incineration or processing shall be determined for each emission point on a case-by**  **case basis to insure that the resulting maximum gro und level concentration of sulfur**  **dioxide as determined by acceptable method or metho ds will be in compliance with**  **the National Ambient Air Quality Standards for sulf ur dioxide. Testing to determine**  **the productive capacity of new fields shall be exem pted from emission limitation**  **provisions of the paragraph of the regulation provi ding such testing has been**  **previously negotiated and approved by the Mississip pi Office of Pollution Control.** 

**This regulation shall not apply to sulfur recovery plants.** 

**(c) No person shall cause or permit acid mist emiss ions from sulfuric acid manufacturing**  **plants to exceed 0.5 pounds/ton of acid produced. Sulfur trioxide emissions from**  **sulfuric acid manufacturing plants shall not exceed 0.2 pounds/ton of acid produced.** 

**(d) No person shall cause or permit emission of sul fur oxides, calculated as sulfur**  **dioxide, from a sulfur recovery plant to exceed 0.1 2 pounds per pound of sulfur**  **processed.**

**(e) No person shall cause or permit emissions of su lfur oxides, calculated as sulfur**  **dioxide, from primary nonferrous smelters, in exces s of the emission calculated as** 

**follows:**

**Copper smelters: Y = 0.2X**

**Zinc smelters: Y = 0.564X 0.85** 

**Lead smelters: Y = 0.98X 0.77** 

**Where X is the total sulfur fed to the smelter in p ounds/hour and Y is the allowable**  **sulfur emissions in pounds/hour.**

**(f) Kraft Pulp Mills 11** 

**1. All mills existing prior to November 1, 1987, an d not modified subsequent**  **thereto, excluding mills or facilities subject to N ew Source Performance**  **Standards, shall control the emission of total redu ced sulfur compounds**  **(TRS) so as to not exceed the emission limits set f orth below:** 

**a. Straight recovery boiler systems - twenty (20) p arts per million TRS,**  **expressed as hydrogen sulfide on a dry gas basis co rrected to 8%**  **oxygen, on a 12-hour average basis, except that:**

**i. the International Paper Company, Vicksburg, Miss issippi,**  **shall be allowed 40 parts per million TRS, expresse d as**  **hydrogen sulfide on a dry gas basis corrected to 8% oxygen,**  **on a 12-hour average basis,**

**ii. the International Paper Company, Natchez, Missi ssippi,**  **Recovery Boilers 4 & 5, shall be allowed 40 parts p er million**  **TRS, expressed as hydrogen sulfide on a dry gas bas is**  **corrected to 8% oxygen, on a 12-hour average basis, and** 

**iii. the Georgia-Pacific Corporation, Monticello, M ississippi,**  **shall be allowed 40 parts per million TRS, expresse d as**  **hydrogen sulfide on a dry gas basis corrected to 8% oxygen,**  **on a 12-hour average basis.**

**b. Lime kiln systems - twenty (20) parts per millio n of TRS, expressed**  **as hydrogen sulfide on a dry gas basis corrected to 10% oxygen, on a**  **12-hour average basis.**

**c. Digester systems - five (5) parts per million of TRS, expressed as**  **hydrogen sulfide on a dry gas basis corrected to 10 % oxygen, on a 12-**  **hour average basis.**

**d. Multiple effect evaporator systems - five (5) parts**  **per million of TRS, expressed as hydrogen sulfide on a dry gas basis co**  **rrected to 10% oxygen, on a 12-hour average basis.** 

**e. Condensate stripper systems - five (5) parts per million of TRS,**  **expressed as hydrogen sulfide on a dry gas basis co rrected to 10%**  **oxygen, on a 12-hour average basis.**

**f. Smelt dissolving tank - 0.016 gram of TRS, expre ssed as hydrogen**  **sulfide on a dry gas basis, per kilogram of black l iquor solids (dry**  **weight).**

**g. Equivalent control systems (controls for treatin g collected**  **noncondensible gases in a manner equivalent to inci neration in a lime** **12 kiln) - five (5) parts per million TRS, expressed a**  **s hydrogen sulfide on a dry gas basis, corrected to the actual oxygen**  **content of the untreated gas stream, on a 12-hour average basis.** 

**2. All mills, as defined above, shall, by February 1, 1988, demonstrate**  **compliance with the TRS emission limits set forth a bove. Compliance**  **demonstration for recovery boilers, lime kilns, sme lt tanks, and equivalent**  **control systems for collected noncondensible gases shall be by testing in** 

**accordance with EPA Test Method 16 or 16A and submi ttal of a stack test**  **report. Compliance demonstration for digester syst ems, multiple effect**  **evaporator systems and condensate stripper systems shall be by certification**  **that these systems are fully connected to a noncond ensible gas collection**  **system followed by incineration in the lime kiln or equivalent control and**  **testing of lime kiln or equivalent control as speci fied above. A compliance**  **schedule may be submitted, as set forth below, on a ny or all systems not**  **expected to comply with the emission limit and such submittal will negate the**  **requirement for immediate compliance demonstration, as referenced above,**  **on those systems.**

**Any mill defined above which, on November 1, 1987, is unable to comply**  **with the emission limits set forth above, shall, wi thin three (3) months**  **thereafter, submit a schedule for attaining complia nce with these limits. The**  **compliance schedule shall not extend past November 1, 1990. Compliance**  **with emission limits shall be demonstrated by the m ethods specified above,**  **as appropriate, no later than the end of the compli ance schedule. Compliance**  **demonstration for recovery boilers, lime kilns, sme lt tanks, and equivalent**  **control systems for collected noncondensible gases shall be by testing in** 

**accordance with EPA Test Method 16 or 16A and submi ttal of a stack test**  **report. Compliance demonstration for digester syst ems, multiple effect**  **evaporator systems and condensate stripper systems shall be by certification**  **that these systems are fully connected to a noncond ensible gas collection**  **system followed by incineration in the lime kiln or equivalent control and**  **testing of lime kiln or equivalent control as speci fied above.** 

**3. All mills, as defined above, shall monitor the e mission of TRS and/or other**  **gas constituents as described below:**

**a. The TRS emission concentration in recovery boile r flue gas shall be**  **monitored by either:**

**i. A continuous monitoring device which meets the requirements of 40 CFR 60, Performance Specificatio**  **n 5; or**

**ii. Performance of EPA Method 16 or 16A on no less than a**  **(calendar) quarterly basis. 13**  **b. The oxygen concentration in recovery boiler flue gas shall be**  **continuously monitored by a device which meets the requirements of**  **40 CFR 60, Performance Specification 3.**

**c. The TRS concentration in lime kiln flue gas shall b**  **e continuously monitored by a device which meets the requirements**  **of 40 CFR 60, Performance Specification 5.** 

**d. The oxygen concentration in lime kiln flue gas s hall be continuously**  **monitored by a device which meets the requirements of 40 CFR 60,**  **Performance Specification 3.**

**All mills, as defined above, shall obtain the neces sary continuous monitoring**  **equipment and begin monitoring by November 1, 1988, or no later than the**  **date of final compliance with the regulation, if co mpliance is not immediate.**  **For mills choosing to use EPA Method 16 or 16A for recovery boiler**  **monitoring, the necessary equipment and/or monitori ng capability must be**  **obtained by February 1, 1988. Also, when Method 1 6 or 16A is used, each**  **successive quarter's testing shall be separated fro m the previous quarter's by a**  **period of not less than sixty (60) days and prior n otice to the Mississippi**  **Office of Pollution Control of all testing shall be made.** 

**All mills, as defined above, shall calculate and re cord, on a daily basis, the**  **12-hour average TRS concentration and O 2**  **concentration for the two consecutive operating periods of each operating day**  **for both the recovery boiler (if continuously monitored) and lime kiln.**  **Each 12-hour average shall be determined as the arithmetic mean of the appropr**  **iate 12 continuous 1-hour average concentrations. Each 12-hour average TRS c**  **oncentration shall be corrected to 10%, or 8% O**  **2 , as appropriate to the emission limit, using the**  **equation defined in 40 CFR 60.284(c)(3).**

**All mills, as defined above, shall report, for each calendar quarter, the periods**  **of emissions which exceed the TRS limits specified above from the recovery**  **boiler and lime kiln. The report shall specify the 12-hour period of each**  **exceedance by time and date, the average emissions concentration for the**  **period, and total number of 12-hour periods of mill operation during the**  **quarter. The report shall also detail all outages of the monitoring devices by**  **time and date. The report shall be due within fort y-five (45) days following**  **the end of the calendar quarter.**

SECTION 5. SPECIFIC CRITERIA FOR SOURCES OF CHEMIC AL EMISSIONS

**1. Fluorides. No person shall allow the emission o f fluorides into the ambient air in excess of**  **four-tenths (0.4) pound per ton of P 2**  **O 5**  **or equivalent. The allowable emission of fluoride s**  **shall be calculated by multiplying the unit emissio n, specified above, times the expressed**  **design production capacity of the installation or p lant.** **14**

**2. Miscellaneous Chemical Emissions. No person sha ll cause, permit, or allow the emission of**  **toxic, noxious, or deleterious substances, in addit ion to those considered in these regulations,** 

**into the ambient air in concentrations sufficient t o affect human health and well-being, or**  **unreasonably interfere with the enjoyment of proper ty or unreasonably and adversely affect**  **plant or animal life beyond the boundaries of the p roperty containing the air pollution source.** 

SECTION 6. NEW SOURCES

**The provisions of this section apply to the owner o r operator of any source listed herein, the** 

**construction or modification of which is commenced after the date of adoption of specific emission**  **limitations applicable to such source.**

**1. Kraft Pulping Mills. All sources shall minimize gaseous and particulate emission by use of**  **modern equipment, devices, maintenance, and operati ng practices in accordance with best**  **current technology. In no case shall emissions exc eed the limits set forth in any applicable**  **Federal Standard of Performance for New Stationary Sources.** 

**2. Other Limitations. The Mississippi Pollution Co ntrol Permit Board, in accordance with**  **Commission Regulation APC-S-2, may require more str ingent emission limitations which it**  **deems necessary to meet applicable national primary and secondary ambient air quality**  **standards, necessary to insure that ambient air pol lution concentrations do not exceed**  **ambient air increments or violate other requirement s under Federal Prevention of Significant**  **Deterioration (PSD) regulations promulgated by the U.S. Environmental Protection Agency**  **as of August 23, 1989, pursuant to Section 160 thro ugh 169 of the Federal Clean Air Act as**  **amended, or necessary to meet other Federal law or regulations enacted or promulgated**  **subsequent to this regulation.**

**3. New Source Performance Standards. The Federal N ew Source Performance Standards are**  **those duly promulgated by the U.S. Environmental Pr otection Agency in (or to be printed in)**  **40 C.F.R. Part 60, pursuant to Section 111 of the F ederal Clean Air Act, as amended, and**  **Consolidated Federal Air Rule provisions duly promu lgated by the U.S. Environmental**  **Protection Agency in (or to be printed in) 40 C.F.R Part 65. All such regulations**  **promulgated by the U.S. Environmental Protection Ag ency as of September 15, 2006, are**  **incorporated herein and adopted by reference by the Commission as official regulations of**  **the State of Mississippi and shall hereafter be enf orceable as such (except the word**  **"Administrator" in said standards and general imple menting regulations shall be replaced by**  **the words "Executive Director" and the word "Agency " shall be replaced by the word**  **"Department".) Hereafter, any facility subject to the Federal New Source Performance**  **Standards shall comply with the emission limitation s and other requirements of said** 

**standards.**

**4. Additional Requirements for Infectious Waste Inc ineration.** 

**a. Infectious waste incinerators which incinerate o nly those wastes generated on-site**  **and are installed after December 9, 1993, shall com ply with the following:** **15 i. Daily records shall be kept of the times of op**  **eration, quantity of wastes incinerated and the temperature of the secondary ch**  **amber which temperature shall be monitored continuously. Records shall be**  **maintained on hand for at least two (2) years.** 

**ii. Only wastes generated on-site may be incinerat ed. Disposal of wastes from** 

**off-site shall cause the incinerator to be classifi ed as a commercial incinerator**  **and, therefore, subject to the requirements applica ble to such units.** 

**b. Commercial Incinerators. For purposes of this r egulation, a commercial incinerator**  **is any infectious waste incinerator that incinerate s wastes other than or in addition to**  **wastes generated on-site. A commercial infectious waste incinerator installed or**  **modified after December 9, 1993, shall comply with the following:** 

**i. A manifest system, including a detailed descri ption of the waste collection**  **and transportation system shall be employed. Daily records shall be kept of**  **the times of incinerator operation, quantity of was tes incinerated and**  **temperature of the secondary chamber which temperat ure shall be monitored**  **continuously. Records shall be maintained on hand for at least two (2) years.** 

**ii. Notwithstanding the requirements of Section 6 .4.b.i and Section 12, the**  **Permit Board may in any permit, in accordance with Regulation APC-S-2,**  **establish more stringent requirements for emissions , operating parameters,**  **monitoring, and recordkeeping subject to the provis ions of Miss. Code Ann.**  **49-17-34(2) and (3).**

SECTION 7. EXCEPTIONS

**If any single source of emission or combination of sources of emissions is found to compromise the**  **ambient air quality in the State, beyond the limita tions set forth in any national primary and**  **secondary ambient air quality standards now or here after established by the Administrator of the**  **Environmental Protection Agency pursuant to the Cle an Air Act as amended December 31, 1970,**  **(Public Law 91-640) notwithstanding compliance with any maximum allowable emission rate**  **allowed by this regulation, the Mississippi Commiss ion on Environmental Quality may require such** 

**further reduction in emission from this or these so urces as is necessary to obtain compliance with**  **said national primary and secondary ambient air qua lity standards.** 

SECTION 8. PROVISIONS FOR HAZARDOUS AIR POLLUTANTS

**1. Hazardous Air Pollutant Emission Standards**

**Hazardous air pollutant emission standards are Nati onal Emission Standards for Hazardous**  **Air Pollutants duly promulgated by the U. S. Envir onmental Protection Agency in (or to be**  **printed in) 40 C.F.R. Part 61 pursuant to Section 1 12 of the Federal Clean Air Act, as**  **amended; National Emission Standards for Hazardous Air Pollutants for Source Categories**  **duly promulgated by the U.S. Environmental Protecti on Agency in (or to be printed in)**  **40 C.F.R. Part 63 pursuant to Section 112 of the Fe deral Clean Air Act, as amended; and** **16 Consolidated Federal Air Rule provisions duly promu**  **lgated by the U.S. Environmental Protection Agency in (or to be printed in) 40 C.F.R**  **. Part 65. All such regulations promulgated by the U.S. Environmental Protection Ag**  **ency as of September 15, 2006, are incorporated herein and adopted by reference by the**  **Commission as official regulations of the State of Mississippi and shall hereafter be enf**  **orceable as such (except the word "Administrator" in said standards and general imple**  **menting regulations shall be replaced by the words "Executive Director" and the word "Agency**  **" shall be replaced by the word "Department"). Hereafter, any facility subject to**  **the National Emission Standards for**

**Hazardous Air Pollutants and/or the National Emissi on Standards for Hazardous Air**  **Pollutants for Source Categories shall comply with the emission limitations and other**  **requirements of said standards.**

**2. National Emission Standards for Hazardous Air Pollu**  **tants; Compliance Extensions for Early**

**Reductions.**

**The National Emission Standards for Hazardous Air P ollutants: Compliance Extensions for**  **Early Reductions are regulations duly promulgated b y the U.S. Environmental Protection**  **Agency in (or to be printed in) 40 C.F.R. Part 63 p ursuant to Section 112 of the Federal**  **Clean Air Act, as amended. All such regulations pr omulgated by the U.S. Environmental**  **Protection Agency are incorporated herein and adopt ed by reference by the Commission as**  **official regulations of the State of Mississippi an d shall hereafter be enforceable as such.** 

**3. Case by Case Maximum Achievable Control Technolo gy Requirements** 

**The Mississippi Pollution Control Permit Board, in accordance with Commission Regulation**  **APC-S-6, may require emissions limitations necessar y to meet case by case maximum**  **achievable control technology ("MACT") requirements in accordance with Section 112(j)**  **and (g) of the Federal Act.**

**4. Mercury Emissions from Electric Utilities.**

**Mercury emissions from electric utilities are regul ated in accordance with the Emission**  **Guidelines for the Control of Mercury Emissions fro m Coal-Fired Electric Steam Generating**  **Units promulgated by the U.S. Environmental Protect ion Agency in 40 CFR Part 60, Subpart**  **HHHH, pursuant to Section 111 of the Federal Clean Air Act, as amended. All such**  **regulations duly promulgated by the U.S. Environmen tal Protection Agency as of September**  **15, 2006, are incorporated herein and adopted by re ference by the Commission as official**  **regulations of the State of Mississippi and shall h ereafter be enforceable as such, except for**  **the changes noted in (a) and (b). Hereafter, any fa cility subject to the Federal Emission**  **Guidelines shall comply with all applicable require ments of the regulation.** 

**(a) The phrase “permitting authority” shall mean “Missi**  **ssippi Environmental Quality Permit Board” except when used in the definitions of “Allo**  **cate or allocation” and “Hg allowance” in**

**40 CFR 60.4102. 17**  **(b) The permitting authority will allocate mercury allowances in accordance with the**  **procedures outlined in 40 CFR 60.4142 and by the da tes specified in 40 CFR** 

**60.4141**

**.**

SECTION 9. STACK HEIGHT CONSIDERATIONS

**1. Definitions**

**(a) "Emission limitation" and "emission standard." A requirement established which**  **limits the quantity, rate, or concentration of emis sions of air pollutants on a**  **continuous basis, including any requirements which limit the level of opacity,**  **prescribe equipment, set fuel specifications, or pr escribe operation or maintenance**  **procedures for a source to assure continuous emissi on reduction.** 

**(b) "Stack." Any point in a source designed to emi t solids, liquids, or gases into the air,**  **including a pipe or duct but not including flares.**

**(c) "A stack in existence." The owner or operator had either:** 

**(1) Begun, or caused to begin, a continuous program of physical on-site**  **construction of the stack, or**

**(2) Entered into binding agreements or contractual obligations, which could not** 

**be cancelled or modified without substantial loss t o the owner or operator, to**  **undertake a program of construction of the stack to be completed in a** 

**reasonable time.**

**(d) "Dispersion technique." Any technique which at tempts to affect the concentration of**  **a pollutant in the ambient air by using that portio n of a stack which exceeds good**  **engineering practice stack height, varying the rate of emission of a pollutant**  **according to atmospheric conditions or ambient conc entrations of that pollutant, or**  **increasing final exhaust gas plume rise by manipula ting source process parameters,**  **exhaust gas parameters, stack parameters, or combin ing exhaust gases from several**  **existing stacks into one stack; or other selective handling of exhaust gas streams so as**  **to increase the exhaust gas plume rise. The preced ing sentence does not include:** 

**(1) The reheating of a gas stream, following use of a pollution control system, for**  **the purpose of returning the gas to the temperature at which it was originally**  **discharged from the facility generating the gas str eam:** 

**(2) The merging of exhaust gas streams where:**

**(i) The source owner or operator demonstrates that the facility was**  **originally designed and constructed with such merge d gas streams;** 

**(ii) After July 8, 1985, such merging is part of a change in operation at**  **the facility that includes the installation of poll ution controls and is** **18 accompanied by a net reduction in the allowable emi**  **ssions of a pollutant. This exclusion from the definition of "**  **dispersion techniques" shall apply only to the emission limita**  **tion for the pollutant affected by such change in operation; or** 

**(iii) Before July 8, 1985, such merging was part of a change in operation**  **at the facility that included the installation of e missions control**  **equipment or was carried out for sound economic or engineering** 

**reasons. Where there was an increase in the emissi on limitation or, in** 

**the event that no emission limitation was in existe nce prior to the**  **merging, an increase in the quantity of pollutants actually emitted**  **prior to the merging, the reviewing agency shall pr esume that**  **merging was significantly motivated by an intent to gain emissions**  **credit for greater dispersion. Absent a demonstrat ion by the source**  **owner or operator that merging was not significantl y motivated by**  **such intent, the reviewing agency shall deny credit for the effects of**  **such merging in calculating the allowable emissions for the source;** 

**(3) The use of smoke management in agricultural or silvicultural prescribed**  **burning programs; or**

**(4) Episodic restrictions on residential woodburnin g and open burning; or** 

**(5) Techniques under Paragraph 9.1(d) which increas e final exhaust gas plume**  **rise where the resulting allowable emissions of sul fur dioxide from the**  **facility do not exceed 5,000 tons per year.**

**(e) "Good engineering practice (GEP) stack height." The greater of:** 

**(1) 65 meters measured from the ground-level elevat ion at the base of the stack;** 

**(2) (i) For stacks in existence on January 12, 1979 , and for which the owner** 

**or operator had obtained all applicable preconstruc tion permits or**  **approvals required, Hg = 2.5 H, provided the owner or operator**  **produces evidence that this equation was actually r elied on in**  **establishing an emission limitation;**

**(ii) For all other stacks,**

**Hg = H + 1.5L, where**

**Hg = good engineering practice stack height, measur ed**  **from the ground-level elevation at the base of the stack,** 

**H = height of nearby structure(s) measured from the ground-level elevation at the base of the stack, an**  **d 19** 

**L = lesser dimension (height or projected width) of nearby**  **structure(s),**

**provided that the U. S. Environmental Protection Ag ency or**  **the Commission may require the use of a field study or fluid**  **model to verify GEP stack height for the source; or**

**(3) The height demonstrated by a fluid model or a f ield study approved by the U.**  **S. Environmental Protection Agency or the Commissio n, which ensures that** 

**the emissions from a stack do not result in excessi ve concentrations of any air**  **pollutant as a result of atmospheric downwash, wake s, or eddy effects created**  **by the source itself, nearby structures, or nearby terrain features.** 

**(f) "Nearby," As used in Paragraph 9.1(e)(2)(ii) is defined for a specific structure or** 

**terrain feature and means:**

**(1) For purposes of applying the formulae provided in Paragraph 9.1(e)(2) that**  **distance up to five times the lesser of the height or the width dimension of a**  **structure, but not greater than 0.8 km (1/2 mile), and** 

**(2) For conducting demonstrations under Paragraph 9 .1(e)(3) that distance not**  **greater than 0.8 km (1/2 mile), except that the por tion of a terrain feature may**  **be considered to be nearby which falls within a dis tance of up to 10 times the**  **maximum height (Ht) of the feature, not to exceed 2 miles if such feature**  **achieves a height (ht) 0.8 km from the stack that i s at least 40 percent of the**  **GEP stack height determined by the formulae provide d in**  **Paragraph 9.1(e)(2)(ii) of this part or 26 meters, whichever is greater, as**  **measured from the ground-level elevation at the bas e of the stack. The height** 

**of the structure or terrain feature is measured fro m the ground-level elevation** 

**at the base of the stack.**

**(g) "Excessive concentration." For the purpose of determining good engineering practice**  **stack height under Paragraph 9.1(e)(3), excessive c oncentration means:** 

**(1) For sources seeking credit for stack height exc eeding that established under**  **Paragraph 9.1(e)(2), a maximum ground-level concent ration due to emissions**  **from a stack due in whole or part to downwash, wake s, and eddy effects**  **produced by nearby structures or nearby terrain fea tures which individually is**  **at least 40 percent in excess of the maximum concen tration experienced in**  **the absence of such downwash, wakes, or eddy effect s and which contributes** 

**to a total concentration due to emissions from all sources that is greater than**  **an ambient air quality standard. For sources subje ct to the Prevention of**  **Significant Deterioration program, an excessive con centration alternatively**  **means a maximum ground-level concentration due to e missions from a stack**  **due in whole or part to downwash, wakes, or eddy ef fects produced by nearby**  **structures or nearby terrain features which individ ually is at least 40 percent** **20 in excess of the maximum concentration experienced**  **in the absence of such downwash, wakes, or eddy effects and greater than a**  **prevention of significant**

**deterioration increment. The allowable emission ra te to be used in making**  **demonstrations under this part shall be prescribed by the new source**  **performance standard that is applicable to the sour ce category unless the**  **owner or operator demonstrates that this emission r ate is infeasible. Where**  **such demonstrations are approved by the U. S. Envir onmental Protection**  **Agency or the Commission, an alternative emission r ate shall be established**  **in consultation with the source owner or operator.**

**(2) For sources seeking credit after October 11, 19 83, for increases in existing**  **stack heights up to the heights established under P aragraph 9.1(e)(2), either a**  **maximum ground-level concentration due in whole or part to downwash,**  **wakes, or eddy effects as provided in Paragraph 9.1 (g)(1) of this section,**  **except that the emission rate specified by the Stat e implementation plan (or,**  **in the absence of such a limit, the actual emission rate) shall be used, or the**  **actual presence of a local nuisance caused by the e xisting stack, as**  **determined by the Commission, and**

**(3) For sources seeking credit after January 12, 19 79, for a stack height**  **determined under Paragraph 9.1(e)(2) where the U. S . Environmental**  **Protection Agency or the Commission requires the us e of a field study or**  **fluid model to verify GEP stack height, for sources seeking stack height**  **credit after November 9, 1984, based on the aerodyn amic influence of**  **cooling towers, and for sources seeking stack heigh t credit after**  **December 31, 1970, based on the aerodynamic influen ce of structures not**  **adequately represented by the equations in Paragrap h 9.1(e)(2), a maximum**  **ground-level concentration due in whole or part to downwash, wakes, or eddy**  **effects that is at least 40 percent in excess of th e maximum concentration**  **experienced in the absence of such downwash, wakes, or eddy effects.** 

**2. Stack Height Effect on Emission Limitations**

**(a) The degree of emission limitation required of a ny source for control of any air**  **pollutants shall not be affected by so much of any source's stack height that exceeds**  **good engineering practice (GEP) or by any other dis persion technique, except as**  **provided in (b) of this paragraph.**

**(b) The provisions of Paragraph 9.2(a) shall not ap ply to stack heights in existence, or**  **dispersion techniques implemented, prior to Decembe r 31, 1970, except where**  **pollutants are being emitted from such stacks or us ing such dispersion techniques by**  **sources, as defined in Section 111(a)(3) of the Cle an Air Act, which were**  **constructed, or reconstructed or for which major mo difications, as defined pursuant**  **to Section 6, New Sources, were carried out after D ecember 31, 1970.** 

**(c) If any existing source, after appropriate appli cation of the preceding limitations and**  **provisions, is found to exceed or potentially excee d an air quality standard or** **21 increment, as appropriate, when operating within pr**  **eviously established emission limitations, the emission limitations applicable to**  **that source shall be modified so as to eliminate and prevent the exceedance.** 

**(d) If any new source or source modification, after appropriate application of the**  **preceding limitations and provisions, is predicted to exceed an air quality standard, or**  **increment, as appropriate, when considered as opera ting under emission limitations**  **consistent with other Applicable Rules and Regulati ons, the emission limitations**  **considered shall be deemed inadequate and different emission limits, based on air**  **quality considerations, shall be made applicable.**

**(e) If any source provides a field study or fluid m odeling demonstration proposing a GEP**  **stack height greater than that allowed by Paragraph 9.1(e)(1) and (2), then the public**  **will be notified of the availability of the study a nd provided the opportunity for a**  **public hearing before any new or revised emission l imitation or permit is approved.** 

**(f) The actual stack height used or proposed by a sourc**  **e shall not be restricted in any manner by requirements of this paragraph.** 

SECTION 10. PROVISIONS FOR UPSETS, STARTUPS, AND S HUTDOWNS

**1. Upsets**

**(a) The occurrence of an upset as defined in Sectio n 2 constitutes an affirmative defense**  **to an enforcement action brought for noncompliance with emission standards or other**  **requirements of Applicable Rules and Regulations or any applicable permit if the**  **source demonstrates through properly signed contemp oraneous operating logs, or** 

**other relevant evidence that include information as follows:** 

**(1) an upset occurred and that the source can ident ify the cause(s) of the upset;** 

**(2) the source was at the time being properly opera ted;** 

**(3) during the upset the source took all reasonable steps to minimize levels of**  **emissions that exceeded the emission standards, or other requirements of**  **Applicable Rules and Regulations or any applicable permit;** 

**(4) the source submitted notice of the upset to the DEQ within 5 working days of**  **the time the upset began; and**

**(5) the notice of the upset shall contain a descrip tion of the upset, any steps taken**  **to mitigate emissions, and corrective actions taken**

**.**

**(b) In any enforcement proceeding, the source seeki ng to establish the occurrence of an**  **upset has the burden of proof. 22**  **(c) This provision is in addition to any upset prov ision contained in any applicable**  **requirement.**

**2. Startups and Shutdowns**

**(a) Startups and shutdowns are part of normal sourc e operation. Emissions limitations**  **applicable to normal operation apply during startup s and shutdowns except as** 

**follows:**

**(1) when sudden, unavoidable breakdowns occur durin g a startup or shutdown,**  **the event may be classified as an upset subject to the requirements above;** 

**(2) when a startup or shutdown is infrequent, the d uration of excess emissions is**  **brief in each event, and the design of the source i s such that the period of**  **excess emissions cannot be avoided without causing damage to equipment or** 

**persons; or**

**(3) when the emissions standards applicable during a startup or shutdown are**  **defined by other requirements of Applicable Rules a nd Regulations or any**  **applicable permit.**

**(b) In any enforcement proceeding, the source seeki ng to establish the applicability of**  **any exception during a startup or shutdown has the burden of proof.** 

**(c) In the event this startup and shutdown provisio n conflicts with another applicable**  **requirement, the more stringent requirement shall a pply.** 

**3. Maintenance.**

**(a) Maintenance should be performed during planned shutdown or repair of process**  **equipment such that excess emissions are avoided. Unavoidable maintenance that**  **results in brief periods of excess emissions and th at is necessary to prevent or**  **minimize emergency conditions or equipment malfunct ions constitutes an affirmative**  **defense to an enforcement action brought for noncom pliance with emission**  **standards, or other regulatory requirements if the source can demonstrate the**  **following:**

**(1) the source can identify the need for the mainte nance;** 

**(2) the source was at the time being properly opera ted;** 

**(3) during the maintenance the source took all reas onable steps to minimize** 

**levels of emissions that exceeded the emission stan dards, or other**  **requirements of Applicable Rules and Regulations or any applicable permit;** **23 (4) the source submitted notice of the maintenance**  **to the DEQ within 5 working days of the time the maintenance began or such othe**  **r times as allowed by DEQ; and** 

**(5) the notice shall contain a description of the m aintenance, any steps taken to**  **mitigate emissions, and corrective actions taken.**

**(b) In any enforcement proceeding, the source seeki ng to establish the applicability of**  **this section has the burden of proof.**

**(c) In the event this maintenance provision conflic ts with another applicable**  **requirement, the more stringent requirement shall a pply.** 

SECTION 11. SEVERABILITY

**If any provision, section, subsection, sentence, cl ause or phrase of any of these regulations, or the**  **application of same to any person or set of circums tances is for any reason challenged or held to be**  **invalid or void, the validity of the remaining regu lations and/or portions thereof or their applicatio**  **n to other persons or sets of circumstances shall not**  **be affected thereby.**

SECTION 12. PROVISIONS FOR EXISTING HOSPITAL/MEDICA L/INFECTIOUS

WASTE INCINERATORS

**1. Applicability.**

**(a) Except as provided in subparagraphs (b) through (h) of this paragraph, the designated**  **or affected facility to which Section 12 applies is each individual**  **hospital/medical/infectious waste incinerator (HMIW I) for which construction was**  **commenced on or before June 20, 1996.**

**(b) A combustor is not subject to Section 12 of the se regulations during periods when**  **only pathological waste, low-level radioactive wast e, and/or chemotherapeutic waste**  **is burned, provided the owner or operator of the co mbustor:** 

**(1) Notifies the Department of an exemption claim; and** 

**(2) Keeps records on a calendar quarter basis of th e periods of time when only**  **pathological waste, low-level radioactive waste, an d/or chemotherapeutic** 

**waste is burned.**

**(c) Any co-fired combustor is not subject to Sectio n 12 of these regulations if the owner**  **or operator of the co-fired combustor:**

**(1) Notifies the Department of an exemption claim;**

**(2) Provides an estimate of the relative weight of hospital waste,**  **medical/infectious waste, and other fuels and/or wa stes to be combusted; and** **24**

**(3) Keeps records on a calendar quarter basis of th e weight of hospital waste and**  **medical/infectious waste combusted, and the weight of all other fuels and** 

**wastes combusted at the co-fired combustor.**

**(d) Any combustor required to have a permit under S ection 3005 of the Solid Waste**  **Disposal Act is not subject to Section 12 of these regulations.** 

**(e) Any combustor which meets the applicability req uirements in standards or guidelines**  **for certain municipal waste combustors under Subpar t Cb, Ea, or Eb of 40 C.F.R. 60**  **is not subject to Section 12 of these regulations.**

**(f) Any pyrolysis unit is not subject to Section 12 of these regulations.** 

**(g) Cement kilns firing hospital waste and/or medic al/infectious waste are not subject to**  **Section 12 of these regulations.**

**(h) Physical or operational changes made to an exis ting HMIWI unit solely for the**  **purpose of complying with Section 12 of these regul ations are not considered a**  **modification and do not result in an existing HMIWI unit becoming subject to the**  **new source provisions under Section 6 of these regu lations and Subpart Ec of 40** 

**C.F.R. 60.**

**(i) Each existing HMIWI is subject to the permittin g requirements in Air Emissions**  **Operating Permit Regulations for the Purposes of Ti tle V of the Federal Clean Air**  **Act, APC-S-6. Each owner and operator of an existi ng HMIWI shall submit an**  **application for a Title V permit to the Department by December 15, 1999.** 

**(j) Beginning September 15, 2000, designated facili ties subject to Section 12 of these**  **regulations shall operate pursuant to a permit issu ed under Air Emissions Operating**  **Permit Regulations for the Purposes of Title V of t he Federal Clean Air Act, APC-S** 

**6.**

**2. For the purpose of the requirements in Section 1 2 of these regulations, the following**  **definitions apply:**

**(a) "Administrator** @ **or** A **EPA" means the Administrator of the United States Environmental Protection Agency or his authorized r**  **epresentative.**

**(b) "Batch HMIWI" means an HMIWI that is designed s uch that neither waste charging**  **nor ash removal can occur during combustion.**

**(c) "Biologicals" means preparations made from livi ng organisms and their products,**  **including vaccines, cultures, etc., intended for us e in diagnosing, immunizing, or**  **treating humans or animals or in research pertainin g thereto.** **25 (d) "Blood Products" means any product derived from**  **human blood, including but not limited to blood plasma, platelets, red or white bl**  **ood corpuscles, and other derived licensed products, such as interferon, etc.** 

**(e) "Body Fluids" means liquid emanating or derived from humans and limited to blood;**  **dialysate; amniotic, cerebrospinal, synovial, pleur al, peritoneal and pericardial fluids;**  **and semen and vaginal secretions.**

**(f) "Bypass stack" means a device used for discharg ing combustion gases to avoid severe**  **damage to the air pollution control device or other equipment.** 

**(g) "Chemotherapeutic waste" means waste material r esulting from the production or use**  **of antineoplastic agents used for the purpose of st opping or reversing the growth of**  **malignant cells.**

**(h) "Co-fired combustor" means a unit combusting ho spital waste and/or** 

**medical/infectious waste with other fuels or wastes (e.g., coal, municipal solid waste)**  **and subject to an enforceable requirement limiting the unit to combusting a fuel feed**  **stream, 10 percent or less of the weight of which i s comprised, in aggregate, of**  **hospital waste and medical/infectious waste as meas ured on a calendar quarter basis.**  **For purposes of this definition, pathological wast e, chemotherapeutic waste, and** 

**low-level radioactive waste are considered "other" wastes when calculating the**  **percentage of hospital waste and medical/infectious waste combusted.** 

**(i) "Continuous emission monitoring system or CEMS" means a monitoring system for**  **continuously measuring and recording the emissions of a pollutant from an affected**  **facility.**

**(j) "Continuous HMIWI" means an HMIWI that is desig ned to allow waste charging and**  **ash removal during combustion.**

**(k) "Dioxins/furans" means the combined emissions o f tetra-through octa-chlorinated**  **dibenzo-para-dioxins and dibenzofurans, as measured by EPA Reference Method 23.** 

**(l) "Dry scrubber" means an add-on air pollution co ntrol system that injects dry alkaline**  **sorbent (dry injection) or sprays an alkaline sorbe nt (spray dryer) to react with and**  **neutralize acid gases in the HMIWI exhaust stream f orming a dry powder material.** 

**(m) "Fabric filter or baghouse" means an add-on air pollution control system that removes**  **particulate matter (PM) and nonvaporous metals emis sions by passing flue gas**  **through filter bags.**

**(n) "Facilities manager" means the individual in ch arge of purchasing, maintaining, and**  **operating the HMIWI or the owner** = **s or operator** = **s representative responsible for the management of the HMIWI. Alternative titles may in**  **clude Director of Facilities or Vice President of Support Services.** **26 (o) "High-air phase" means the stage of the batch o**  **perating cycle when the primary chamber reaches and maintains maximum operating tem**  **peratures.**

**(p) "Hospital" means any facility which has an orga nized medical staff, maintains at least**  **six inpatient beds, and where the primary function of the institution is to provide**  **diagnostic and therapeutic patient services and con tinuous nursing care primarily to**  **human inpatients who are not related and who stay o n average in excess of 24 hours**  **per admission. This definition does not include fa cilities maintained for the sole**  **purpose of providing nursing or convalescent care t o human patients who generally**  **are not acutely ill but who require continuing medi cal supervision.** 

**(q) "Hospital/medical/infectious waste incinerator or HMIWI or HMIWI unit" means any**  **device that combusts any amount of hospital waste a nd/or medical/infectious waste.** 

**(r) "Hospital/medical/infectious waste incinerator operator or HMIWI operator" means**  **any person who operates, controls, or supervises th e day-to-day operation of an** 

**HMIWI.**

**(s) "Hospital waste" means discards generated at a hospital, except unused items** 

**returned to the manufacturer. The definition of ho spital waste does not include**  **human corpses, remains, and anatomical parts that a re intended for interment or** 

**cremation.**

**(t) "Infectious agent" means any organism (such as a virus or bacteria) that is capable of**  **being communicated by invasion and multiplication i n body tissues and capable of**  **causing disease or adverse health impacts in humans**

**.**

**(u) "Intermittent HMIWI" means an HMIWI that is des igned to allow waste charging,**  **but not ash removal, during combustion.**

**(v) "Large HMIWI" means:**

**(1) Except as provided in subparagraph (2);**

**(i) An HMIWI whose maximum design waste burning cap acity is more**  **than 500 pounds per hour; or**

**(ii) A continuous or intermittent HMIWI whose maxim um charge rate is**  **more that 500 pounds per hour; or**

**(iii) A batch HMIWI whose maximum charge rate is mo re that 4,000**  **pounds per day.**

**(2) The following are not large HMIWI:**

**(i) A continuous or intermittent HMIWI whose maximu m charge rate is**  **less than or equal to 500 pounds per hour; or 27** 

**(ii) A batch HMIWI whose maximum charge rate is les s than or equal to**  **4,000 pounds per day.**

**(w) "Low-level radioactive waste" means waste mater ial which contains radioactive**  **nuclides emitting primarily beta or gamma radiation , or both, in concentrations or**  **quantities that exceed applicable Federal or State standards for unrestricted release.**  **Low-level radioactive waste is not high-level radio active waste, spent nuclear fuel, or**  **by-product material as defined by the Atomic Energy Act of 1954 [42 U.S.C. 2014**  **(e)(2)].**

**(x) "Malfunction" means any sudden, infrequent, and not reasonably preventable failure**  **of air pollution control equipment, process equipme nt, or a process to operate in a**  **normal or usual manner. Failures that are caused, in part, by poor maintenance or**  **careless operation are not malfunctions. During pe riods of malfunction the operator**  **shall operate within established parameters as much as possible, and monitoring of**  **all applicable operating parameters shall continue until all waste has been combusted**  **or until the malfunction ceases, whichever comes fi rst.** 

**(y) "Maximum charge rate" means:**

**(1) For continuous and intermittent HMIWI, 110 perc ent of the lowest 3-hour**  **average charge rate measured during the most recent performance test**  **demonstrating compliance with all applicable emissi on limits.** 

**(2) For batch HMIWI, 110 percent of the lowest dail y charge rate measured**  **during the most recent performance test demonstrati ng compliance with all**  **applicable emission limits.**

**(z) "Maximum design waste burning capacity" means:**

**(1) For intermittent and continuous HMIWI,** 

**Where:**

C **= HMIWI capacity, lb/hr**

PV **= primary chamber volume, ft 3** 

**15,000 = primary chamber heat release rate factor, Btu/ft**  **3 /hr** 

**8,500 = standard waste heating value, Btu/lb;**

**(2) For batch HMIWI,**

C PV = × **15 000**

**8 500 ,** 

**, 28** 

**Where:**

C **= HMIWI capacity, lb/hr**

PV **= primary chamber volume, ft 3** 

**4.5 = waste density, lb/ft** ;

**8 = typical hours of operation of a batch HMIWI, ho urs.** 

**(aa) "Maximum fabric filter inlet temperature" mean s 110 percent of the lowest 3-hour**  **average temperature at the inlet to the fabric filt er (taken, at a minimum, once every**  **minute) measured during the most recent performance test demonstrating compliance** 

**with the dioxin/furan emission limit.**

**(bb) "Maximum flue gas temperature" means 110 perce nt of the lowest 3-hour average**  **temperature at the outlet from the wet scrubber (ta ken, at a minimum, once every**  **minute) measured during the most recent performance test demonstrating compliance**  **with the mercury (Hg) emission limit.**

**(cc) "Medical/infectious waste" means any waste gen erated in the diagnosis, treatment, or**  **immunization of human beings or animals, in researc h pertaining thereto, or in the**  **production or testing of biologicals that is listed in paragraphs (1) through (7) of this** 

**definition. The definition of medical/infectious w aste does not include ash from**  **incineration of medical/infectious waste, once the incineration process has been**  **completed; human corpses, remains, and anatomical p arts that are intended for**  **interment or cremation; and domestic sewage materia ls, hazardous waste, and**  **household waste identified, listed, or defined in P art 261 of Mississippi Hazardous**  **Waste Management Regulations.**

**(1) Cultures and stocks of infectious agents and as sociated biologicals, including:**  **cultures from medical and pathological laboratories ; cultures and stocks of**  **infectious agents from research and industrial labo ratories; wastes from the**  **production of biologicals; discarded live and atten uated vaccines; and culture**  **dishes and devices used to transfer, inoculate, and mix cultures.** 

**(2) Human pathological waste, including tissues, or gans, and body parts and**  **body fluids that are removed during surgery or auto psy, or other medical**  **procedures, and specimens of body fluids and their containers.** 

**(3) Human blood and blood products including:**

**(i) Liquid waste human blood;** C PV = × **4 5**

**8 .** **29**

**(ii) Products of blood;**

**(iii) Items saturated and/or dripping with human bl ood; or** 

**(iv) Items that were saturated and/or dripping with human blood that are**  **now caked with dried human blood; including serum, plasma, and**  **other blood components, and their containers, which were used or**  **intended for use in either patient care, testing an d laboratory analysis**  **or the development of pharmaceuticals. Intravenous bags are also**  **included in this category.**

**(4) Sharps that have been used in animal or human p atient care or treatment or in**  **medical, research, or industrial laboratories, incl uding hypodermic needles,**  **syringes (with or without the attached needle), Pas teur pipettes, scalpel**  **blades, blood vials, needles with attached tubing, and culture dishes**  **(regardless of presence of infectious agents). Als o included are other types of**  **broken or unbroken glassware that were in contact w ith infectious agents,**  **such as used slides and cover slips.**

**(5) Animal waste including contaminated animal carc asses, body parts, and**  **bedding of animals that were known to have been exp osed to infectious**  **agents during research (including research in veter inary hospitals), production**  **of biologicals or testing of pharmaceuticals.**

**(6) Isolation wastes including biological waste and discarded materials**  **contaminated with blood, excretions, exudates, or s ecretions from humans**  **who are isolated to protect others from certain hig hly communicable diseases,**  **or isolated animals known to be infected with highl y communicable diseases.** 

**(7) Unused sharps including the following unused, d iscarded sharps: hypodermic**  **needles, suture needles, syringes, and scalpel bla des.** 

**(dd) "Medium HMIWI" means:**

**(1) Except as provided in subparagraph (2);**

**(i) An HMIWI whose maximum design waste burning cap acity is more**  **than 200 pounds per hour but less than or equal to 500 pounds per**  **hour; or**

**(ii) A continuous or intermittent HMIWI whose maxim um charge rate is**  **more than 200 pounds per hour but less than or equa l to 500 pounds**  **per hour; or**

**(iii) A batch HMIWI whose maximum charge rate is mo re than 1,600**  **pounds per day but less than or equal to 4,000 poun ds per day.** **30**

**(2) The following are not medium HMIWI:**

**(i) A continuous or intermittent HMIWI whose maximu m charge rate is**  **less than or equal to 200 pounds per hour or more t han 500 pounds**  **per hour; or**

**(ii) A batch HMIWI whose maximum charge rate is mor e than 4,000**  **pounds per day or less than or equal to 1,600 pound s per day.** 

**(ee) "Minimum dioxin/furan sorbent flow rate" means 90 percent of the highest 3-hour**  **average dioxin/furan sorbent flow rate (taken, at a minimum, once every hour)**  **measured during the most recent performance test de monstrating compliance with the** 

**dioxin/furan emission limit.**

**(ff) "Minimum Hg sorbent flow rate" means 90 percen t of the highest 3-hour average Hg**  **sorbent flow rate (taken, at a minimum, once every hour) measured during the most**  **recent performance test demonstrating compliance wi th the Hg emission limit.** 

**(gg) "Minimum hydrogen chloride (HCl) sorbent flow rate" means 90 percent of the**  **highest 3-hour average HCl sorbent flow rate (taken , at a minimum, once every hour)**  **measured during the most recent performance test de monstrating compliance with the** 

**HCl emission limit.**

**(hh) "Minimum horsepower or amperage" means 90 perc ent of the highest 3-hour average**  **horsepower or amperage to the wet scrubber (taken, at a minimum, once every**  **minute) measured during the most recent performance test demonstrating compliance**  **with the applicable emission limits.**

**(ii) "Minimum pressure drop across the wet scrubber " means 90 percent of the highest 3-**  **hour average pressure drop across the wet scrubber PM control device (taken, at a**  **minimum, once every minute) measured during the mos t recent performance test**  **demonstrating compliance with the PM emission limit**

**.**

**(jj) "Minimum scrubber liquor flow rate" means 90 p ercent of the highest 3-hour average**  **liquor flow rate at the inlet to the wet scrubber ( taken, at a minimum, once every**  **minute) measured during the most recent performance test demonstrating compliance**  **with all applicable emission limits.**

**(kk) "Minimum scrubber liquor pH" means 90 percent of the highest 3-hour average**  **liquor pH at the inlet to the wet scrubber (taken, at a minimum, once every minute)**  **measured during the most recent performance test de monstrating compliance with the** 

**HCl emission limit.**

**(ll) "Minimum secondary chamber temperature" means 90 percent of the highest 3-hour**  **average secondary chamber temperature (taken, at a minimum, once every minute)** **31 measured during the most recent performance test de**  **monstrating compliance with the PM, CO, or dioxin/furan emission limits.** 

**(mm) "Modification or Modified HMIWI" means any cha nge to an HMIWI unit after**  **March 16, 1998, such that:**

**(1) The cumulative costs of the modifications, over the life of the unit, exceed 50**  **per centum of the original cost of the construction and installation of the unit**  **(not including the cost of any land purchased in co nnection with such**  **construction or installation) updated to current co sts, or** 

**(2) The change involves a physical change in or cha nge in the method of**  **operation of the unit which increases the amount of any air pollutant emitted**  **by the unit for which standards have been establish ed under Section 129 or** 

**Section 111 of the Federal Clean Air Act.**

**(nn) "Operating day" means a 24-hour period between 12:00 midnight and the following**  **midnight during which any amount of hospital waste or medical/infectious waste is**  **combusted at any time in the HMIWI.**

**(oo) "Operation" means the period during which wast e is combusted in the incinerator**  **excluding periods of startup or shutdown.**

**(pp) "Particulate matter or PM" means the total par ticulate matter emitted from an HMIWI**  **as measured by EPA Reference Method 5 or EPA Refere nce Method 29.** 

**(qq) "Pathological waste" means waste material cons isting 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 (i f applicable).** 

**(rr) "Primary chamber" means the chamber in an HMIW I that receives waste material, in**  **which the waste is ignited, and from which ash is r emoved.** 

**(ss) "Pyrolysis" means the endothermic gasification of hospital waste and/or**  **medical/infectious waste using external energy.**

**(tt) "Secondary chamber" means a component of the H MIWI that receives combustion**  **gases from the primary chamber and in which the com bustion process is completed.** 

**(uu) "Shutdown" means the period of time after all waste has been combusted in the**  **primary chamber. For continuous HMIWI, shutdown sh all commence no less than 2**  **hours after the last charge to the incinerator. Fo r intermittent HMIWI, shutdown** 

**shall commence no less than 4 hours after the last charge to the incinerator. For**  **batch HMIWI, shutdown shall commence no less than 5 hours after the high-air**  **phase of combustion has been completed.**

**(vv) "Small HMIWI" means: 32** 

**(1) Except as provided in subparagraph (2);**

**(i) An HMIWI whose maximum design waste burning cap acity is less**  **than or equal to 200 pounds per hour; or**

**(ii) A continuous or intermittent HMIWI whose maxim um charge rate is**  **less than or equal to 200 pounds per hour; or**

**(iii) A batch HMIWI whose maximum charge rate is le ss than or equal to**  **1,600 pounds per day.**

**(2) The following are not small HMIWI:**

**(i) A continuous or intermittent HMIWI whose maximu m charge rate is**  **more than 200 pounds per hour.**

**(ii) A batch HMIWI whose maximum charge rate is mor e than 1,600**  **pounds per day.**

**(ww) "Standard conditions" means a temperature of 2 0**  E **C and a pressure of 101.3 kilopascals.** 

**(xx) "Standard Metropolitan Statistical Area or SMS A" means any areas listed in OMB** 

**Bulletin No. 93-17 entitled "Revised Statistical De finitions for Metropolitan Areas"**  **dated June 30, 1993.**

**(yy) "Startup" means the period of time between the activation of the system and the first**  **charge to the unit. For batch HMIWI, startup means the period of time between**  **activation of the system and ignition of the waste.**

**(zz) "Wet scrubber" means an add-on air pollution c ontrol device that utilizes an alkaline**  **scrubbing liquor to collect particulate matter (inc luding nonvaporous metals and**  **condensed organic) and/or to absorb and neutralize acid gases.** 

**3. Emission limits.**

**(a) Except as provided for in subparagraph (b), no owner or operator of an affected**  **facility shall cause to be discharged into the atmo sphere from that affected facility**  **any gases that contain stack emissions in excess of the limits presented in Table 1 of**  **this paragraph.**

**(b) The emission limits in Table 2 shall apply to a ny small HMIWI which is located**  **more than 50 miles from the boundary of the nearest Standard Metropolitan**  **Statistical Area (SMSA) and which burns less than 2 ,000 pounds per week of**  **hospital waste and medical/infectious waste. The 2 ,000 lb/week limitation does not**  **apply during performance tests. 33** 

**(c) No owner or operator of an affected facility sh all cause to be discharged into the**  **atmosphere from the stack of that affected facility any gases that exhibit greater than**  **10 percent opacity (6-minute block average). 34** 

TABLE 1. EMISSION LIMITS FOR SMALL, MEDIUM, AND LAR GE HMIWI

Emission Limits

HMIWI Size

Pollutant Units (7 percent oxygen, dry basis) Small Medium Large

**Particulate**

**matter Milligrams per dry standard cubic** 

**meter (grains per dry standard cubic foot)**  **115 (0.05) 69 (0.03)**  **34 (0.015)**

**Carbon**

**monoxide Parts per million by volume**  **40 40**  **40**

**Dioxins/furans Nanograms per dry standard cubic** 

**meter total dioxins/furans (grains per billion dry standard cubic feet)**  **or nanograms per dry standard cubic meter TEQ (grains per billion**  **dry standard cubic feet) 125 (55)** 

**or 2.3 (1.0)**  **125 (55)**

**or 2.3 (1.0)**  **125 (55)**

**or 2.3 (1.0)** 

**Hydrogen**

**chloride Parts per million by volume or** 

**percent reduction 100 or 93%**  **100 or 93% 100 or 93%** 

**Sulfur dioxide Parts per million by volume**  **55 55**  **55**

**Nitrogen oxides Parts per million by volume**  **250 250**  **250**

**Lead Milligrams per dry standard cubic** 

**meter (grains per thousand dry standard cubic feet) or percent** 

**reduction 1.2 (0.52)** 

**or 70%**  **1.2 (0.52)**

**or 70%**  **1.2 (0.52)**

**or 70%** 

**Cadmium Milligrams per dry standard cubic** 

**meter (grains per thousand dry standard cubic feet) or percent** 

**reduction 0.16 (0.07)** 

**or 65%**  **0.16 (0.07)**

**or 65%**  **0.16 (0.07)**

**or 65%** 

**Mercury Milligrams per dry standard cubic** 

**meter (grains per thousand dry standard cubic feet) or percent** 

**reduction 0.55 (0.24)** 

**or 85%**  **0.55**

**(0.24)**

**or 85% 0.55** 

**(0.24)**

**or 85% 35** 

TABLE 2. EMISSION LIMITS FOR SMALL RURAL HMIWI

Pollutant Units (7 percent oxygen, dry basis) HMIWI

Emission

Limits

**Particulate matter Milligrams per dry standard cubic meter (grains** 

**per dry standard cubic foot) 197 (0.086)** 

**Carbon monoxide Parts per million by volume**  **40**

**Dioxins/furans Nanograms per dry standard cubic meter total** 

**dioxins/furans (grains per billion dry standard cubic feet) or nanograms per dry standard cubic**  **meter TEQ (grains per billion dry standard cubic feet)**  **800 (350)**

**or 15 (6.6)** 

**Hydrogen chloride Parts per million by volume**  **3100**

**Sulfur dioxide Parts per million by volume**  **55**

**Nitrogen oxides Parts per million by volume**  **250**

**Lead Milligrams per dry standard cubic meter (grains** 

**per thousand dry standard cubic feet) 10 (4.4)** 

**Cadmium Milligrams per dry standard cubic meter (grains** 

**per thousand dry standard cubic feet) 4 (1.7)** 

**Mercury Milligrams per dry standard cubic meter (grains** 

**per thousand dry standard cubic feet) 7.5 (3.3)** 

**4. Operator Training and Qualification Requirements**

**.**

**(a) Compliance with the requirements of this paragr aph shall occur no later than**  **September 15, 2000.**

**(b) No owner or operator of an affected facility sh all allow the affected facility to operate**  **at any time unless a fully trained and qualified HM IWI operator is accessible, either**  **at the facility or available within 1 hour. The tr ained and qualified HMIWI operator**  **may operate the HMIWI directly or be the direct sup ervisor of one or more HMIWI** 

**operators.**

**(c) Operator training and qualification shall be ob tained through a State-approved**  **program that meets the requirements included in sub paragraphs (d) through (k) of**  **this paragraph. 36**  **(d) Training shall be obtained by completing an HMI WI operator training course that**  **includes, at a minimum, the following provisions:**

**(1) 24 hours of training on the following subjects:**

**(i) Environmental concerns, including pathogen dest ruction and types of**  **emissions;**

**(ii) Basic combustion principles, including product s of combustion;** 

**(iii) Operation of the type of incinerator to be us ed by the operator,**  **including proper startup, waste charging, and shutd own procedures;** 

**(iv) Combustion controls and monitoring; (v) Operation of air pollution control equipment an**  **d factors affecting performance (if applicable);** 

**(vi) Methods to monitor pollutants (continuous emis sion monitoring**  **systems and monitoring of HMIWI and air pollution c ontrol device**  **operating parameters) and equipment calibration pro cedures (where**  **applicable);**

**(vii) Inspection and maintenance of the HMIWI, air pollution control**  **devices, and continuous emission monitoring systems ;** 

**(viii) Actions to correct malfunctions or condition s that may lead to**  **malfunction;**

**(ix) Bottom and fly ash characteristics and handlin g procedures;** 

**(x) Applicable Federal, State, and local regulation s;** 

**(xi) Work safety procedures;**

**(xii) Pre-startup inspections; and**

**(xiii) Recordkeeping requirements.**

**(2) An examination designed and administered by the instructor.** 

**(3) Reference material distributed to the attendees covering the course topics.** 

**(e) Qualification shall be obtained by:**

**(1) Completion of a training course that satisfies the criteria under subparagraph**  **(d) of this paragraph; and 37**  **(2) Either 6 months experience as an HMIWI operator , 6 months experience as a**  **direct supervisor of an HMIWI operator, or completi on of at least two burn**  **cycles under the observation of two qualified HMIWI operators.** 

**(f) Qualification is valid from the date on which t he examination is passed or the**  **completion of the required experience, whichever is later.** 

**(g) To maintain qualification, the trained and qual ified HMIWI operator shall complete**  **and pass an annual review or refresher course of at least 4 hours covering, at a**  **minimum, the following:**

**(1) Update of regulations;**

**(2) Incinerator operation, including startup and sh utdown procedures;** 

**(3) Inspection and maintenance;**

**(4) Responses to malfunctions or conditions that ma y lead to malfunction; and** 

**(5) Discussion of operating problems encountered by attendees.** 

**(h) A lapsed qualification shall be renewed by one of the following methods:** 

**(1) For a lapse of less than 3 years, the HMIWI ope rator shall complete and pass** 

**a standard annual refresher course described in sub paragraph (g) of this**  **paragraph above.**

**(2) For a lapse of 3 years or more, the HMIWI opera tor shall complete and pass a**  **training course with the minimum criteria described in subparagraph (d) of**  **this paragraph above.**

**(i) The owner or operator of an affected facility s hall maintain documentation at the**  **facility that address the following:**

**(1) Summary of the applicable standards under Secti on 12 of these regulations;** 

**(2) Description of basic combustion theory applicab le to an HMIWI;** 

**(3) Procedures for receiving, handling, and chargin g waste;** 

**(4) HMIWI startup, shutdown, and malfunction proced ures;** 

**(5) Procedures for maintaining proper combustion ai r supply levels;** 

**(6) Procedures for operating the HMIWI and associat ed air pollution control**  **systems within the standards established under Sect ion 12 of these**  **regulations; 38** 

**(7) Procedures for responding to periodic malfuncti on or conditions that may**  **lead to malfunction;**

**(8) Procedures for monitoring HMIWI emissions;**

**(9) Reporting and recordkeeping procedures; and**

**(10) Procedures for handling ash.**

**(j) The owner or operator of an affected facility s hall establish a program for reviewing**  **the information listed in subparagraph (i) of this paragraph annually with each**  **HMIWI operator.**

**(1) The initial review of the information listed in subparagraph (i) of this**  **paragraph shall be conducted by March 15, 2000, or prior to assumption of**  **responsibilities affecting HMIWI operation, whichev er date is later.** 

**(2) Subsequent reviews of the information listed in subparagraph (i) of this**  **paragraph shall be conducted annually.**

**(k) The information listed in subparagraph (i) of t his paragraph shall be kept in a readily**  **accessible location for all HMIWI operators. This information, along with records of**  **training shall be available for inspection by the D epartment upon request.** 

**5. Waste Management Guidelines.**

**The owner or operator of an affected facility shall prepare a waste management plan. The**  **waste management plan shall identify both the feasi bility and the approach to separate certain**  **components of solid waste from the health care wast e stream in order to reduce the amount** 

**of toxic emissions from incinerated waste. A waste management plan may include, but is not**  **limited to, elements such as paper, cardboard, plas tics, glass, battery, or metal recycling; or**  **purchasing recycled or recyclable products. A wast e management plan may include different**  **goals or approaches for different areas or departme nts of the facility and need not include**  **new waste management goals for every waste stream. It should identify, where possible,**  **reasonably available additional waste management me asures, taking into account the**  **effectiveness of waste management measures already in place, the costs of additional**  **measures, the emission reductions expected to be ac hieved, and any other environmental or**  **energy impacts they might have. The American Hospi tal Association publication entitled**  **"An Ounce of Prevention: Waste Reduction Strategies for Health Care Facilities" shall be**  **considered in the development of the waste manageme nt plan.** 

**6. Inspection Guidelines.**

**(a) The requirements of this paragraph apply to any small HMIWI subject to the**  **emission limits in Table 2 of paragraph 3 in Sectio n 12 of these regulations.** **39 (b) No later than September 15, 2000 and annually t**  **hereafter (no more than 12 months following the previous annual equipment inspection)**  **an equipment inspection shall be performed.** 

**(1) At a minimum, an inspection shall include the f ollowing:** 

**(i) Inspect all burners, pilot assemblies, and pilo t sensing devices for**  **proper operation; clean pilot flame sensor, as nece ssary;** 

**(ii) Ensure proper adjustment of primary and second ary chamber**  **combustion air, and adjust as necessary;**

**(iii) Inspect hinges and door latches, and lubricat e as necessary;** 

**(iv) Inspect dampers, fans, and blowers for proper operation;** 

**(v) Inspect HMIWI door and door gaskets for proper sealing;** 

**(vi) Inspect motors for proper operation;**

**(vii) Inspect primary chamber refractory lining; cl ean and repair/replace**  **lining as necessary;**

**(viii) Inspect incinerator shell for corrosion and/ or hot spots;** 

**(ix) Inspect secondary/tertiary chamber and stack, clean as necessary;** 

**(x) Inspect mechanical loader, including limit swit ches, for proper**  **operation, if applicable;**

**(xi) Visually inspect waste bed (grates), and repai r/seal, as appropriate;** 

**(xii) For the burn cycle that follows the inspectio n, document that the**  **incinerator is operating properly and make any nece ssary adjustments;** 

**(xiii) Inspect air pollution control devices(s) for proper operation, if**  **applicable;**

**(xiv) Inspect waste heat boiler systems to ensure p roper operation, if**  **applicable;**

**(xv) Inspect bypass stack components;**

**(xvi) Ensure proper calibration of thermocouples, s orbent feed systems,**  **and any other monitoring equipment; and 40**  **(xvii) Generally observe that the equipment is main tained in good operating** 

**condition.**

**(2) Within 10 operating days following an equipment inspection, all necessary**  **repairs shall be completed unless the owner or oper ator obtains written**  **approval from the Department establishing a date wh ereby all necessary**  **repairs of the designated facility shall be complet ed.** **41**

**7. Compliance and Performance Testing.**

**(a) The emission limits under paragraph 3 in Sectio n 12 of these regulations shall apply**  **at all times except during periods of startup, shut down, or malfunction, provided that**  **no hospital waste or medical/infectious waste is ch arged to the affected facility**  **during startup, shutdown, or malfunction.**

**(b) The owner or operator of an affected facility s hall conduct an initial performance test**  **in accordance with the performance test requirement s contained in 40 C.F.R. 60.8 to**  **determine compliance with the emission limits using the procedures and test methods**  **listed in subparagraphs (b)(1) through (b)(11) of t his paragraph. The use of the**  **bypass stack during a performance test shall invali date the performance test.** 

**(1) All performance tests shall consist of a minimu m of three test runs conducted**  **under representative operating conditions.**

**(2) The minimum sample time shall be 1 hour per tes t run unless otherwise** 

**indicated.**

**(3) EPA Reference Method 1 of Appendix A of 40 C.F. R. 60 shall be used to**  **select the sampling location and number of traverse points.** 

**(4) EPA Reference Method 3 or 3A of Appendix A of 4 0 C.F.R. 60 shall be used**  **for gas composition analysis, including measurement of oxygen**  **concentration. EPA Reference Method 3 or 3A of App endix A of 40 C.F.R.**  **60 shall be used simultaneously with each reference method.** 

**(5) The pollutant concentrations shall be adjusted to 7 percent oxygen using the**  **following equation:**

**Where:**

C adj **= pollutant concentration adjusted to 7 percent ox ygen;** 

C

meas **= pollutant concentration measured on a dry basis;**

**(20.9-7) = 20.9 percent oxygen - 7 percent oxygen ( defined oxygen correction**  **basis);**

**20.9 = oxygen concentration in air, percent; and**

**%** O **2 = oxygen concentration measured on a dry basis, pe**  **rcent.**

( ) 

## ( ) C C O adj meas = −

− **20 9 7**

**20 9 2**  **. . %** **42 (6) EPA Reference Method 5 or 29 Appendix A of 40 C**  **.F.R. 60 shall be used to measure the particulate matter emissions.** 

**(7) EPA Reference method 9 of Appendix A of 40 C.F. R. 60 shall be used to**  **measure stack opacity.**

**(8) EPA Reference Method 10 or 10B of Appendix A of 40 C.F.R. 60 shall be** 

**used to measure the CO emissions.**

**(9) EPA Reference Method 23 of Appendix A of 40 C.F .R. 60 shall be used to** 

**measure total dioxin/furan emissions. The minimum sample time shall be 4**  **hours per test run. If the affected facility has s elected the toxic equivalency**  **standards for dioxin/furans, under paragraph 3 in S ection 12 of these**  **regulations, the following procedures shall be used to determine compliance:** 

**(i) Measure the concentration of each dioxin/furan tetra-through octa**  **congener emitted using EPA Reference Method 23.**

**(ii) For each dioxin/furan congener measured in acc ordance with**  **subparagraph (b)(9)(i) of this paragraph, multiply the congener**  **concentration by its corresponding toxic equivalenc y factor specified**  **in Table 3 in Section 12 of these regulations.**

**(iii) Sum the products calculated in accordance wit h subparagraph**  **(b)(9)(ii) of this paragraph to obtain the total co ncentration of**  **dioxins/furans emitted in terms of toxic equivalenc y.** 

**(10) EPA Reference Method 26 of Appendix A of 40 C. F.R. 60 shall be used to**  **measure HCl emissions. If the affected facility ha s selected the percentage**  **reduction standards for HCl under paragraph 3 in Se ction 12 of these** 

**regulations, the percentage reduction in HCl emissi ons (%**  R HCl **) is computed using the following formula:** 

**Where:**

**(%** R HCl ) **= percentage reduction of HCl emissions achieved;**

E i **= HCl emission concentration measured at the contr ol device inlet,**  **corrected to 7 percent oxygen (dry basis); and**

E

o **= HCl emission concentration measured at the contr ol device outlet,**  **corrected to 7 percent oxygen (dry basis).** 

## ( ) **%** R E E

E HCl i o

i = − 

  

  × **100 43** 

**(11) EPA Reference Method 29 of Appendix A of 40 C. F.R. 60 shall be used to measure Pb, Cd, and Hg**  **emissions. If the affected facility has selected t he percentage reduction standards for metals under**  **paragraph 3 in Section 12 of these regulations, the percentage reduction in emissions (%**  R metal **) is computed using the following formula:** 

**Where:**

**(%** R metal **)= percentage reduction of metal emission (Ph, Cd, or Hg) achieved;** 

E i **= metal emission concentration (Pb, Cd, or Hg) mea sured at the control**  **device inlet, corrected to 7 percent oxygen (dry ba sis); and** 

E

o **= metal emission concentration (Pb, Cd, or Hg) mea sured at the control**  **device outlet, corrected to 7 percent oxygen (dry b asis).**  

# ( ) **%** R E E

E metal i o

i = − 

  

  × **100 44** 

TABLE 3. TOXIC EQUIVALENCY FACTORS

Dioxin/Furan Congener Toxic Equivalency

Factor

**2,3,7,8-tetrachlorinated dibenzo-p-dioxin 1** 

**1,2,3,7,8-pentachlorinated dibenzo-p**

**dioxin 0.5** 

**1,2,3,4,7,8- hexachlorinated dibenzo-p**

**dioxin 0.1** 

**1,2,3,7,8,9-hexachlorinated dibenzo-p**

**dioxin 0.1** 

**1,2,3,6,7,8-hexachlorinated dibenzo-p**

**dioxin 0.1** 

**1,2,3,4,6,7,8-heptachlorinated dibenzo-p**

**dioxin 0.01** 

**octachlorinated dibenzo-p-dioxin 0.001** 

**2,3,7,8-tetrachlorinated dibenzofuran 0.1** 

**2,3,4,7,8-pentachlorinated dibenzofuran 0.5** 

**1,2,3,7,8-pentachlorinated dibenzofuran 0.05** 

**1,2,3,4,7,8-hexachlorinated dibenzofuran 0.1** 

**1,2,3,6,7,8-hexachlorinated dibenzofuran 0.1** 

**1,2,3,7,8,9-hexachlorinated dibenzofuran 0.1** 

**2,3,4,6,7,8-hexachlorinated dibenzofuran 0.1** 

**1,2,3,4,6,7,8-heptachlorinated**

**dibenzofuran 0.01** 

**1,2,3,4,7,8,9-heptachlorinated**

**dibenzofuran 0.01** 

**octachlorinated dibenzofuran 0.001** 

**(c) Following the date on which the initial perform ance test is completed or is required**  **to be completed under the performance test requirem ents contained in 40 C.F.R.**  **60.8, whichever date comes first, the owner or oper ator of an affected facility shall:** **45**

**(1) Determine compliance with the opacity limit by conducting an annual**  **performance test (no more than 12 months following the previous**  **performance test) using the applicable procedures a nd test methods listed in**  **subparagraph (b) of this paragraph.**

**(2) Determine compliance with the PM, CO, and HCl e mission limits by**  **conducting an annual performance test (no more than 12 months following**  **the previous performance test) using the applicable procedures and test**  **methods listed in subparagraph (b) of this paragrap h. If all three performance**  **tests over a 3-year period indicate compliance with the emission limit for a**  **pollutant (PM, CO, or HCl), the owner or operator m ay forego a performance**  **test for that pollutant for the subsequent 2 years. At a minimum, a**  **performance test for PM, CO, and HCl shall be condu cted every third year**  **(no more than 36 months following the previous perf ormance test). If a**  **performance test conducted every third year indicat es compliance with the**  **emission limit for a pollutant (PM, CO, or HCl), th e owner or operator may**  **forego a performance test for that pollutant for up to an additional 2 years. If**  **any performance test indicates noncompliance with t he respective emission**  **limit, a performance test for that pollutant shall be conducted annually until**  **all annual performance tests over a 3-year period i ndicate compliance with**  **the emission limit. The use of the bypass stack du ring a performance test**  **shall invalidate the performance test.**

**(3) Facilities using a CEMS to demonstrate complian ce with any of the emission**  **limits under paragraph 3 in Section 12 of these reg ulations shall:** 

**(i) Determine compliance with the appropriate emiss ion limit(s) using a**  **12-hour rolling average, calculated each hour as th e average of the**  **previous 12 operating hours (not including startup, shutdown, or**  **malfunction).**

**(ii) Operate all CEMS in accordance with the applic able procedures**  **under Appendices B and F of 40 C.F.R. 60.**

**(d) The owner or operator of an affected facility e quipped with a dry scrubber followed**  **by a fabric filter, a wet scrubber, or a dry scrubb er followed by a fabric filter and wet** 

**scrubber shall:**

**(1) Establish the appropriate maximum and minimum o perating parameters,**  **indicated in Table 4 of Section 12 of these regulat ions for each control**  **system, as site specific operating parameters durin g the initial performance**  **test to determine compliance with the emission limi ts; and** 

**(2) Following the date on which the initial perform ance test is completed or is**  **required to be completed under the performance test requirements contained**  **in 40 C.F.R. 60.8, whichever date comes first, ensu re that the affected facility** **46 does not operate above any of the applicable maximu**  **m operating parameters or below any of the applicable minimum operating pa**  **rameters listed in Table 4 in Section 12 of these regulations and measured a**  **s 3-hour rolling averages (calculated each hour as the average of the previou**  **s 3 operating hours) at all times except during periods of startup, shutdown, a**  **nd malfunction. Operating parameter limits do not apply during perf**  **ormance tests. Operation**

**above the established maximum or below the establis hed minimum operating**  **parameter(s) shall constitute a violation of establ ished operating parameter(s).** 

**(e) Except as provided in subparagraph (h) of this paragraph, for affected facilities**  **equipped with a dry scrubber followed by a fabric filter:** 

**(1) Operation of the affected facility above the ma ximum charge rate and below**  **the minimum secondary chamber temperature (each mea sured on a 3-hour**  **rolling average) simultaneously shall constitute a violation of the CO** 

**emission limit.**

**(2) Operation of the affected facility above the ma ximum fabric filter inlet**  **temperature, above the maximum charge rate, and bel ow the minimum**  **dioxin/furan sorbent flow rate (each measured on a 3-hour rolling average)**  **simultaneously shall constitute a violation of the dioxin/furan emission limit.** 

**(3) Operation of the affected facility above the ma ximum charge rate and below**  **the minimum HCl sorbent flow rate (each measured on a 3-hour rolling**  **average) simultaneously shall constitute a violatio n of the HCl emission limit.** 

**(4) Operation of the affected facility above the ma ximum charge rate and below**  **the minimum Hg sorbent flow rate (each measured on a 3-hour rolling**  **average) simultaneously shall constitute a violatio n of the Hg emission limit.** 

**(5) Use of the bypass stack (except during startup, shutdown, or malfunction)**  **shall constitute a violation of the PM, dioxin/fura n, HCl, Pb, Cd and Hg** 

**emission limits.**

**(f) Except as provided in subparagraph (h) of this paragraph, for affected facilities**  **equipped with a wet scrubber:**

**(1) Operation of the affected facility above the ma ximum charge rate and below**  **the minimum pressure drop across the wet scrubber o r below the minimum**  **horsepower or amperage to the system (each measured on a 3-hour rolling**  **average) simultaneously shall constitute a violatio n of the PM emission limit.** 

**(2) Operation of the affected facility above the ma ximum charge rate and below**  **the minimum secondary chamber temperature (each mea sured on a 3-hour**  **rolling average) simultaneously shall constitute a violation of the CO** 

**emission limit. 47**  **(3) Operation of the affected facility above the ma ximum charge rate, below the**  **minimum secondary chamber temperature, and below th e minimum scrubber**  **liquor flow rate (each measured on a 3-hour rolling average) simultaneously** 

**shall constitute a violation of the dioxin/furan em ission limit.** 

**(4) Operation of the affected facility above the ma ximum charge rate and below**  **the minimum scrubber liquor pH (each measured on a 3-hour rolling average)**  **simultaneously shall constitute a violation of the HCl emission limit.** 

**(5) Operation of the affected facility above the ma ximum flue gas temperature**  **and above the maximum charge rate (each measured on a 3-hour rolling**  **average) simultaneously shall constitute a violatio n of the Hg emission limit.** 

**(6) Use of the bypass stack (except during startup, shutdown, or malfunction)**  **shall constitute a violation of the PM, dioxin/fura n, HCl, Pb, Cd and Hg** 

**emission limits.**

**(g) Except as provided in subparagraph (h) of this paragraph, for affected facilities**  **equipped with a dry scrubber followed by a fabric f ilter and a wet scrubber:** 

**(1) Operation of the affected facility above the ma ximum charge rate and below**  **the minimum secondary chamber temperature (each mea sured on a 3-hour**  **rolling average) simultaneously shall constitute a violation of the CO** 

**emission limit.**

**(2) Operation of the affected facility above the ma ximum fabric filter inlet**  **temperature, above the maximum charge rate, and bel ow the minimum**  **dioxin/furan sorbent flow rate (each measured on a 3-hour rolling average)**  **simultaneously shall constitute a violation of the dioxin/furan emission limit.** 

**(3) Operation of the affected facility above the ma ximum charge rate and below**  **the minimum scrubber liquor pH (each measured on a 3-hour rolling average)**  **simultaneously shall constitute a violation of the HCl emission limit.** 

**(4) Operation of the affected facility above the ma ximum charge rate and below**  **the minimum Hg sorbent flow rate (each measured on a 3-hour rolling**  **average) simultaneously shall constitute a violatio n of the Hg emission limit.** 

**(5) Use of the bypass stack (except during startup, shutdown, or malfunction)**  **shall constitute a violation of the PM, dioxin/fura n, HCl, Pb, Cd and Hg** 

**emission limits.**

**(h) The owner or operator of an affected facility m ay conduct a repeat performance test**  **within 30 days of violation of applicable operating parameter(s) to demonstrate that**  **the affected facility is not in violation of the ap plicable emission limit(s). Repeat**  **performance tests conducted pursuant to this paragr aph shall be conducted using the** **48 identical operating parameters that indicated a vio**  **lation under subparagraph (e), (f), or (g) of this paragraph.** 

**(i) The owner or operator of an affected facility u sing an air pollution control device**  **other than a dry scrubber followed by a fabric filt er, a wet scrubber, or a dry scrubber**  **followed by a fabric filter and a wet scrubber to c omply with the emission limits**  **under paragraph 3 in Section 12 of these regulation s shall petition the Administrator**  **for other site-specific operating parameters to be established during the initial**  **performance test and continuously monitored thereaf ter. The owner or operator shall**  **not conduct the initial performance test until afte r the petition has been approved by** 

**the Administrator.**

**(j) The owner or operator of an affected facility m ay conduct a repeat performance test**  **at any time to establish new values for the operati ng parameters. The Department**  **may request a repeat performance test at any time.**

**(k) Any small HMIWI subject to the emission limits in Table 2 of paragraph 3 in Section**  **12 of these regulations shall meet the following co mpliance and performance testing**  **requirements:**

**(1) Conduct the performance testing requirements in subparagraphs (a), (b)(1)**  **through (b)(9), (b)(11) (mercury only), and (c)(1) of this paragraph. The**  **2,000 lb/week limitation does not apply during perf ormance tests.** 

**(2) Establish maximum charge rate and minimum secon dary chamber**  **temperature as site-specific operating parameters d uring the initial**  **performance test to determine compliance with appli cable emission limits.** 

**(3) Following the date on which the initial perform ance test is completed or is**  **required to be completed under the performance test requirements contained**  **in 40 C.F.R. 60.8, whichever date comes first, ensu re that the designated**  **facility does not operate above the maximum charge rate or below the**  **minimum secondary chamber temperature measured as 3 -hour rolling**  **averages (calculated each hour as the average of th e previous 3 operating**  **hours) at all times except during periods of startu p, shutdown, or**  **malfunction. Operating parameter limits do not app ly during performance**  **tests. Operation above the maximum charge rate or below the minimum**  **secondary chamber temperature shall constitute a vi olation of the established**  **operating parameter(s).**

**(4) Except as provided in subparagraph (k)(5) of th is paragraph below, operation**  **of the designated facility above the maximum charge rate and below the**  **minimum secondary chamber temperature (each measure d on a 3-hour rolling**  **average) simultaneously shall constitute a violatio n of the PM, CO, and** 

**dioxin/furan emission limits. 49**  **(5) The owner or operator of a designated facility may conduct a repeat**  **performance test within 30 days of violation of app licable operating**  **parameter(s) to demonstrate that the designated fac ility is not in violation of**  **the applicable emission limit(s). Repeat performan ce tests conducted**  **pursuant to this paragraph must be conducted using the identical operating**  **parameters that indicated a violation under subpara graph (k)(4), of this**  **paragraph above.**

**8. Monitoring.**

**(a) The owner or operator of an affected facility s hall install, calibrate (to manufacturers**  = **specifications), maintain, and operate devices (or establish methods) for monitoring**  **the applicable maximum and minimum operating parame ters listed in Table 4 in**  **Section 12 of these regulations such that these de vices (or methods) measure and**  **record values for these operating parameters at the frequencies indicated in Table 4 in**  **Section 12 of these regulations at all times except during periods of startup and** 

**shutdown.**

**(b) The owner of operator of an affected facility s hall install, calibrate (to manufacturers**  = **specifications), maintain, and operate a device or method for measuring the use of the**  **bypass stack including date, time, and duration.**

**(c) The owner or operator of an affected facility u sing something other than a dry**  **scrubber followed by a fabric filter, a wet scrubbe r, or a dry scrubber followed by a**  **fabric filter and a wet scrubber to comply with the emission limits under paragraph 3**  **in Section 12 of these regulations shall install, c alibrate (to the manufacturers**  = **specifications), maintain, and operate the equipmen t necessary to monitor the site**  **specific operating parameters developed pursuant to subparagraph 7(i) in Section 12**  **of these regulations.**

**(d) The owner or operator of an affected facility s hall obtain monitoring data at all times**  **during HMIWI operation except during periods of mon itoring equipment**  **malfunction, calibration, or repair. At a minimum, valid monitoring data shall be**  **obtained for 75 percent of the operating hours per day and for 90 percent of the**  **operating days per calendar quarter that the affect ed facility is combusting hospital** 

**waste and/or medical/infectious waste.**

**(e) Any small HMIWI subject to the emission limits in Table 2 of paragraph 3 in Section**  **12 of these regulations shall meet the following mo nitoring requirements:** 

**(1) Install, calibrate (to manufacturers** = **specifications), maintain, and operate a device for measuring and recording the temperature**  **of the secondary chamber on a continuous basis, the output of which shall be**  **recorded, at a minimum, once every minute throughout operation.** **50 (2) Install, calibrate (to manufacturers**  = **specifications), maintain, and operate a device which automatically measures and records the**  **date, time, and weight of each charge fed into the HMIWI.** 

**(3) The owner or operator of a designated facility shall obtain monitoring data at**  **all times during HMIWI operation except during peri ods of monitoring**  **equipment malfunction, calibration, or repair. At a minimum, valid**  **monitoring data shall be obtained for 75 percent of the operating hour per day**  **and for 90 percent of the operating hour per calend ar quarter that the**  **designated facility is combusting hospital waste an d/or medical/infectious** 

**waste. 51** 

TABLE 4. OPERATING PARAMETERS TO BE MONITORED AND M INIMUM

MEASUREMENT AND RECORDING FREQUENCIES

Minimum Frequency Control System

Operating Parameters to be

Monitored Data

Measurement Data

Recording Dry

Scrubbe

r followed by

Fabric

Filter Wet

Scrubbe

r Dry

Scrubber

followed by Fabric

Filter and

Wet

Scrubber

Maximum operating parameters:

**Maximum charge rate Continuous**  **1 x hour** % % %

**Maximum fabric filter inlet**

**temperature Continuous**  **1 x minute** % %

**Maximum flue gas**

**temperature Continuous**  **1 x minute** % %

Minimum operating parameters:

**Minimum secondary chamber**

**temperature Continuous**  **1 x minute** % % %

**Minimum dioxin/furan**

**sorbent flow rate Hourly**  **1 x hour** % %

**Minimum HCl sorbent flow**

**rate Hourly**  **1 x hour** % %

**Minimum mercury (Hg)**

**sorbent flow rate Hourly**  **1 x hour** % %

**Minimum pressure drop**

**across the wet scrubber or minimum horsepower or**  **amperage to wet scrubber Continuous**  **1 x minute** % %

**Minimum scrubber liquor**

**flow rate Continuous**  **1 x minute** % %

**Minimum scrubber liquor pH Continuous**  **1 x minute** % %**52**

**9. Reporting and Recordkeeping Requirements.**

**(a) The owner or operator of an affected facility s hall maintain the following information**  **(as applicable) for a period of at least 5 years:**

**(1) Calendar date of each record;**

**(2) Records of the following data:**

**(i) Concentrations of any pollutant listed in parag raph 3 in Section 12 of**  **these regulations or measurements of opacity as det ermined by the**  **continuous emission monitoring system (if applicabl e);** 

**(ii) Results of fugitive emissions (by EPA Referenc e Method 22) tests, if**  **applicable;**

**(iii) HMIWI charge dates, times, and weights and ho urly charge rates;** 

**(iv) Fabric filter inlet temperatures during each m inute of operation, as**  **applicable;**

**(v) Amount and type of dioxin/furan sorbent used du ring each hour of**  **operation, as applicable;**

**(vi) Amount and type of Hg sorbent used during each hour of operation,**  **as applicable;**

**(vii) Amount and type of HCl sorbent used during ea ch hour of operation,**  **as applicable;**

**(viii) Secondary chamber temperatures recorded duri ng each minute of**  **operation;**

**(ix) Liquor flow rate to the wet scrubber inlet dur ing each minute of**  **operation, as applicable;**

**(x) Horsepower or amperage to the wet scrubber duri ng each minute of**  **operation, as applicable;**

**(xi) Pressure drop across the wet scrubber system d uring each minute of**  **operation, as applicable;**

**(xii) Temperature at the outlet from the wet scrubb er during each minute**  **of operation, as applicable;**

**(xiii) pH at the inlet to the wet scrubber during e ach minute of operation, as**  **applicable; 53** 

**(xiv) Records indicating use of the bypass stack, i ncluding dates, times,**  **and durations; and**

**(xv) For affected facilities complying with subpara graphs 7(i) and 8(c) in**  **Section 12 of these regulations, the owner or opera tor shall maintain**  **all operating parameter data collected.**

**(3) Identification of calendar days for which data on emission rates or operating**  **parameters specified under subparagraph (a)(2) of t his paragraph have not**  **been obtained, with an identification of the emissi on rates or operating**  **parameters not measured, reasons for not obtaining the data, and a description** 

**of corrective actions taken.**

**(4) Identification of calendar days, times and dura tions of malfunctions, a**  **description of the malfunction and the corrective a ction taken.** 

**(5) Identification of calendar days for which data on emission rates or operating**  **parameters specified under subparagraph (a)(2) of t his paragraph exceeded**  **the applicable limits, with a description of the ex ceedances, reasons for such**  **exceedances, and a description of corrective action s taken.** 

**(6) The results of the initial, annual, and any sub sequent performance tests**  **conducted to determine compliance with the emission limits and/or to**  **establish operating parameters, as applicable.**

**(7) Records showing the names of HMIWI operators wh o have completed review**  **of the information in subparagraph 4(i) as required by subparagraph 4(j),**  **including the date of the initial review and all su bsequent annual reviews;** 

**(8) Records showing the names of the HMIWI operator s who have completed the**  **operator training requirements, including documenta tion of training and the**  **dates of the training;**

**(9) Records showing the names of the HMIWI operator s who have met the**  **criteria for qualification under paragraph 4 in Se ction 12 of these regulations**  **and the dates of their qualification; and**

**(10) Records of calibration of any monitoring devic es as required under**  **subparagraphs 8(a), (b), and (c) in Section 12 of t hese regulations.** 

**(b) The owner or operator of an affected facility s hall submit the information specified in**  **subparagraphs (b)(1) through (b)(3) of this paragra ph no later than 60 days following**  **the initial performance test. All reports shall be signed by the facilities manager.** 

**(1) The initial performance test data as recorded u nder subparagraphs 7(b)(1)**  **through (b)(11), as applicable. 54** 

**(2) The values for the site-specific operating para meters established pursuant to**  **subparagraphs 7(d) or (i), as applicable.**

**(3) The waste management plan as specified in parag raph 5 in Section 12 of**  **these regulations.**

**(c) An annual report shall be submitted 1 year foll owing the submission of the**  **information in subparagraph (b) of this paragraph a nd subsequent reports shall be**  **submitted no more than 12 months following the prev ious report (once the unit is**  **subject to permitting requirements in Air Emissions Operating Permit Regulations for**  **the Purposes of Title V of the Federal Clean Air Ac t, APC-S-6, the owner or operator**  **of an affected facility must submit these reports s emiannually). The annual report**  **shall include the information specified in subparag raphs (c)(1) through (c)(8) of this**  **paragraph. All reports shall be signed by the faci lities manager.** 

**(1) The values for the site-specific operating para meters established pursuant to**  **subparagraph 7(d) or (i), as applicable.**

**(2) The highest maximum operating parameter and the lowest minimum**  **operating parameter, as applicable, for each operat ing parameter recorded for**  **the calendar year being reported, pursuant to subpa ragraph 7(d) or (i), as**  **applicable.**

**(3) The highest maximum operating parameter and the lowest minimum**  **operating parameter, as applicable for each operati ng parameter recorded**  **pursuant to subparagraph 7(d) or (i) for the calend ar year preceding the year**  **being reported, in order to provide the Department with a summary of the**  **performance of the affected facility over a 2-year period.** 

**(4) Any information recorded under subparagraphs (a )(3) through (a)(5) of this**  **paragraph for the calendar year being reported.**

**(5) Any information recorded under subparagraphs (a )(3) through (a)(5) of this**  **paragraph for the calendar year preceding the year being reported, in order to**  **provide the Department with a summary of the perfor mance of the affected**  **facility over a 2-year period.**

**(6) If a performance test was conducted during the reporting period, the results of** 

**that test.**

**(7) If no exceedances or malfunctions were reporte d under subparagraphs (a)(3)**  **through (a)(5) of this paragraph for the calendar y ear being reported, a**  **statement that no exceedances occurred during the r eporting period.** 

**(8) Any use of the bypass stack, the duration, reas on for malfunction, and** 

**corrective action taken. 55** 

**(d) The owner or operator of an affected facility s hall submit semiannual reports**  **containing any information recorded under subparagr aphs (a)(3) through (a)(5) of this**  **paragraph no later than 60 days following the repor ting period. The first semiannual**  **reporting period ends 6 months following the submis sion of information in**  **subparagraph (b) of this paragraph. Subsequent rep orts shall be submitted no later**  **than 6 calendar months following the previous repor t. All reports shall be signed by**  **the facilities manager.**

**(e) All records specified under subparagraph (a) of this paragraph shall be maintained**  **onsite in either paper copy or computer-readable fo rmat, unless an alternative format**  **is approved by the Department.**

**(f) Any small HMIWI subject to the emission limits in Table 2 of paragraph 3 in Section**  **12 of these regulations shall meet the following re porting and recordkeeping**  **requirements:**

**(1) Maintain records of the annual equipment inspec tions, any required**  **maintenance, and any repairs not completed within 1 0 days of an inspection**  **or the timeframe established by the Department; and**

**(2) Submit an annual report containing information recorded under subparagraph**  **(f)(1) above no later than 60 days following the ye ar in which data were**  **collected. Subsequent reports shall be sent no lat er than 12 calendar months**  **following the previous report (once the unit is su bject to permitting**  **requirements in Air Emissions Operating Permit Regu lations for the Purposes**  **of Title V of the Federal Clean Air Act, APC-S-6, t he owner or operator must**  **submit these reports semiannually). The report sha ll be signed by the**  **facilities manager.**

**10. Compliance Schedules.**

**(a) Except as provided in subparagraph (b), designa ted or affected facilities to which the**  **provisions in Section 12 of these regulations appli es (as defined in paragraph 1) shall**  **comply with all requirements in Section 12 of these regulations on or before**  **September 15, 2000, regardless of whether the Depar tment has identified a**  **designated or affected facility in the State Plan i nventory required by Subpart B of 40** 

**C.F.R. 60.**

**(b) For designated facilities planning to install t he necessary air pollution control**  **equipment, the Department may allow compliance on o r before September 15, 2002,**  **but as expeditiously as possible. No later than D ecember 15, 1999, these facilities**  **shall petition the Department in writing, as outlin ed in subparagraphs (1) through (2)**  **below. Under no circumstances can compliance with the provisions in Section 12 of**  **these regulations extend beyond September 15, 2002. 56**  **(1) Documentation of the analyses undertaken to sup port the need for an**  **extension, including an explanation of why Septembe r 15, 2002, is sufficient**  **time to comply while September 15, 2000, is not suf ficient. The** 

**documentation shall also include an evaluation of t he option to transport the** 

**waste offsite to a commercial medical waste treatme nt and disposal facility**  **on a temporary or permanent basis; and**

**(2) Documentation of measurable and enforceable inc remental steps of progress**  **to be taken towards compliance with the requirement s in Section 12 of these**  **regulations, as defined in subparagraphs (i) throug h (x) below:** 

**(i) Date for submitting a petition for site specifi c operating parameters**  **under subparagraph 7(i) in Section 12 of these regu lations;** 

**(ii) Date for obtaining services of an architectura l and engineering firm**  **regarding the air pollution control device(s);**

**(iii) Date for obtaining design drawings of the air pollution control**  **device(s);**

**(iv) Date for ordering the air pollution control de vice(s);** 

**(v) Date for obtaining the major components of the air pollution control**  **device(s);**

**(vi) Date for initiation of site preparation for in stallation of the air**  **pollution control device(s);**

**(vii) Date for initiation of installation of the ai r pollution control device(s);** 

**(viii) Date for initial startup of the air pollutio n control device(s); and** 

**(ix) Date for initial compliance test(s) of the air pollution control**  **device(s);**

**(x) Date for final compliance.**

**(c) Designated facilities planning to shut down per manently to demonstrate compliance**  **with subparagraph (a) of this paragraph shall notif y the Department in writing, no**  **later than December 15, 1999. The notification sha ll include documentation of**  **measurable and enforceable incremental steps of pro gress to be taken towards**  **compliance with the requirements in Section 12 of t hese regulations, as defined in**  **subparagraphs (1) through (6) below:**

**(1) Date for designated facility plan for shut down ;** **57 (2) Date for contract with the appropriate vendor (**  **off-site hauler or alternative waste treatment equipment);** 

**(3) Date to begin construction of alternative waste treatment equipment (if**  **applicable);**

**(4) Date for complete installation of alternative w aste treatment equipment (if**  **applicable);**

**(5) Date for shut down of incinerator;**

**(6) Date for dismantling incinerator.**

**(d) Department Actions on Petitions. On receipt of a petition, the Department will**  **authorize one of the following actions, as it shall determine:** 

**(i) The petition may be dismissed if the Department determines that it is not**  **adequate under subparagraph (b) of this paragraph.**

**(ii) The Department may grant the request of the pe tition, as petitioned or**  **by imposing such conditions as the requirements in Section 12 of**  **these regulations may require in the Title V permit , including the**  **establishment of schedules of compliance.**

**(iii) The Department may deny the petition. If suc h a denial is made, the**  **Department shall notify the petitioner in writing, state the reasons for**  **denial and outline procedures for appeal.**

**(e) Termination Procedures. Any petition granted b y the Department may be terminated**  **by the Department whenever the Department finds, af ter an opportunity for the**  **petitioner to demonstrate compliance and after noti ce and an opportunity for hearing,**  **that the petitioner is in violation of any requirem ent, condition, schedule, limitation**  **or any other provision of the petition or that oper ation under the petition does not**  **meet the minimum requirements established by State and Federal laws and**  **regulations or is unreasonably threatening the publ ic health.** 

SECTION 13. PROVISIONS FOR EXISTING COMMERCIAL AND INDUSTRIAL SOLID

WASTE INCINERATION UNITS

**1. Emission Standards. Provisions under this paragr aph that apply to existing commercial and**  **industrial solid waste incineration (CISWI) units a re the requirements that are contained in**  **40 CFR 60.2575 through 60.2875. All such requiremen ts are hereby adopted by reference by**  **the Commission as official regulations of the State of Mississippi and shall hereafter be** 

**enforceable as such. 58** 

**2. Applicability. The requirements of Section 13 sh all apply to each existing commercial and** 

**industrial solid waste incineration unit that comme nced construction on or before November**  **30, 1999 and meets the following criteria:**

**(a) Commercial and industrial solid waste incinerat ion (CISWI) unit means any** 

**combustion device that combusts commercial and indu strial waste. The boundaries of**  **a CISWI unit are defined as, but not limited to, th e commercial or industrial solid**  **waste fuel feed system, grate system, flue gas syst em, and bottom ash. The CISWI**  **unit does not include air pollution control equipme nt or the stack. The CISWI unit**  **boundary starts at the commercial and industrial so lid waste hopper (if applicable)**  **and extends through two areas: (1) the combustion u nit flue gas system, which ends**  **immediately after the last combustion chamber and ( 2) the combustion unit bottom**  **ash system, which ends at the truck loading station or similar equipment that transfers**  **the ash to final disposal. It includes all ash hand ling systems connected to the bottom**  **ash handling system.**

**(b) Commercial and industrial waste means solid was te combusted in an enclosed device**  **using controlled flame combustion without energy re covery that is a distinct**  **operating unit of any commercial or industrial faci lity (including field-erected,**  **modular, and custom built incineration units operat ing with starved or excess air), or** 

**solid waste combusted in an air curtain incinerator without energy recovery that is a**  **distinct operating unit of any commercial or indust rial facility.** 

**(c) Solid waste means any garbage, refuse, sludge f rom a waste treatment plant, water**  **supply treatment plant, or air pollution control fa cility and other discarded material,**  **including solid, liquid, semisolid, or contained ga seous material resulting from**  **industrial, commercial, mining, agricultural operat ions, and from community** 

**activities but does not include solid or dissolved material in domestic sewage, or**  **solid or dissolved materials in irrigation return f lows or industrial discharges which**  **are point sources subject to permits under Section 402 of the Federal Water Pollution**  **Control Act, as amended (42 U.S.C. 1342), or source , special nuclear, or byproduct**  **material as defined by the Atomic Energy Act of 195 4, as amended (42 U.S.C. 2014).** 

**(d) Solid waste combustion units are exempt from th e requirements of Section 13 as** 

**described and set forth below:**

**(1) Pathological waste incineration units. Incinera tion units burning 90 percent or**  **more by weight (on a calendar quarter basis and exc luding the weight of**  **auxiliary fuel and combustion air) of pathological waste, low-level**  **radioactive waste, and/or chemotherapeutic waste as defined in 40 CFR**  **60.2875 are not subject to the requirements of Sect ion 13 if the owner or**  **operator of the CISWI unit meets the two requiremen ts specified in (1)(i) and**  **(ii) of this paragraph.**

**(i) Notify the Executive Director that the unit me ets these criteria.** **59 (ii) Keep records on a calendar quarter basis of t**  **he weight of pathological waste, low-level radioactive waste, and/or chemothe**  **rapeutic waste burned, and the weight of all other fuels and waste**  **s burned in the**

**unit.**

**(2) Agricultural waste incineration units. Inciner ation units burning 90 percent**  **or more by weight (on a calendar quarter basis and excluding the weight of**  **auxiliary fuel and combustion air) of agricultural wastes as defined in 40 CFR**  **60.2875 are not subject to the requirements of Sect ion 13 if the owner or**  **operator of the CISWI unit meets the two requiremen ts specified in (2)(i) and**  **(ii) of this paragraph.**

**(i) Notify the Executive Director that the unit mee ts these criteria.** 

**(ii) Keep records on a calendar quarter basis of th e weight of agricultural**  **waste burned, and the weight of all other fuels and wastes burned in** 

**the unit.**

**(3) Municipal waste combustion units. Incineration units that meet either of the**  **two criteria specified in (3)(i) or (ii) of this pa ragraph.** 

**(i) Are regulated under 40 CFR 60, Subpart Ea (Stan dards of**  **Performance for Municipal Waste Combustors); 40 CFR 60, Subpart**  **Eb (Standards of Performance for Municipal Waste Co mbustors for**  **Which Construction is Commenced After September 20, 1994); 40**  **CFR 60, Subpart Cb (Emission Guidelines and Compli ance Time for**  **Large Municipal Combustors that are Constructed on or Before**  **September 20, 1994); 40 CFR 60, Subpart AAAA (Stand ards of**  **Performance for New Stationary Sources: Small Munic ipal Waste**  **Combustion Units); or 40 CFR 60, Subpart BBBB (Emis sion**  **Guidelines for Existing Stationary Sources: Small M unicipal Waste**  **Combustion Units).**

**(ii) Burn greater than 30 percent municipal solid w aste or refuse-derived**  **fuel, as defined in Subpart Ea, Subpart Eb, Subpart AAAA, and**  **Subpart BBBB, and that have the capacity to burn le ss than 35 tons**  **(32 megagrams) per day of municipal solid waste or refuse-derived**  **fuel, if the owner or operator of the CISWI unit me ets the two**  **requirements in (3) (ii) (A) and (B) of this paragr aph.** 

**(A) Notify the Executive Director that the unit mee ts these** 

**criteria.**

**(B) Keep records on a calendar quarter basis of the weight of**  **municipal solid waste burned, and the weight of all other fuels** 

**and wastes burned in the unit. 60**  **(4) Medical waste incineration units. Incineration units regulated under 40 CFR**  **60, Subpart Ec (Standards of Performance for Hospit al/Medical/Infectious** 

**Waste Incinerators for Which Construction is Commen ced After June 20,**  **1996) or 40 CFR 60, Subpart Ca (Emission Guidelines and Compliance**  **Times for Hospital/Medical/Infectious Waste Inciner ators).** 

**(5) Small power production facilities. Units that meet the three requirements**  **specified in (5)(i) through (iii) of this paragraph**

**.**

**(i) The unit qualifies as a small power-production facility under section 3**  **(17)(C) of the Federal Power Act (16 U.S.C. 796 (17 )(C)).** 

**(ii) The unit burns homogeneous waste (not includin g refuse-derived**  **fuel) to produce electricity.**

**(iii) The owner or operator of the CISWI unit notif ies the Executive** 

**Director that the unit meets all of these criteria.**

**(6) Co-generation facilities. Units that meet the three requirements specified in**  **(6)(i) through (iii) of this paragraph.**

**(i) The unit qualifies as a co-generation facility under section 3(18)(B) of**  **the Federal Power Act (16 U.S.C. 796(18)(B)).**

**(ii) The unit burns homogeneous waste (not includin g refuse-derived**  **fuel) to produce electricity and steam or other for ms of energy used**  **for industrial, commercial, heating, or cooling pur poses.** 

**(iii) The owner or operator of the CISWI unit notif ies the Executive** 

**Director that the unit meets all of these criteria.**

**(7) Hazardous waste combustion units. Units that m eet either of the two criteria**  **specified in (7)(i) or (ii) of this paragraph.**

**(i) Units for which the owner or operator is requir ed to get a permit**  **under section 3005 of the Solid Waste Disposal Act.**

**(ii) Units regulated under Subpart EEE of 40 CFR Pa rt 63 (National** 

**Emission Standards for Hazardous Air Pollutants fro m Hazardous**  **Waste Combustors).**

**(8) Materials recovery units. Units that combust w aste for the primary purpose**  **of recovering metals, such as primary and secondary smelters.** 

**(9) Air curtain incinerators. Air curtain incinera tors that burn only the materials**  **listed in (9)(i) through (iii) of this paragraph a re only required to meet the** **61 requirements under**  A **Air Curtain Incinerators** @ **40 CFR 60.2810 through 60.2870).** 

**(i) 100 percent wood waste.**

**(ii) 100 percent clean lumber.**

**(iii) 100 percent mixture of only wood waste, clean lumber, and/or yard** 

**waste.**

**(10) Cyclonic barrel burners. (See 40 CFR 60.2875)**

**(11) Rack, part, and drum reclamation units. (See 40 CFR 60.2875)** 

**(12) Cement kilns. Kilns regulated under Subpart L LL of 40 CFR Part 63**  **(National Emission Standards for Hazardous Air Poll utants from the Portland**  **Cement Manufacturing Industry).**

**(13) Sewage sludge incinerators. Incineration unit s regulated under Subpart O of**  **40 CFR Part 60 (Standards of Performance for Sewage Treatment Plants).** 

**(14) Chemical recovery units. Combustion units bur ning materials to recover**  **chemical constituents or to produce chemical compou nds where there is an**  **existing commercial market for such recovered chemi cal constituents or**  **compounds. The seven types of units described in (14)(i) through (vii) of**  **this paragraph are considered chemical recovery uni ts.** 

**(i) Units burning only pulping liquors (i.e., black liquor) that are**  **reclaimed in a pulping liquor recovery process and reused in the**  **pulping process.**

**(ii) Units burning only spent sulfuric acid used to produce virgin sulfuric** 

**acid.**

**(iii) Units burning only wood or coal feedstock for the production of** 

**charcoal.**

**(iv) Units burning only manufacturing byproduct str eams/residues**  **containing catalyst metals which are reclaimed and reused as catalysts**  **or used to produce commercial grade catalysts.**

**(v) Units burning only coke to produce purified car bon monoxide that is**  **used as an intermediate in the production of other chemical**  **compounds. 62**  **(vi) Units burning only hydrocarbon liquids or soli ds to produce**  **hydrogen, carbon monoxide, synthesis gas, or other gases for use in**  **other manufacturing processes.**

**(vii) Units burning only photographic film to recov er silver.** 

**(15) Laboratory analysis units. Units that burn sa mples of materials for the**  **purpose of chemical or physical analysis.**

**3. Schedule for compliance.**

**(a) Except as provided in sub-paragraph (b), each d esignated or affected facility to which**  **the provisions of Section 13 are applicable, shall comply with the emission standards**  **and requirements set forth in Section 13 not later than December 1, 2003.** 

**(b) Any designated or affected facility that does n ot comply with sub-paragraph (a) shall**  **be subject to the increments of progress requiremen ts set forth in 40 CFR 60.2575**  **through 60.2605 and shall comply as follows:**

**(1) Increment 1 - Submit final control plan - April 1, 2003** 

**(2) Increment 2 - Achieve final compliance - Decem ber 1, 2005** 

**4. Permitting requirements. Each CISWI unit affecte d by the provisions of Section 13 shall be**  **subject to the permitting requirements of Air Emiss ions Operating Permit Regulations for the**  **Purposes of Title V of the Federal Clean Air Act, A PC-S-6; and the owner and/or operator of**  **the affected facility shall submit the necessary pe rmit application not later than April 1, 2003.**  **Beginning December 1, 2003, affected facilities sha ll only operate pursuant to authorization,**  **or a permit issued, pursuant to the operating permi t regulations referenced herein.** 

**5. Clarifications of terminology. Clarification for certain terms contained in the requirements**  **adopted by reference into Section 13 are as follows :** 

**(a) The term "Administrator", as it relates to the State Air Pollution Control Agency in**  **40 CFR 60.2575 through 60.2875, means the "Executiv e Director" of the Mississippi**  **Department of Environmental Quality.**

**(b) The term "You" in 40 CFR 60.2575 through 60.287 5 means the owner or operator of** 

**a CISWI unit.**

**(c) The term "State plan" in 40 CFR 60.2575 through 60.**  **2875 means the plan (including the requirements set forth in Section 13) submitted**  **to the U.S. Environmental Protection Agency that implement the emission guide**  **lines contained in 40 CFR 60, Subpart DDDD.** 

SECTION 14. PROVISIONS FOR THE CLEAN AIR INTERSTAT E RULE.**63**

**1. The provisions of this paragraph apply to Electr ic Generating Units subject to the Clean Air**  **Interstate Rule (CAIR) as set forth in 40 CFR 51.12 3, 40 CFR 51.124, and 40 CFR 96.102**  **through 40 CFR 96.388 as amended and promulgated by the U.S. Environmental Protection**  **Agency as of September 15, 2006. All such requirem ents are incorporated herein and**  **adopted by reference by the Mississippi Commission on Environmental Quality as official**  **regulations of the State of Mississippi and shall h ereafter be enforceable as such except as** 

**follows:**

**(a) The term** A **permitting authority** @ **shall mean the “Mississippi Environmental Quality Permit Board” except when used in the definitions o**  **f “Allocate or allocation” and “CAIR NOx allowance” in 40 CFR 96.102, the definiti**  **ons of “Allocate or allocation” and “CAIR SO2 allowance” in 40 CFR 96.202, and the**  **definitions of “Allocate or**

**allocation” and “CAIR NOx Ozone Season allowance” i n 40 CFR 96.302.** 

**(b) Unit specific nitrogen oxides (NO**

**x ) annual and ozone season allowances shall be**  **established by the Commission in accordance with th e procedures outlined in 40 CFR**  **96.142 and 40 CFR 96.342 and will be assigned to ea ch unit by the dates specified in** 

**40 CFR 96.141 and 40 CFR 96.341.**