STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

OFFICE OF AIR RESOURCES

AIR POLLUTION CONTROL REGULATION NO. 12

INCINERATORS

Effective 28 February 1972

Last Amended 19 July 2007

AUTHORITY: These regulations are authorized pursuant to R.I. Gen. Laws § 42-

17.1-2(s) and 23-23, as amended, and have been promulgated pursuant to the 

procedures set forth in the R.I. Administrative Procedures Act, R.I. Gen. Laws Chapter 

42-35.
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RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

OFFICE OF AIR RESOURCES

AIR POLLUTION CONTROL REGULATION NO. 12

INCINERATORS

12.1 Definitions

Unless otherwise expressly defined in this section, the terms used in this regulation shall be 

defined by reference to the Rhode Island Air Pollution Control General Definitions 

Regulation. As used in this regulation, the following terms shall, where the context permits, 

be construed as follows:

12.1.1 "Dry sludge" means the total solids residue determined in accordance with "224 G. 

Method for Solid and Semisolid Samples," Standard Methods for the Examination 

of Water and Wastewater, Thirteenth Edition, American Public Health Association, 

Inc., New York, New York,1971, pp. 539-41, as amended, such that:

(a) Evaporating dishes shall be ignited to at least 103oC rather than the 550oC 

specified in step 3 (a) (1);

(b) Determination of volatile residue, step 3 (b) may be deleted.

12.1.2 "Hazardous material" means any material or combination of materials of a solid, 

liquid, contained gaseous, or semisolid form that because of quantity, concentration, 

or physical, chemical or other characteristics may:

(a) cause or significantly contribute to an increase in mortality or an 

increase in serious irreversible or incapacitating reversible illness; or

(b) pose a substantial present or potential hazard to human health or the 
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environment.

Such materials include, but are not limited to, those that are toxic, 

corrosive, flammable, irritants, strong sensitizers, substances that are 

assimilated or concentrated in and are detrimental to tissue or that 

generate pressure through decomposition or chemical reaction.

12.1.3 "Large incinerator" means an incinerator having a capacity of 2,000 pounds or 

more per hour operated for the thermal degradation of Types 0, l, 2 and 3 refuse.

12.1.4 "Multiple chamber incinerator" means an incinerator with two or more

refractory-lined combustion chambers in series separated physically by refractory

walls, interconnected by gas passages, and employing adequate design 

parameters necessary for maximum combustion of the refuse materials.

12.1.5 "Pathological incinerator" means an incinerator designed for the thermal 

degradation of pathological waste (Type 4 refuse).

12.1.6 "Sewage sludge incinerator" means an incinerator designed for the thermal 

degradation of the sludge produced by municipal sewage treatment facilities.

12.1.7 "Single chamber flue-fed incinerator" means an incinerator with one 

combustion chamber and a single flue that serves as both the charging chute and 

the flue to transport products of combustion to the atmosphere.

12.1.8 "Small incinerator" means an incinerator having a capacity of less than 2000 

pounds per hour operated for the thermal degradation of Types 0, l, 2 and 3 refuse.

12.1.9 “Special incinerator" means an incinerator designed for the thermal degradation 

of Types 5 and 6 refuse.

12.1.10 "Type O refuse" means trash, consisting of a mixture of highly combustible 

refuse such as paper, cardboard, cartons, wood boxes and combustible floor 

sweepings, containing approximately ten percent moisture and five percent 

incombustible solids, and having a heating value of approximately 8,500 Btu per 

pound as fired, and deriving from commercial and industrial activities. The 

mixtures contain up to ten percent by weight of plastic bags, coated paper, 

laminated paper, treated corrugated cardboard, oily rags and plastic or rubber 

scraps.

12.1.11 "Type 1 refuse" means rubbish, consisting of a mixture of combustible refuse 

such as paper, cardboard, cartons, wood scraps, foliage and combustible floor 

sweepings, containing approximately 25 percent moisture and ten percent 

combustible solids and having a heating value of approximately 6,500 Btu per 
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pound as fired, and deriving from domestic, commercial and industrial activities. 

The mixture contains up to 20 percent by weight of restaurant or cafeteria refuse 

but contains little or no treated paper, plastic or rubber refuse.

12.1.12 "Type 2 refuse" means refuse, consisting of an approximately even mixture of 

rubbish and garbage by weight, containing up to 50 percent moisture and 

approximately seven percent incombustible solids, and having a heating value of 

approximately 4,300 Btu per pound as fired, and commonly deriving from 

apartment and residential occupancy.

12.1.13 "Type 3 refuse" means garbage, consisting of animal and vegetable refuse 

containing up to 70 percent moisture and up to five percent incombustible solids 

and having a heating value of approximately 2,500 Btu per pound as fired and 

deriving from restaurants, cafeterias, hotels, hospitals, markets and like 

installations.

12.1.14 "Type 4 refuse" means human and animal remains, consisting of carcasses, 

organs, and solid organic refuse from hospitals, laboratories, abbatoirs, animal 

pounds, and similar sources and any matter or materials involving or 

pertaining to disease or disease-producing organisms, including infectious 

agents and helminths.

12.1.15 "Type 5 refuse" means gaseous, liquid or semiliquid by-product refuse from 

industrial operations not defined as a hazardous material.

12.1.16 "Type 6 refuse" means solid by-product refuse from industrial operations not 

defined as a hazardous material.

12.2 Applicability and Exemptions

12.2.1 Except as provided in subsection 12.2.2, any incinerator, except residential 

incinerators and those used for the degradation of hazardous materials, must 

comply with the provisions and limitations of this regulation.

12.2.2 Any incinerator subject to Sections 39.3 through 39.10 of Rhode Island Air 

Pollution Control Regulation No. 39 is not subject to this regulation.

12.3 Emission Standards

12.3.1 Small Incinerators

No person shall construct, install, use or cause to be used any small incinerator that 

will emit more than 0.16 gr/dscf (0.36 g/dscm) of particulate matter corrected to 12 

percent CO2, maximum two-hour average.
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12.3.2 Large, Pathological and Special Incinerators

No person shall construct, install, use or cause to be used any large, pathological or 

special incinerator that will emit more than 0.08 gr/dscf (0.18 g/dscm) of particulate 

matter corrected to 12 percent CO2, maximum two-hour average.

12.3.3 Particulate Emissions from Sewage Sludge Incinerators

No person shall construct, install, use or cause to be used any sewage sludge 

incinerator that will emit more than 1.30 pounds of particulate matter per ton of dry

sludge input.

12.4 Permit to Construct

12.4.1 No person shall construct, install, use or cause to be used any incinerator 

unless it is a type approved by the Director for being effective for air 

pollution control.

12.4.2 No person shall construct, install or operate any incinerator before the

following minimum information has been submitted to the Director:

(a) Design parameters of the incinerator;

(b) Design drawings of the incinerator;

(c) Design specifications of air pollution control equipment;

(d) Types of waste proposed to be incinerated; and

(e) Any other information required by the Director.

12.5 Determination of Compliance

Compliance with Section 12.3 shall be determined by one of the following procedures:

(a) Emission testing conducted by the owner or operator of the source according 

to Method 5 of Appendix A to Part 60 of Title 40 of the Code of Federal 

Regulations, or by another method that has the prior approval of or is 

required by the Director;

(b) Technical evaluation based on such factors which may include type(s) of 

refuse burned; design of the incinerator, design efficiency of air pollution 
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control systems, and emission test results on similar incinerators;

(c) Any other emission testing method as required and approved by the 

Director.

12.6 Prohibitions

12.6.1 No person shall construct, install, use or cause to be used any single chamber 

flue-fed incinerator.

12.7 Hazardous Waste Incinerators

12.7.1 Rules and regulations governing the incineration of hazardous waste are 

contained in the Office of Waste Management’s regulations entitled “Rules 

and Regulations for Hazardous Waste Management”

12.8 General Provisions

12.8.1 Purpose

The purpose of this regulation is to limit particulate emissions from 

incinerators.

12.8.2 Authority

These regulations are authorized pursuant to R.I. Gen. Laws § 42-17.1-2(s) 

and 23-23, as amended, and have been promulgated pursuant to the 

procedures set forth in the R.I. Administrative Procedures Act, R.I. Gen. 

Laws Chapter 42-35

12.8.3 Application

The terms and provisions of this regulation shall be liberally construed to 

permit the Department to effectuate the purposes of state law, goals and 

policies.

12.8.4 Severability

If any provision of this regulation or the application thereof to any person 

or circumstance, is held invalid by a court of competent jurisdiction, the 

validity of the remainder of the regulation shall not be affected thereby.
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12.8.5 Effective Date

The foregoing regulation, "Incinerators”, as amended, after due notice, is 

hereby adopted and filed with the Secretary of State this __29th___ day of 

_____June______, 20_07 to become effective twenty (20) days thereafter, 

in accordance with the provisions of Chapters 23-23, 42-35, 42-17.1, 42-

17.6, of the General Laws of Rhode Island of 1956, as amended.

W. Michael Sullivan, PhD., Director

Department of Environmental Management

Notice Given on: February 21, 2007

Public Hearing held: March 23, 2007

Filing Date: June 29, 2007

Effective Date: July 19, 2007