**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.Page 1 of 6

**RHODE ISLAND D EPARTMENT 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 t

he 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 di shes shall be ignited to at least 103 oC rather than the 550 oC 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 thePage 2 of 6 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 o f 2,000 pounds or more per hour operated for the thermal degradation of Ty pes 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 employ ing adequa

te 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 (Ty pe 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 o f less than 2000 pounds per hour operated for the thermal degradation of Ty pes 0, l, 2 and 3 refuse. 12.1. 9 **“ Special**  **incinerator"** means an incinerator designed for the thermal degradation of Ty pes 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 2 5 percent moisture and ten percent combustible solids and having a heating value of approximately 6 ,500 Btu perPage 3 of 6 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 mixtu

re 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, a

nd 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 I

ncinerators 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) o f particulate matter corrected to 12 percent CO 2 , maximum two
-hour average.Page 4 of 6 12.3.2 Large, Pathological and Special I ncinerators 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 I ncinerators No person shall construct, install, use or cause to be used any s ewage 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 ty

pe approved by

t he Director f

or 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) Ty

pes 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

a nother method that has the prior a pproval of or is required by

the Director; (b) Technical evaluation based on such factors which may include ty

pe(s) of refuse burned; design of the incinerator, design efficiency o f air pollutionPage 5 of 6 control systems, and emission test results on similar incinerators; (c) Any

other emission testing method as required and approved by t he 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 c onstrued 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
.Page 6 of 6 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**  **Effe ctive Date:**  **July 19, 2007**