### 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 LastAmended 19July 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 RI. Administrative Procedures Act, R.I. Gen
. Laws Chapter 42-35.

### RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL MANAGEMENT OFFICE OF AIR RESOURCES AIR POLLUTION CONTROL REGULATION N0.12 INCINERATORS
12.1 Def"mitions Unless otherwise expressly defined in this section, the terms used in this regulation shall be defined by reference to the Rhode Island Air Pollu tion Control General Definitions Regulation. As used in this regulation, the following tenns 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," Stan dard Methods for the Ex amination of Water and Wastewater, ThirteenthEdition, American Public HealthAssociation, Inc., New York, New York,1971, pp. 539-41, as amended, suchthat: (a) Evaporating dishes shall be ignited to at least 103°C rather than the 550°C specified in step 3 (a) (1); (b) Determination ofvolatile residue, step 3 (b) may be deleted. 12
. 1.2 "Hazardous material" means any material or combination ofmaterials ofa solid, liquid, contained gaseous, or semisolid form that because ofquantity, concentration, orphysical, chemical orother 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 th
. e 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 ofTypes 0, I, 2 and 3 refuse. 12.1.4 "Multiple chamber incinerator" means an incinerator withtwo ormore refractory-lined combustion chambers in series separated physically by refractory walls, interconnected by gas passages, and employing adequate designparameters Page 1 of6necessary for maximum combustion ofthe refuse materials. 12.1.5 "Pathological incinerator" means an incinerator designed for the thermal degradation ofpathological waste (Type 4 refuse). 12.1.6 "Sewage sludge incinerator" means an incinerator designed for the thermal degradation ofthe sludge produced by municipal sewage treatment facilities. 12.1.7 "Single chamberflue· 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 ofcombustion 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 ofTypes 0, 1, 2 and 3 refuse. 12.1.9 "Special incinerator" means an incinerator designed for the thermal degradation ofTypes 5 and 6 refuse. 12.1
. 10 "Type0 refuse" means trash, consisting ofa mixture of highly combustible refuse such as paper , cardboard, cartons, wood boxe s and combustible floor sweepings, containing approximately ten percent moisture and five percent incombustible solids, and having a heating value ofapproximately 8,500 Btu per pound as fired, and deriving from commercial and industrial activities. The mixtures con tain 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 pound as fired, and deriving from domestic, commercial and industrial activities. The mixture contains up to 20 percent by weight ofrestaurant 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. Page 2 of612.1.14 "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
.l Except as provided in subsection 12.2.2, any incinerator, except residential incinerators and those used for the degradation ofhazardous materials, must complywith the provisions and limitations ofthis regulation. · 12.2.2 Any incinerator subject to Sections 39.3 through 39.10 ofRhode 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) ofparticulate matter corrected to 12 percent C02, maximum two-hour average. 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) ofparticulate matter correctedto 12 percent C02, 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 sludg e incinerator that will emit more than 1.30 pounds ofparticulate matter per ton ofdry sludge input.
12.4 Permit to Construct Page 3 of612.4.l 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 foJlowing minimwn information has been submitted to the Director: (a) Design parameters ofthe incinerator; (b) Design drawings ofthe incinerator; (c) ' Design specifications ofair pollution control equipment; (d) Types ofwaste proposed to be incinerated; and (e) Any other information required by the Director. 12.5 Determination ofCompliance Compliance with Section 12.3 shall be determined by one ofthe following procedures: (a) Emission testing conducted by the owner or operator ofthe source according to Method 5 ofAppendix A to Part 60 of Title 40 of the Code ofFederal Regulations, orby an.other method that has the prior appro¥al ofor isrequH=ed by the Direotor; (b) Technical evaluation based on such factors which may include type(s) of refuse burned; design of the incinerator, design efficiency of air pollution control systems, and emission test results on similar incinerators; (e) 2'\fty other emissioa 

### testillg method as reetaifed and approved bythe Direeter
. 12.6 Prohibitions 12.6.1 No person shall construct, install, use or cause to 

### be used any single chamber flue-fed incinerator.

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### 12.7 Hazardous Waste Incinerators 12.7.1 Rules and regulations governing the incineration of hazardous waste are contained in the Office ofWaste Management's regulations entitled "Rules and Regulations for Hazardous Waste Management" 

### 12.8 General Provisions 12.8.1 Purpose The purpose ofthis 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 pursuantto the procedures set forth inthe R.I. Administrative Procedures Act, R.I. Gen. Laws Chapter 42-35
12.8.3 Application The tetms and pFoYisions ofthis regulation shall be ltbernlly construed to 

### peffflit the Department to ef:feetua-te the pw-poses of state law, goals and policies. 12.8.4 Severability If

### any provision ofthis regulation or the application thereofto any person or circumstance, is held invalid by a court ofcompetentjurisdiction, the validity ofthe remainder ofthe regulation shall not be affected thereby.

Page 5 of612.8.5 Effective Date The foregoing regulation
. "Incinerators", as amended, after due notice
. is hereby adopted and filed with the Secretary ofState this 29th day of June • 20 07 to become effective twenty (20) days thereafter, in accordance with the provisions ofChapters 23-23, 42-35, 42-17.1, 42

- 17.6, ofthe General Laws ofRhode Island of 1956, as amended.

W. Michael Sullivan, PhD., Director Department ofEnvironmental Management



### Notice Given on: February 21, 2007 Public Hearing held: March 23, 2007 Filing Date: June 29, 2007 Effective Date: July 19, 2007

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