**MISSISSIPPI COMMISSION ON ENVIRONMENTAL QUALITY**

**"AIR EMISSION REGULATIONS FOR THE PREVENTION, ABATEMENT, AND**

**CONTROL OF AIR CONTAMINANTS"**

**APC -**  **S -**  **1 Amended December 11, 2008**  **Redline/Strikeout Version**APC

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- 1, Amended December 11, 2008 , Redline/Strikeout ii **APC -**  **S -**  **1 TABLE OF CONTENTS** 

**SECTION 1: GENE RAL**  **................................ ................................**  **............................... PAG** **E 1 SECTION 2: DEFINITIONS**  **................................ ................................**  **......................... PAGE 1**  **SECTION 3: SPECIFIC CRITERIA FO R SOURCES OF PARTICULATE MATTER** 

**................................ ................................**  **................................ ................................**  **........... PAGE**  **5 SECTION 4: SPECIFIC CRITERIA**  **FOR SOURCES OF SULFUR COMPOUNDS**

**................................ ................................**  **................................ ................................**  **........... PAGE**  **10 SECTION 5: SPECIFIC CRITERIA FO**  **R SOURCES OF CHEMICAL EMISSIONS**

**................................ ................................**  **................................ ................................**  **........... PAGE 1**  **5 S**  **ECTI ON 6: NEW SOURCES**  **................................ ................................**  **...................... PAGE 1**  **5 SECTION 7: EXCEPTIONS**  **................................ ................................**  **......................... PAGE 1**  **7 SECTION 8: PROVISIO**  **NS FOR HAZARDOUS AIR POLLUTANTS ..................**  **PAGE 1 7**  **SECTION 9: STACK HEIGHT CONSIDERATIONS**  **................................ ...............**  **PAGE 1 8**  **SECTION 10: PROVISIONS FOR UPSETS, STARTUPS, AND SHUTDOWNS** 

**................................ ................................**  **................................ ................................**  **........... PAGE**  **23 SECTION 11: SEVERA** **BIL ITY**  **................................ ................................**  **................... PAGE**  **25 SECTION 12: PROVISIONS FOR EXISTING HOSPITAL** **/ MEDICAL/INFECTIOUS**  **WASTE INCINERATORS ................................**  **................................ ...........................**  **PAGE 26**  **SECTION 13: PROVISIONS FOR EXISTING COMMERCIAL AND INDUSTRIAL SOLID WASTE INCINERATION UNITS**  **................................ ................................**  **.. PAGE**  **61 SECTION 14: PROVISIONS FOR THE CLEAN AIR INTE**  **RS TATE RULE**  **....... PAGE**  **66**APC

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- 1, Amended December 11, 2008 , Redline/Strikeout 1 **MISSISSIPPI COMMISSION ON ENVIRONMENTAL QUALITY AIR EMISSION REGULATIONS FOR THE PREVENTION, ABATEMENT,** 

**AND CONTROL OF AIR CONTAMINANTS**

**APC -**  **S -**  **1 Amended**  **December 11, 2008**

**SECTION 1. GENERAL**  1. Authority

. Pursuant to the authority granted by M iss. Code Ann. 49

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- 17, the following regulations are adopted for the purpose of preventing, abating, and controlling air pollution caused by air contaminants being discharged into the atmosphere as particulates, smoke, fly a sh, solvents, and other chemicals or combinations thereof. 2. Except as otherwise noted herein, stack emissions testing for demonstration of compliance with the regulations herein may b e performed in accordance with the Test Methods of the U. S. Environmental Protection Agency in place at the time testing is performed or as otherwise approved by t he staff of the Mississippi Office of Pollution Control and the U. S. Environmental Protection Agency

. Notwithstanding this or any other provision in these or any other regulations, the owner or operator may

u se any credible evidence or information relevant to whether a source would have been in compliance with applicable requirements 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 whether a source would have been in compliance with applicable requirements if the appropriate performance or compliance test had been performed, can be used to establish whether or not a person has violated or is in violation of any standard or applicable requirement. 3. Inthe event of a conflict between any o f the requirements 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 me anings:APC

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- 1, Amended December 11, 2008 , Redline/Strikeout 2

1. "Air cleaning device." Any method, process or equipment which removes, reduces or renders less noxious air contaminants discharged into the atmosphere. This term is sy nony mous with air pollution control device. 2. "Air contaminant." P articulate matter, dust, fumes, gas, mist, smoke, or vapor, or any combination thereof produced by processes other than natural. 3. "Air contamination." The presence in the outdoor ambient air of one or more air contaminants which contribute to a condition of air pollution. 4. "Air contamination source." Any s ource at, from, or by

reason of which there is emitted into the ambient air any air contaminant, regardless of who the person may b e 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 which the emission is caused or from which the emission comes. 5. "Air contaminant point source." Any s ingle point of emissions of any air contaminant such as f

rom an individual machine or combustion device. 6. "Air pollution." The presence in the outdoor ambient air of one or more air contaminants in quantities, of characteristic, and of a duration which 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 enjoy

ment 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 existing in the matter of space and to which life of this earth is adapted. F or the purposes of these regulations, that portion of the atmosphere outside of buildings, stacks, and ducts. 8. "Atmosphere." The air that envelopes or surrounds the earth. This term is sy nony mous with ambient air. 9. "Commission." The Mississippi Commission on Environmental Quality

. 10. "Excess (or excessive) emission." The operation of a facility in which the emission of one or more pollutants exceeds the applicable limit(s). 11. "Fly

ash." P articulate 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 other wise specified in sampling techniques, will be considered to be in the range of one to twenty (20) feet of ground level. F or ambient sampling, it shall also be outside the boundaries of the property which contains the air pollution source.APC

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- 1, Amended December 11, 2008 , Redline/Strikeout 3

13. "Incinerator." Ac ombustion device specifically 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 combustibles. 14. "Modification." Any phys ical change in, or change in the method of operation of, an affected facility

which increases the amount of any air pollutant emitted by

such facility or which results in the emission of any air pollutant not previously emitted, except that: (1) Routine maintenance, repair and replacement shall 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, unless it is prohibited by a permit. 15. "Multiple chamber incinerator." Any article, machine, equipment, contrivance, structure, or any

p art thereof used to dispose of combustible refuse by burning, which consists of three or more refractory walls, interconnected by gas passage points or ducts and employing adequate design parameters necessary f or maximum combustion of the material to be burned. 16. "Opacity ." The degree to which emissions reduce 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 combustion, (2) containment of the combustion reaction in an enclosed device to provide sufficient residence time and mixing for complete combustion, and (3) control of the emission of the combustion products. 18. "Ozone Action Day ." Aday(s) occurring between April 1 March 1 and September 30 October 31 of each ye ar which the Executive Director has designated as being conducive to high rates of ozone formation for a name d county(ies) among DeSoto, Hancock, Harrison, and Jackson Counties. 19. "Particulate matter." Any airborne finely

divided solid or liquid material with an aerody namic diameter smaller than 100 micrometers. 20. "Particulate matter emissions." All fine ly divided solid or liquid material, other than uncombined water, emitted to the ambient air as measured by a n applicable EPA Test Method, an equivalent or alternative method specified by the EPA, or by

a test method specified in the approved State Implementation Plan. 21. "Person." The State or other agency, or institution thereof, any m unicipality, political subdivision, public or private corporation, individual, partnership, association, orAPC

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- 1, Amended December 11, 2008 , Redline/Strikeout 4 other entity, and includes any o fficer or governing or managing body o f any municipality, political subdivision, or public or private corporation, or the United States or any

officer or employee thereof. 22. " PM 2.5 " Particulate matter with an aerody namic diameter less than or equal to a nominal 2.5 micrometers as measured by a reference method based on Appendix L of 40 CFR 50 and designated in accordance with 40 CFR 53 or by a n equivalent method designated in accordance with 40 CFR Part 53. 23. "PM 2.5 emissions." F inely divided solid or liquid material, with an aerody namic diameter less than or equal to a nominal 2.5 micrometers, emitted to the ambient air as measured by

an applicable EPA Test Method, an equivalent or alternate method specified by

the EPA, or by

a test method specified in the approved State Implementation Plan. 22 24

. "PM 10 ." P articulate matter with an aerody namic 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 a n equivalent method designated in accordance with 40 CFR Part 53. 23 25

. "PM 10 emissions." F inely divided solid or liquid material, with an aerody namic 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 alternate method specified by

the EPA, or by

a test method specified in the approved State Implementation Plan. 24 26

. "Process weight." The total weight of all materials introduced into a source operation including soli d fuels and water. Excluded materials are as follows: Li quids and gases used solely

a s fuels or as a means of conveyance, liquids used as a pollutant removal medium, recycled process materials counted at initial introduction, and air introduced for purpos es of combustion. 25 27

. "Recreational area." Recreational area means:

a. a national, state, county, or city designated park; or b. an outdoor recreational area, such as a golf course or swimming pool, owned by a city, county, or other public agency

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. "Residential area." Residential area means:

a. a group of 20 or more single family dwelling units on contiguous property and having an average density of two or more units per acre, or b. a group of 40 or more single family dwelling units on conti guous property and having an average density of one or more units per acre, orAPC

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c. a subdivision containing at least 20 constructed houses, in which the subdivision plat is recorded in the chancery clerk's office of the appropriate county
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. "Shutdown." The termination of operation of equipment. Relative to fuel

-burning equipment, a shutdown shall be construed to occur only when a unit is taken from a fired to a non

- fired state. 28 30

. "Smoke." S mall gasborne particles resulting from incomplete combustion and consisting predominantly, but not exclusively, of carbon, ash, and other combustible material. 29 31

. "Soot." Aggregated particles consisting mainly of carbonaceous material. 30 32

. "Soot blowing." The removal by mechanical means of accumul ated carbon and/or ash from heat transfer surfaces of an operating fuel

-burning unit. 31 33

. "Standard conditions." S tandard 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 Regulations. 32 34

. "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 3 5

. "Total reduced sulfur, (TRS)" means hydrogen sulfide, mercaptans, dimethy l sulfide, and any other organic sulfides present. 34 36

. "Total suspended particulate." P articulate matter as measured by the method describ ed in Appendix B of 40 CFR 50. 35 37

. "Upset." An unexpected and unplanned condition of operation of the facility in which equipment operates outside of the normal and planned parameters. An upset shall not include a condition of operation caused by improperly

designed equipment, lack of preventive maintenance, careless or improper operation, operator error, or an intentional startup or shutdown of equipment. **SECTION 3. SPECIFIC CRITERIA FOR SOURCES OF PARTICULATE MATTER**  1. Smoke (a) No person shall ca use, permit, or allow the emission of smoke from a point source into the open air from any manufacturing, industrial, commercial or waste disposal process which exceeds forty (40) percent opacity

subject to the exceptions provided in (b) & (c).APC

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- 1, Amended December 11, 2008 , Redline/Strikeout 6 (b) Startup operations may produce emissions which exceed 40% opacity f or up to fifteen (15) minutes per startup in any one hour and not to exceed three (3) startups per stack in any

twenty
- four (24) hour period. (c) Emissions resulting from soot blowing operations shall be permitted provided such emissions do not exceed 60 percent opacity, and provided 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 value of fuel in any

one hour. 2. Equivalent Opacity . No person shall cause, allow, or permit the discharge into the ambient air from any

p oint source or emissions, any air contaminant of such opacity as to obscure an observer's view to a degree in excess of 40% opacity, 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, permit, or allow the emission of particles, or any c ontaminants in sufficient amounts or of such duration from any process as to be injurious to humans, animals, plants, or property, or to be a public 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 unnecessary

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 manner 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 order such corrected in a way

that all air and gases or air and gasborne material leaving the building or equipment are controlled or removed prior to discharge to the open air. 4. Fuel Burning (a) Fossil Fuel Burning. The maximum permissible emission of ash and/or particulate matter from fossil fuel burning installations shall be limited as follows: (1) Emissions from installations of less than 10 million BTU per hour heat input shall not exceed 0.6 pounds per million BTU per hour heat input. (2) Emissions from installations equal to or greater than 10 million BTU per hour heat input but less than 10,000 million BTU per hour heatAPC

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- 1, Amended December 11, 2008 , Redline/Strikeout 7 input shall not exceed an emission rate as determined by the relationship E = 0.8808 * I- 0.1667 where E is the emission rate in pounds per million BTU per hour heat input and Iis the heat input in millions of BTU per hour. (3) Emissions from installations equal to or greater than 10,000 million BTU per hour heat input shall not exceed 0.19 pounds per million BTU per hour heat input. (b) Combination Boilers. Fuel burning operations utilizing 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, to produce steam or heat water or any

other heat transfer medium through indirect means may b e allowed emission rates up to 0 .30 grains per standard dry cubic foot. 5. Kraft Process Recovery B oilers. The emissions of particulate matter from a recovery furnace stack shall not exceed four (4) pounds per ton of equivalent air

- dried Kraft pulp produced at any

given time. 6. Manufacturing Processes. (a) General. Except as otherwise specified, no person shall cause, permit, or allow the emission of particulate matter in total quantities in any one hour from any manufacturing process, which includes any associated stacks, vents, outlets, or combination thereof, in any one hour from any

p oint source, particulate matter in total quantities in excess of to exceed 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 allowed if no nuisance is created beyond the property boundary where the discharge occurs. (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.APC

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- 1, Amended December 11, 2008 , Redline/Strikeout 8 (2) Lime Kilns. The emission of particulate matter from lime kilns shall not exceed one pound per ton of equivalent air

- dried Kraft pulp. (3) Smelt Tanks. The emission of particulate matter from smelt tanks shall not exceed one -half pound per ton of equivalent air

- dried Kraft pulp. 7. Open Burning. The open burning of residential, commercial, institutional, or industrial solid waste, is prohibited. This prohibition does not apply to infrequent burning of agricultural wastes in the field, silvicultural wastes for forest management purposes, land

- clearing debris, debris from emergency c lean

-up operations, and ordnance; and permitted open burning at hazardous waste disposal facilities subject to regulation under Subtitle C of the Federal Resource Conservation and Recovery Act (RCRA). (a) Fires set for the burning of agricultural wastes in the field and/or silvicultural wastes for forest management purposes must meet the following conditions. (1) A Permit must be obtained from the Mississippi Forestry Commission when there is a Forestry C ommission tower serving the area in which the burning occurs

. (2) The open burning must occur within a time period allowing adequate diffusion of air pollutants as defined by the permit and the daily weather guides issued by

the National Weather Forecast Office. (3) Starter or auxiliary fuels may

consist of dried vegetation, petroleum derived fuels of the gasoline, kerosene, or light fuel oil ty pes (diesel), or a combination thereof. U se of or burning of other combustible material that causes excessive visible emission (e.g., rubber tires, plastic materials, etc.) is prohibited. (b) Open burning of land

- clearing debris must not use starter or auxiliary fuels which cause excessive smoke (rubber tires, plastics, etc.); must not be performed if prohibited by l ocal ordinances; must not cause a traffic hazard; must not take place where there is a High Fire Danger Alert declared by the Mississippi Forestry

C ommission 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. (2) Open burning utilizing a forced

- draft air system 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.APC

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- 1, Amended December 11, 2008 , Redline/Strikeout 9 (3) Burning must not occur within 500 yards of commercial airport property, private air fields, or marked off

-runway aircraft approach 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 disposal facility subject to regulation under Subtitle C of RCRA is considered a stationary s ource of air pol lution 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 silvicultural wastes described in 7(a) above, open burning of land

- clearing debris described 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

i s declared by

the Executive Director for the county(ies). Ozone Action Days shall 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, Mississippi 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 from any incinerator, except those specified in paragraph (b) or (c) of this section, or those 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 by volume for products of combustion. This limitation shall apply when the incinerator is operating at design capacity

. The carbon dioxide produced by combustion of any

auxiliary 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 ty pe or its equivalent for emission control. In critical areas where an installation is in close proximity

to a residential area, an incinerator, except those specified in paragraph (b) of this section, or those specified in Section 6 and Section 12, shall be limited 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 incineration of waste material resulting totally

f rom the ginning of cotton shall not obscure an observer's view to a degree in excess of 40% opacity

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- 1, Amended December 11, 2008 , Redline/Strikeout 10 Start

-up operations may

produce emissions which exceed 40% opacity f or 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 specified in paragraph (a) of this section shall also be applicable to cotton gin waste incinerators. (c) The emission limitation in paragraph (a) above do es not apply to afterburners, flares, thermal oxidizers, and other similar devices used to reduce the emission s of air pollutants from processes. 9. Sampling Ports. (a) New Equipment: The owner or operator of any new air pollution control equipment, obtained after May 8, 1970, and vented to the atmosphere, shall have necessary

sampling ports and ease of accessibility

. (b) Existing Equipment: The owner or operator of air pollution control equipment that is in existence prior to May 8, 1970, shall provide the necessary s ampling ports and ease of accessibility when deemed necessary

by the Permit Board. 10. More Restrictive Emission Limits. The Commission 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 power by indirect heat transfer shall not exceed 4.8 pounds (measured as sulfur dioxide) per million BTU heat input. (b) No pers on shall cause or permit the burning of fuel in any f uel burning equipment that results in an average emission of sulfur dioxide from any calendar ye ar at a rate greater than was emitted by s aid fuel burning equipment for the corresponding calendar ye ar 19 70 unless otherwise authorized by

the Commission. Installations under construction on January 25, 1972, are excluded from this requirement. (c) The maximum discharge of sulfur dioxide from any modified fuel burning unit whose generation capacity i s less than 250 million BTU per hour and in which the fuel is burned primarily to produce heat or power by indirect heatAPC

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- 1, Amended December 11, 2008 , Redline/Strikeout 11 transfer shall not exceed 2.4 pounds (measured as sulfur dioxide) per million BTU heat input. F or the purposes of Section 4 of these regulations only, "modification" 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 (a) Except as otherwise provided herein, no person shall cause or permit the emission of gas containing sulfur oxides (measured as sulfur dioxide) in excess of 2,000 ppm (volume) from any process equipment in existence on January 2 5, 1972, or in excess of 500 ppm (volume) from any process equipment constructed after January 2 5, 1972. The 500 ppm (volume) requirement shall apply

f or equipment constructed after January 2 5, 19 72 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 hydrogen sulfide in excess of one grain per 100 standard cubic feet. Ga s streams containing hydrogen sulfide in excess of one grain per 100 standard cubic feet shall be incinerated at temperatures of not less than 1600 oF for a period of not less than 0.5 seconds, or processed in such manner which is equivalent to or more effe ctive 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 ground level concentration of sulfur dioxide as determined by acceptable method or methods will be in compliance with the National Ambient Air Quality Standards for sulfur dioxide. Testing to determine the productive capacity o f new fields shall be exempted from emission limitation provisions of the paragraph of the regulation providing such testing has been previously negotiated and approved by the Mississippi Office of Pollution Control. This regulation shall not apply to sulfur recovery

plants. (c) No person shall cause or permit acid mist emissions from sulfuric acid manufacturing plants to exceed 0.5 pounds/ton of acid produced. S ulfur 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 sulfur oxides, calculated as sulfur dioxide, from a sulfur recovery p lant to exceed 0.12 pounds per pound of sulfur processed.APC

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- 1, Amended December 11, 2008 , Redline/Strikeout 12 (e) No person shall cause or permit emissions of sulfur oxides, calculated as sul fur dioxide, from primary nonferrous smelters, in excess 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 pounds/hour and Y is the allowable sulfur emissions in pounds/hour. (f) Kraft Pulp Mills 1. All mills existing prior to November 1, 1987, and not modified subsequent thereto, excluding mills or facilities subject to New Source Performance Standards, shall control the emission of total reduced sulfur compounds (TRS) so as to not exceed the emission limits set forth below:

a. Straight recovery b oiler systems
- twenty (20) parts per million TRS, expressed as hydrogen sulfide on a dry gas basis corrected to 8% oxygen, on a 12

-hour average basis, except that: i. the International Paper Company, Vicksburg, Mississippi, shall be allowed 40 parts per million TRS, expressed as hydrogen sulfide on a dry gas basis corrected to 8% oxygen, on a 12

-hour average basis, ii. the International Paper Company, Natchez, Mississippi, Recovery

B oilers 4 & 5, shall be allowed 40 parts per million TRS, expressed as hydrogen sulfide on a dry

gas basis corrected to 8% oxygen, on a 12

-hour average basis, and iii. the Georgia

- Pacific Corporation, Monticello, Mississippi, shall be allowed 40 parts per million TRS, expressed 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 million of TRS, expressed as hydro gen sulfide on a dry gas basis corrected to 10% oxygen, on a 12

-hour average basis.APC

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- 1, Amended December 11, 2008 , Redline/Strikeout 13 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 corrected 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 corrected to 10% oxygen, on a 12

-hour average basis. f. Smelt dissolving tank

- 0.016 gram of TRS, expressed as hydrogen sulfide on a dry gas basis, per kilogram of black liquor solids (dry

weight). g. Equivalent control systems (controls for treating collected noncondensible gases in a manner equivalent to incineration in a lime kiln)

- five (5) parts per million TRS, expressed as hydrogen sulfide on a dry gas basis, corrected to the actual oxygen content of the untreated ga s 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 above. Compliance demonstration for recovery b oilers, lime kilns, smelt tanks, and equivalent control systems for collected noncondensible gases shall be by

testing in accordance with EPA Test Method 16 or 16A and submittal of a stack test report. C ompliance demonstration for digester systems, multiple effect evaporator systems and condensate stripper systems shall be by c ertification that these systems are fully

c onnected to a noncondensible gas collection system followed by

incineration in the lime kiln or equivalent control and testing of lime kiln or equivalent control as specified above. A compliance schedule may b e submitted, as set forth below, on any 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, within three (3) months thereafter, submit a schedule for attaining compliance with these limits. The compliance schedule shall not extend past November 1, 1990. C ompliance with emission limits shall be demonstrated by

the methods specified above, as appropriate, no later than the end of the compliance schedule. C ompliance demonstrationAPC

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- 1, Amended December 11, 2008 , Redline/Strikeout 14 for recovery

b oilers, lime kilns, smelt tanks, and equivalent control systems for collected noncondensible gases shall be by testing in accordance with EPA Test Method 16 or 16A and submittal of a stack test report. C ompliance demonstration for digester systems, multiple effect evaporator systems and conden sate stripper systems shall be by certification that these systems are fully c onnected to a noncondensible gas collection system followed by incineration in the lime kiln or equivalent control and testing of lime kiln or equivalent control as specified above. 3. All mills, as defined above, shall monitor the emission of TRS and/or other gas constituents as described below:

a. The TRS emission concentration in recovery boiler flue gas shall be monitored by

either: i. A continuous monitoring device which meets the requirements of 40 CFR 60, Performance Specification 5; or ii. Performance of EPA Method 16 or 16A on no less than a (calendar) quarterly basis. b. The oxygen concentration in recovery b oiler 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 be 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 shall 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 necessary c ontinuous monitoring equipment and begin monitoring by November 1, 1988, or no later than the date of final compliance with the regulation, if compliance is not immediate. F or mills choosing to use EPA Method 16 or 16A for recovery b oiler monitoring, the necessary equipment and/or monitoring capabilit y must be obtained by

F ebruary 1, 1988. Also, when Method 16 or 16A is used, each successive quarter's testing shall be separated from the previous quarter's by a period of not less than sixty (60) days and prior notice to the Mississippi Office of Pollution Control of all testing shall be made.APC

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- 1, Amended December 11, 2008 , Redline/Strikeout 15 All mills, as defined above, shall calculate and record, on a daily basis, the 12

-hour average TRS concentration and O 2 concentration for the two consecutive operating periods of each operating day f or both the recovery

b oiler (if continuously

monitored) and lime kiln. Each 12

-hour average shall be determined as the arithmetic mean of the appropriate 12 continuous 1

-hour average concentrations. Each 12

-hour average TRS concentration 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 forty

- five (45) days following the end of the calendar quarter. **SECTION 5. SPECIFIC CRITERIA FOR SOURCES OF CHEMICAL EMISSIONS**  1. Fluorides. No person shall all ow the emission of 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 fluorides shall be calculated by multiplying the unit emission, specified above, times the expressed design pro duction capacity of the installation or plant. 2. Miscellaneous Chemical Emissions. No person shall cause, permit, or allow the emission of toxic, noxious, or deleterious substances, in addition to those considered in these regulations, into the ambient air in concentrations sufficient to affect human health and well

-being, or unreasonably interfere with the enjoy

ment of property

or unreasonably

and adversely

affect plant or animal life beyond the boundaries of the property containing the air pollution s ource. **SECTION 6. NEW SOURCES**  The provisions of this section apply to the owner or operator of any s ource 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 operating practices in accordance with best current technology

. I n no case shall emissions exceed the limits set forth in any

a pplicable Federal Standard of Performance for New Stationary Sources.APC

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- 1, Amended December 11, 2008 , Redline/Strikeout 16

2. Other Limitations. The Mississippi Pollution Control Permit Board, in accordance with Commission Regulation APC

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- 2, may require more stringent emission limitations which it deems necessary to meet applicable national primary and secondary ambient air quality

standards, necessary

to insure that ambient air pollution concentrations do not exceed ambient air increments or violate other requirements under Federal Prevention of Significant Deterioration (PSD) regulations promulgated by the U.S. Environmental Protection Agency a s of August 23, 1989, pursuant to Section 160 through 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 New Source Performance Standards are those duly

promulgated by

the U.S. Environmental Protection Agency in (or to be printed in) 40 C.F.R

. Part 60, pursuant to Section 111 of the Federal Clean Air Act, as amended, and Consolidated Federal Air Rule provisions duly promulgated 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 Agency as of September 15, 2006 October 3 , 200 8 , are incorporated herein and adopted by

reference by

the Commission as official regulations of the State of Mississippi and shall hereafter be enforceable as such (except the word "Administrator" in said standards and general implementing regulations shall be replaced by

the words "Executive Director" and the word "Agency" shall be replaced by the word "Department".) H ereafter, any f acility subject to the Federal New Source Performance Standards shall comply with the emission limitations and other requirements of said standards. 4. Additional Requirements for Infectious Waste Incineration.

a. Infectious waste incinerators which incinerate only those wastes generated on- site and are installed after December 9, 1993, shall comply with the following: i. Daily

records shall be kept of the times of operation, quantity o f wastes incinerated and the temperature of the secondary chamber which temperature shall be monitored c ontinuously

. Records shall be maintained on hand for at least two (2) years. ii. Only

wastes generated on- site may b e incinerated. D isposal of wastes from off

- site shall cause the incinerator to be classified as a commercial incinerator and, therefore, subject to the requirements applicable to such units. b. Commercial Incinerators. F or purposes of this regulation, a commercial incinerator is any

infectious waste incinerator that incinerates wastes other than or in addition to wastes generated on- site. A commercial infectiousAPC

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- 1, Amended December 11, 2008 , Redline/Strikeout 17 waste incinerator installed or modified after December 9, 1993, shall comply with the following: i. A manifest system, including a detailed description of the waste collection and transportation system shall be employed. D aily records shall be kept of the times of incinerator operation, quantity o f wastes incinerated and temperature of the secondary chamber which temperature 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

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- 2, establish more stringent requirements for emissions, operating parameters, monitoring, and recordkeeping subject to the provisions of Miss. Code Ann. 49

- 17

- 34(2) and (3). **SECTION 7. EXCEPTIONS**  If any s ingle source of emission or combination of sources of emissions is found to compromise the ambient air quality in the State, beyond the limitations set forth in any nati onal primary

and secondary

ambient air quality

standards now or hereafter established by the Administrator of the Environmental Protection Agency pursuant to the Clean 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 Commission on Environmental Quality may require such further reduction in emission from this or these sources as is necessary

to obtain compliance with said national primary and secondary ambient air quality

standards. **SECTION 8. PROVISIONS FOR HAZARDOUS AIR POLLUTANTS**  1. Hazardous Air Pollutant Emission Standards Hazardous air pollutant emission standards are National Emission Standards for Hazardous Air Pollutants duly promulgated by the U. S. Environmental Protection Agency in (or to be printed in) 40 C.F.R. Part 61 pursuant to Section 112 of the Federal Clean Air Act, as amended; National Emission Standards for Hazardous Air Pollutants for Source Categories duly promul gated by

the U.S. Environmental Protection Agency

in (or to be printed in) 40 C.F.R. Part 63 pursuant to Section 112 of the Federal Clean Air Act, as amended; and Consolidated Federal Air Rule provisions duly

promulgated 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 Agency as of September 15, 2006 October 3 , 2008 , are incorporated herein and adopted by reference by

the Commission as official regul ations of the State of Mississippi and shall hereafter be enforceable as such (except the word "Administrator" in said standards and general implementing regulations shall be replaced by the words "Executive Director" and the wordAPC

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- 1, Amended December 11, 2008 , Redline/Strikeout 18 "Agency" shall be replace d by the word "Department"). H ereafter, any f acility subject to the National Emission Standards for Hazardous Air Pollutants and/or the National Emission 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 Pollutants; Compliance Extensions for Early Reductions. The National Emission Standards for Hazardous Air Pollutants: Compliance Extensions for Early

Reductions are regulations duly promulgated by

the U.S. Environmental Protection Agency in (or to be printed in) 40 C.F.R. Part 63 pursuant to Section 112 of the Federal Clean Air Act, as amended. All such regulations promulgated by

the U.S. Environmental Protection Agency are incorporated herein and adopted by

reference by

the Commission as official regulations of the State of Mississippi and shall hereafter be enforceable as such. 3. Case by

Case Maximum Achievable Control Technology Requirements The Mississippi Po llution Control Permit Board, in accordance with Commission Regulation APC

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- 6, may require emissions limitations necessary to meet case by case maximum achievable control technology ( "MACT") requirements in accordance with Section 112(j) and (g) of the Fe deral Act. 4. Mercury

Emissions from Electric Utilities. Mercury emissions from electric utilities are regulated in accordance with the Emission Guidelines for the Control of Mercury Emissions from Coal

- Fired Electric Steam Generating Units promulgated by the U.S. Environmental Protection 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. Environmental Protection Agency

a s of September 15, 2006 October 3 , 2008 , are incorporated herein and adopted by

reference by

the Commission as official regulations of the State of Mississippi and shall hereafter be enforceable as such, except for the changes noted in (a) and (b). Hereafter, any f acility subject to the Federal Emission Guidelines shall comply with all applicable requirements of the regulation. (a) The phrase " permitting authority" shall mean " Mississippi Environmental Quality P ermit Board " except when used in the definitions of " Allocate or allocation " and " Hg allowance " in 40 CFR 60.4102. (b) The permitting authority will allocate mercury

allowances in accordance with the procedures outlined in 40 CFR 60.4142 and by the dates specified in 40 CFR 60.4141

. **SECTION 9. STACK HEIGHT CONSIDERATIONS** APC

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- 1, Amended December 11, 2008 , Redline/Strikeout 19

1. De finitions (a) "Emission limitation" and "emission standard." A requirement established which limits the quantity, rate, or concentration of emissions of air pollutants on a continuous basis, including any requirements which limit the level of opacity, prescribe equipment, set fuel specifications, or prescribe operation or maintenance procedures for a source to assure continuous emission reduction. (b) "Stack." Any

p oint in a source designed to emit 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 to 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 attempts to affect the concentration of a pollutant in the ambient air by u sing that portion of a stack which exceeds good engineering practice stack height, varying the rate of emission of a pollutant according to atmospheric conditions or ambient concentrations of that pollutant, or increasing final exhaust gas plume rise by manipulating source process parameters, exhaust gas parameters, stack parameters, or combining 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 preceding 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 stream: (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 merged gas streams; (ii) Af

ter July 8, 1985, such merging is part of a change in operation at the facility that includes the installation of pollution controls and is accompanied by a net reduction in the allowable emissions of a pollutant. This exclusion fromAPC

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- 1, Amended December 11, 2008 , Redline/Strikeout 20 the definition of "di spersion techniques" shall apply only to the emission limitation 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 emissi ons control equipment or was carried out for sound economic or engineering reasons. Where there was an increase in the emission limitation or, in the event that no emission limitation was in existence prior to the merging, an increase in the quantity

o f p ollutants actually

emitted prior to the merging, the reviewing agency shall presume that merging was significantly

motivated by

an intent to gain emissions credit for greater dispersion. Absent a demonstration by the source owner or operator that merging was not significantly 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 woodburning and open burning; or (5) Techniques under Paragraph 9.1(d) which increase final exhaust gas plume rise where the resulting allowable emissions of sulfur 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 elevation 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 preconstruction permits or approvals required, H g = 2.5 H, provided the owner or operator produces evidence that this equation was actually relied on in establishing an emission limitation; (ii) For all other stacks,

Hg = H + 1.5L, where Hg = good engineering practice stack height, measured from the ground

- level elevation at the base of the stack,APC

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- 1, Amended December 11, 2008 , Redline/Strikeout 21
H = height of nearby

structure(s) measured from the ground

- level elevation at the base of the stack, and L = lesser dimension (height or projected width) of nearby structure(s), provided that the U. S. Environmental Protection Agency 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 field study approved by the U. S. Environmental Protection Agency or the Commission, which ensures that the emissions from a stack do not result in excessive concentrations of any air pollutant as a result of atmospheric downwash, wakes, or eddy e ffects 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 portion of a terrain feature may

be considered to be nearby which falls within a distance 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 is at least 40 percent of the GEP stack height determined by

the formulae provided 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 base o f the stack. The height of the structure or terrain feature is measured from the ground

- level elevation at the base of the stack. (g) "Excessive concentration." F or the purpose of determining good engineering practice stack height under Paragraph 9.1(e )(3), excessive concentration means: (1) For sources seeking credit for stack height exceeding that established under Paragraph 9.1(e)(2), a maximum ground

- level concentrationAPC

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- 1, Amended December 11, 2008 , Redline/Strikeout 22 due to emissions from a stack due in whole or part to downwash, wakes, and eddy effects produced by nearby structures or nearby terrain features which individually is at least 40 percent in excess of the maximum concentration experienced in the absence of such downwash, wakes, or eddy e ffects and which contributes to a total concentration due to emissions from all sources that is greater than an ambient air quality

standard. F or sources subject to the Prevention of Significant Deterioration program, an excessive concentration alternatively

means a maximum ground

- level concentration d ue to emissions from a stack due in whole or part to downwash, wakes, or eddy e ffects produced by

nearby structures or nearby

terrain features which individually

i s at least 40 percent in excess of the maximum concentration experienced in the absence of such downwash, wakes, or eddy e ffects and greater than a prevention of significant deterioration increment. The allowable emission rate to be used in making demon strations under this part shall be prescribed by t he new source performance standard that is applicable to the source category unless the owner or operator demonstrates that this emission rate is infeasible. Where such demonstrations are approved by the U. S. Environmental Protection Agency or the Commission, an alternative emission rate shall be established in consultation with the source owner or operator. (2) For sources seeking credit after October 11, 1983, for increases in existing stack heights up to the heights established under Paragraph 9.1(e)(2), either a maximum ground

- level concentration due in whole or part to downwash, wakes, or eddy e ffects as provided in Paragraph 9.1(g)(1) of this section, except that the emission rate specified by

the State 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 existing stack, as determined by the Commission, and (3) For sources seeking credit after January 12, 1979, for a stack height determined under Paragraph 9.1(e)(2) where the U. S. Environmental Protection Agency

or the Commission requires the use 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 aerody namic influence of cooling towers, and for sources se eking stack height credit after December 31, 1970, based on the aerody namic influence of structures not adequately represented by

the equations in Paragraph 9.1(e)(2), a maximum ground

- level concentration due in whole or part to downwash, wakes, or eddy ef fects that is at least 40 percent in excess of the maximum concentration experienced in the absence of such downwash, wakes, or eddy effects.APC

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- 1, Amended December 11, 2008 , Redline/Strikeout 23

2. Stack Height Effect on Emission Limitations (a) The degree of emission limitation required of any s ource 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 dispersion technique, except as provided in (b) of this paragraph. (b) The provisions of Paragraph 9.2(a) shall not apply to stack heights in existence, or dispersion techniques implemented, prior to December 31, 1970, except where pollutants are being emitted from such stacks or using such dispersion techniques by s ources, as defined in Section 111(a)( 3) of the Clean Air Act, which were constructed, or reconstructed or for which major modifications, as defined pursuant to Section 6, New Sources, were carried out after December 31, 1970. (c) If any

existing source, after appropriate application of the preceding limitations and provisions, is found to exceed or potentially exceed an air quality standard or increment, as appropriate, when operating within previously

e stablished 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 appropri ate, when considered as operating under emission limitations consistent with other Applicable Rules and Regula tions, the emission limitations considered shall be deemed inadequate and different emission limits, based on air quality c onsiderations, shall b e made applicable. (e) If any

s ource provides a field study or fluid modeling 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

and provi ded the opportunity f or a public hearing before any new or revised emission limitation or permit is approved. (f) The actual stack height used or proposed by a s ource shall not be restricted in any manner by

requirements of this paragraph. **SECTION 10.**  **PRO VISIONS FOR UPSETS, STARTUPS, AND SHUTDOWNS**  1. Upsets (a) The occurrence of an upset as defined in Section 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 s ignedAPC

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- 1, Amended December 11, 2008 , Redline/Strikeout 24 contemporaneous operating logs, or other relevant evidence that include information as follows: (1) an upset occurred and that the source can identify the c ause(s) of the upset; (2) the source was at the time being properly operated; (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 a pplicable 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 description of the upset, any steps taken to mitigate emissi ons, and corrective actions taken. (b) Inany

enforcement proceeding, the source seeking to establish the occurrence of an upset has the burden of proof. (c) This provision is in addition to any u pset provision contained in any applicable requirement. 2. Startups and Shutdowns (a) Startups and shutdowns are part of normal source operation. Emissions limitations applicable to normal operation apply d uring startups and shutdowns except as follows: (1) when sudden, unavoidable breakdowns occur during a startup or shutdown, the event may b e classified as an upset subject to the requirements above; (2) when a startup or shutdown is infrequent, the duration of excess emissions is brief in each event, and the design of the source is such that the period o f 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 and Regulations or any

applicable permit

.APC

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- 1, Amended December 11, 2008 , Redline/Strikeout 25 (b) Inany

enforcement proceeding, the source seeking to establish the applicability

o f any exception during a startup or shutdown has the burden of proof. (c) Inthe event this startup and shutdown provision conflicts with another applicable requirement, the more stringent requirement shall apply

. 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 that is necessary to prevent or minimize emergency c onditions or equipment malfunctions constitutes an affirmative defense to an enforcement action brought for noncompliance with emission standards, or other regulatory requirements if the source can demonstrate the following: (1) the source can identify the need for the maintenance; (2) the source was at the time being properly operated; (3) during the maintenance 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 maintenance to the DEQ within 5 working days of the time the maintenance began or such other times as allowed by

DEQ; and (5) the notice shall contain a description of the maintenance, any s teps taken to mitigate emissions, and corrective actions taken. (b) Inany

enforcement proceeding, the source seeking to establish the applicability

of this section has the burden of proof. (c) Inthe event this maintenance provision conflicts with another applicable requirement, the more stringent requirement shall apply

. **SECTION 11. SEVERABILITY**  If any provision, section, subsection, sentence, clause or phrase of any o f these regulations, or the application of same to any p erson or set of circumstances is for any reason challenged or held to be invalid or void, the validity o f the remaining regulations and/or portions thereof or their application to other persons or sets of circumstances shall not be affected thereby

.APC

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- 1, Amended December 11, 2008 , Redline/Strikeout 26

**SECTION 12.**  **PROVISIONS FOR**  **EXISTING HOSPITAL/MEDICAL/INFECTIOUS** 

**WASTE INCINERATORS** 1. Applicability

. (a) Except as provided in subparagraphs (b) through (h) of this paragraph, the des ignated or affected facility to which Section 12 applies is each individual hospital/medical/infectious waste incinerator (HMIWI) for which construction was commenced on or before June 20, 1996. (b) A combustor is not subject to Section 12 of these regulations during periods when only

p athological waste, low

- level radioactive waste, and/or chemotherapeutic waste is burned, provided the owner or operator of the combustor: (1) Notifies the Department of an exemption claim; and (2) Keeps records on a calendar quarter basis of the periods of time when only p athological waste, low

- level radioactive waste, and/or chemotherapeutic waste is burned. (c) Any

c o - fired combustor is not subject to Section 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 wastes to be combusted; and (3) Keeps records on a calendar quarter ba sis of the 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

c ombustor required to have a permit under Section 3005 of the Solid Waste Disposal Act is not subject to Section 12 of these regulations. (e) Any

c ombustor which meets the applicability requirements in standards or guidelines for certain municipal waste combustors under Subpart Cb, Ea, or Eb of 40 C.F.R. 60 is not subject to Section 12 of the se regulations. (f) Any

py rolysis unit is not subject to Section 12 of these regulations. (g) Cement kilns firing hospital waste and/or medical/infectious waste are not subject to Section 12 of these regulations.APC

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- 1, Amended December 11, 2008 , Redline/Strikeout 27 (h) Physical or operational changes made to an existing HMIWIunit solely for the purpose of complying with Section 12 of these regulations are not considered a modification and do not result in an existing HMIWIunit becoming subject to the new source provisions under Section 6 of these regulations and Subpart Ec of 40 C.F.R. 60. (i) Each existing HMIWIi s subject to the permitting requirements in Air Emissions Operating Permit Regulations for the Purposes of Title V of the Federal Clean Air Act, APC

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- 6. E ach owner and operator of an existing HMIWIshall submit an application for a Title V permit to the Department by December 15, 1999. (j) Beginning September 15, 2000, designated facilities subject to Section 12 of these regulations shall operate pursuant to a permit issued under Air Emission s Operating Permit Regulations for the Purposes of Title V of the Federal Clean Air Act, APC

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- 6. 2. For the purpose of the requirements in Section 12 of these regulations, the following definitions apply : (a) "Administrator of EPA" means the Administrator of the United States Environmental Protection Agency or his authorized representative. (b) "Batch HMIWI " means an HMIWIthat is designed such that neither waste charging nor ash removal can occur during combustion. (c) "Biologicals" means preparation s made from living organisms and their products, including vaccines, cultures, etc., intended for use in diagnosing, immunizing, or treating humans or animals or in research pertaining thereto. (d) "Blood Products" means any product derived from human blo od, including but not limited to blood plasma, platelets, red or white blood corpuscles, and other derived licensed products, such as interferon, etc. (e) "Body

F luids" means liquid emanating or derived from humans and limited to blood; dialysate; amniotic, cerebrospinal, sy novial, pleural, peritoneal and pericardial fluids; and semen and vaginal secretions. (f) "By

pass stack" means a device used for discharging combustion gases to avoid severe damage to the air pollution control device or other equipment. (g) "Chemotherapeutic waste" means waste material resulting from the production or use of antineoplastic agents used for the purpose of stopping or reversing the growth of malignant cells.APC

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- 1, Amended December 11, 2008 , Redline/Strikeout 28 (h) "Co

- fired combustor" means a unit combusting hospital 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 is comprised, in aggregate, of hospital waste and medical/infectious waste as measured on a calendar quarter basis. F or purposes of this definition, pathological waste, 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 HMIWIthat is designed to allow waste charging and ash removal during combustion. (k) "Dioxins/furans" means the combined emissions of tetra
- through octa
chlorinated dibenzo

-para- dioxins and dibenzofurans, as measured by EPA Reference Method 23. (l) "Dry

s crubber" means an add

- on air pollution control system that injects dry alkaline sorbent (dry

injection) or sprays an alkaline sorbent (spray dryer) to react with and neutralize acid gases in the HMIWIexhaust stream forming 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 emissions by passing flue gas through filter bags. (n) "Facilities manager" means the individual in charge of purchasing, maintaining, and operating the HMIWIor the owner ’ s or operator ’ s representative responsible for the management of the HMIWI . Alternative titles may

include Director of Facilities or Vice President of Support Services. (o) "High

- air pha se" means the stage of the batch operating cycle when the primary chamber reaches and maintains maximum operating temperatures. (p) "Hospital" means any f acility which has an organized medical staff, maintains at least six inpatient beds, and where the primary f unction of the institution is to provide diagnostic and therapeutic patient services and continuous nursing care primarily

to human inpatients who are not related and who stay on average in excess of 24 hours per admission. This definition does not include facilities maintained for the sole purpose of providing nursing orAPC

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- 1, Amended December 11, 2008 , Redline/Strikeout 29 convalescent care to human patients who generally are not acutely

i ll but who require continuing medical supervision. (q) "Hospital/medical/infectious waste incinerator or HMIWIor HMIWIunit" means any

device that combusts any amount of hospital waste and/or medical/infectious waste. (r) "Hospital/medical/infectious waste incinerator operator or HMIWI operator" means any

p erson who operates, controls, or supervises the 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 hospital waste does not include human corpses, remains, and anatomical parts that are 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 in body tissues and capable of causing disease or adverse health impacts in humans. (u) "Intermittent HMIWI " means an HMIWIthat is designed to allow waste charging, but not ash removal, during combustion. (v) "Large HMIWI" means: (1) Except as provided in subparagraph (2); (i) An HMIWIwhose maximum design waste burning capacity is more than 500 pounds per hour; or (ii) A continuous or intermittent HMIWI whose maximum charge rate is more that 500 pounds per hour; or (iii) A batch HMIWIwhose maximum charge rate is more that 4,000 pounds per day

. (2) The following are not large HMIWI : (i) A continuous or intermittent HMIWI whose maximum charge rate is less than or equal to 500 pounds per hour; or (ii) A batch HMIWIwhose maximum charge rate is less than or equal to 4,000 pounds per day

. (w) "Low

- level radioactive waste" means waste materi al which contains radioactive nuclides emitting primarily beta or gamma radiation, or both, inAPC

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- 1, Amended December 11, 2008 , Redline/Strikeout 30 concentrations or quantities that exceed applicable Federal or State standards for unrestricted release. Low - level radioactive waste is not high

- level radioactive waste, spent nuclear fuel, or by

-product material as defined by t he 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 equipment, or a process to operate in a normal or usual manner. F ailures that are caused, in part, by p oor maintenance or careless operation are not malfunctions. During periods 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 first. (y ) "Maximum charge rate" means: (1) For continuous and intermittent HMIWI , 110 percent of the lowest 3

- hour average charge rate measured during the most recent performance test demonstrating compliance with all applicable emission limits. (2) For batch HMIWI , 110 percent of the lowest daily charge rate measured during the most recent performance test demonstrating compliance with all applicable emission limits. (z) "Maximum design waste burning capacity" means: (1) For intermittent and continuous HMIWI ,

Where: C = HMIWIcapacity, lb/hr PV = primary

chamber volume, ft3 15,000 = primary

chamber heat release rate factor, Btu/ft3 /hr 8,500 = standard waste heating value, Btu/lb; (2) For batch HMIWI , 

### C PV   15 000 8 500 ,

,

C PV   4 5 8 .APC

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- 1, Amended December 11, 2008 , Redline/Strikeout 31

Where: C = HMIWIcapacity, lb/hr PV = primary

chamber volume, ft3 4.5 = waste density, lb/ft; 8 = ty pical hours of operation of a batch HMIWI , hours. (aa) "Maximum fabric filter inlet temperature" means 110 percent of the lowest 3

- hour average temperature at the inlet to the fabric filter (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 percent of the lowest 3

-hour average temperature at the outlet from the wet scrubber (taken, 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 generated in the diagnosis, treatment, or immunization of human beings or animals, in research 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 waste does not include ash from incineration of medical/infectious waste, once the incineration process has b een completed; human corpses, remains, and anatomical parts that are intended for interment or cremation; and domestic sewage materials, hazardous waste, and household waste identified, listed, or defined in Part 261 of Mississippi Hazardous Waste Management Regulations. (1) Cultures and stocks of infectious agents and associated biologicals, including: cultures from medical and pathological laboratories; cultures and stocks of infectious agents from research and industrial laboratories; wastes from the production of biologicals; discarded live and attenuated vaccines; and culture dishes and devices used to transfer, inoculate, and mix cultures. (2) Human pathological waste, including tissues, organs, and body p arts and body fluids that are removed during surgery or autopsy, or other medical procedures, and specimens of body f luids and their containers. (3) Human blood and blood products including:APC

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- 1, Amended December 11, 2008 , Redline/Strikeout 32 (i) Li quid waste human blood; (ii) Products of blood; (iii) Items saturated and/or dripping with human blo od; 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 and 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 patient care or treatment or in medical, research, or industrial laboratories, including hy podermic needles, sy

ringes (with or without the attached needle), Pasteur pipettes, scalpel blades, blood vials, needles with attached tubing, and culture dishes (regardless of presence of infectious agents). Also included are other ty pes of broken or unbroken glassware that were in contact with infectious agents, such as used slides and cover slips. (5) Animal waste including contaminated animal carcasses, body parts, and bedding of animals that were known to have been exposed to infectious agents d

uring research (including research in veterinary hospitals), production of biologicals or testing of pharmaceuticals. (6) Is olation wastes including biological waste and discarded materials contaminated with blood, excretions, exudates, or secretions from humans who are isolated to protect others from certain highly communicable diseases, or isolated animals known to be infected with highly

communicable diseases. (7) Unused sharps including the following unused, discarded sharps: hy podermic needles, suture needles, sy ringes, and scalpel blades. (dd) "Medium HMIWI " means: (1) Except as provided in subparagraph (2); (i) An HMIWIwhose maximum design waste burning capacity is more than 200 pounds per hour but less than or equal to 500 pounds per hour; orAPC

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- 1, Amended December 11, 2008 , Redline/Strikeout 33 (ii) A continuous or intermittent HMIWI whose maximum charge rate is more than 200 pounds per hour but less than or equal to 500 pounds per hour; or (iii) A batch HMIWIwhose maximum charge rate is more than 1,600 pounds per day

but less than or equal to 4,000 pounds per day

. (2) The following are not medium HMIWI : (i) A continuous or intermittent HMIWI whose maximum charge rate is less than or equal to 200 pounds per hour or more than 500 pounds per hour; or (ii) A batch HMIWIwhose maximum charge rate is more than 4,000 pounds per day

or less than or equal to 1,600 pounds 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 d

uring the most recent performance test demonstrating compliance with the dioxin/furan emission limit. (ff) "Minimum Hg sorbent flow rate" means 90 percent of the highest 3

-hour average Hg sorbent flow rate (taken, at a minimum, once every hour) measured d

uring the most recent performance test demonstrating compliance with 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 demonstrating compliance with the HCl emission limit. (hh) "Minimum horsepower or amperage" means 90 percent 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 most recent performance test demonstrating compliance with the PM emission limit. (jj) "Minimum scrubber liquor flow rate" means 90 percent of the highest 3

-hour average liquor flow rate at the inlet to the wet scrubber (taken, at a minimum,APC

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- 1, Amended December 11, 2008 , Redline/Strikeout 34 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 demonstrating 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) measured during the most recent performance test demonstrating compliance with the PM, CO, or dioxin/furan emission limits. (mm) "Modification or Modified HMIWI " means any change to an HMIWIunit 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 l and purchased in connection with such construction or installation) updated to current costs, or (2) The change involves a physical change in or change 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 established 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 waste is combusted in the incinerator excluding periods of startup or shutdown. (pp) "Particulate matter or PM" means the total particulate matter emitted from an HMIWIa s measured by

EPA Reference Method 5 or EPA Reference Method 29. (qq) "Pathological waste" means waste material consisting 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 (if applicable). (rr) "Primary

chamber" means the chamber in an HMIWIthat receives waste material, in which the waste is ignited, and from which ash is removed.APC

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- 1, Amended December 11, 2008 , Redline/Strikeout 35 (ss ) "Py

rolysis" means the endothermic gasification of hospital waste and/or medical/infectious waste using external energy

. (tt) "Secondary

chamber" means a component of the HMIWIthat receives combustion gases from the primary chamber and in which the combustion process is completed. (uu) "Shutdown" means the period of time after all waste has been combusted in the primary

chamber. F or continuous HMIWI , shutdown shall commence no less than 2 hours after the last charge to the incinerator. F or intermittent HMIWI , shutdown shall commence no less than 4 hours after the last charge to the incinerator. F or batch HMIWI , shutdown shall commence no less than 5 hours after the high

- air phase of combustion has been completed. (vv) "Small HMIWI " means: (1) Except as provided in subparagraph (2); (i) An HMIWIwhose maximum design waste burning capacity is less than or equal to 200 pounds per hour; or (ii) A continuous or intermittent HMIWI whose maximum charge rate is less than or equal to 200 pounds per hour; or (iii) A batch HMIWIwhose maximum charge rate is less than or equal to 1,600 pounds per day

. (2) The following are not small HMIWI : (i) A continuous or intermittent HMIWI whose maximum charge rate is more than 200 pounds per hour. (ii) A batch HMIWIwhose maximum charge rate is more than 1,600 pounds per day

. (ww) "Standard conditions" means a temperature of 20 C and a pre s sure o f 1 0 1

. 3 kilopascals. (xx) "Standard Metropolitan Statistical Area or SMSA" means any areas listed in OMB Bulletin No. 93

- 17 entitled "Revised Statistical Definitions for Metropolitan Areas" dated June 30, 1993. (y y) "Startup" means the period of time between the activation of the system and the first charge to the unit. F or batch HMIWI , startup means the period of time between activation of the system and ignition of the waste.APC

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- 1, Amended December 11, 2008 , Redline/Strikeout 36 (zz) "Wet scrubber" means an add

- on air pollution control device that utilizes an alkaline scrubbing liquor to collect particulate matter (including 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 atmosphere from that affected facility

any gases that contain stack emissions in excess of the limits presented in Table 1 of thi s paragraph. (b) The emission limits in Table 2 shall apply to any small HMIWIwhich is located more than 50 miles from the boundary o f 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. (c) No owner or operator of an affected facility shall 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).APC

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- 1, Amended December 11, 2008 , Redline/Strikeout 37

**TABLE 1. EMISSION LIMITS FOR SMALL, MEDIUM, AND LARGE HMIWI** 

**Pollutant Units (7 percent oxygen, dry**  **basis) Emission Limits**  **HMIWI Size Small**  **Medium Large**  Particul ate 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%APC

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- 1, Amended December 11, 2008 , Redline/Strikeout 38 **TABLE 2. EMISSION LIMITS FOR SMALL RUR** **AL 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 p er 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 p er 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) Comp liance with the requirements of this paragraph shall occur no later than September 15, 2000. (b) No owner or operator of an affected facility shall allow the affected facility to operate at any

time unless a fully

trained and qualified HMIWIoperator is accessible, either at the facility or available within 1 hour. The trained and qualified HMIWIoperator may operate the HMIWI directly or be the direct supervisor of one or more HMIWIoperators. (c) Operator training and qualification shall be obtained through a State

approved program that meets the requirements included in subparagraphs (d) through (k) of this paragraph.APC

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- 1, Amended December 11, 2008 , Redline/Strikeout 39 (d) Training shall be obtained by c ompleting an HMIWIoperator training course that includes, at a minimum, the following provisions: (1) 24 hours of training on the following subjects: (i) Environmental concerns, including pathogen destruction and ty pes of emissions; (ii) Basic combustion principles, including products of combustion; (iii) Operation of the ty pe of incinerator to be used by t he operator, including proper startup, waste charging, and shutdown procedures; (iv) Combustion controls and monitoring; (v) Operation of air pollution control equipment and factors affecting performance (if applicable); (vi) Methods to monitor pollutants (continuous emission monitoring systems and monitoring of HMIWIand air pollution control device operating parameters) and equipment calibration procedures (where applicable); (vii) In spection and maintenance of the HMIWI , air pollution control devices, and continuous emission monitoring systems; (viii) Actions to correct malfunctions or conditions that may l ead to malfunction; (ix) Bottom and fly

ash characteristics and handling 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.APC

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- 1, Amended December 11, 2008 , Redline/Strikeout 40 (e) Qualification shall be obtained by : (1) Completion of a training course that satisfies the criteria under subparagraph (d) of this paragraph; and (2) Either 6 months experience as an HMIWIoperator, 6 months experience as a direct supervisor of an HMIWI operator, or completion of at least two burn cycles under the observation of two qualified HMIWIoperators. (f) Qualification is valid from the date on which the examination is passed or the completion of the required experience, whichever is later. (g) To maintain qualification, the trained and qualified HMIWIoperator 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 shutdown procedures; (3) In spection and maintenance; (4) Responses to malfunctions or conditions that may l ead 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 HMIWIoperator shall complete and pass a standard annual refresher course described in subparagraph (g) of this paragraph above. (2) For a lapse of 3 ye ars or more, the HMIWIoperator 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 shall maintain documentation at the facility

that address the following: (1) Summary

o f the applicable standards under Section 12 of these regulations; (2) Description of basic combustion theory applicable to an HMIWI ;APC

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- 1, Amended December 11, 2008 , Redline/Strikeout 41 (3) Procedures for receiving, handling, and charging waste; (4) HMIWIstartup, shutdown, and malfunction procedures; (5) Procedures for maintaining proper combustion air supply levels; (6) Procedures for operating the HMIWIand associated air pollution control systems within the standards established under Section 12 of these regulations; (7) Procedures for responding to periodic malfunction or conditions that may lead to malfunction; (8) Procedures for monitoring HMIWIemissions; (9) Reporting and recordkeeping procedures; and (10) Procedures for handling ash. (j) The owner or operator of an affected facility shall establish a program for reviewing the information listed in subparagraph (i) of this paragraph annually with each HMIWIoperator. (1) The initial review of the information listed in subparagraph (i) of this paragraph shall be conducted by M arch 15, 2000, or prior to assumption of responsibilities affecting HMIWI operation, whichever 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 this paragraph shall be kept in a readily accessible location for all HMIWIoperators. This information, along with records of training shall be available for inspection by the Department 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 feasibility

and the approach to separate certain components of solid waste from the health care waste stream in order to reduc e the amount of toxic emissions from incinerated waste. Awaste management plan may

include, but is not limited to, elements such as paper, cardboard, plastics, glass, battery, or metal recycling; or purchasing recycled or recyclable products. Awaste management plan may include different goals or approaches for different areas or departments of the facility a nd need not include newAPC

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- 1, Amended December 11, 2008 , Redline/Strikeout 42 waste management goals for every waste stream. It should identify, where possible, reasonably

available additional waste management measures, taking into account the effectiveness of waste management measures already in place, the costs of additional measures, the emission reductions expected to be achieved, and any other environmental or energy impacts they

might have. The American Hospital Association publication entitled "An Ounce of Prevention: Waste Reduction Strategies for Health Care Facilities" shall be considered in the development of the waste management plan. 6. In spection Guidelines. (a) The requirements of this paragraph apply to any small HMIWIsubject to the emission limits in Table 2 of paragraph 3 in Section 12 of these regulations. (b) No later than September 15, 2000 and annually thereafter (no more than 12 months following the previous annual equipment in spection) an equipment inspection shall be performed. (1) At a minimum, an inspection shall include the following: (i) In spect all burners, pilot assemblies, and pilot sensing devices for proper operation; clean pilot flame sensor, as necessary; (ii) En sure proper adjustment of primary and secondary

chamber combustion air, and adjust as necessary; (iii) In spect hinges and door latches, and lubricate as necessary; (iv) In spect dampers, fans, and blowers for proper operation; (v) In spect HMIWIdoor and door gaskets for proper sealing; (vi) In spect motors for proper operation; (vii) In spect primary

chamber refractory

l ining; clean and repair/replace lining as necessary; (viii) In spect incinerator shell for corrosion and/or hot spots; (ix) In spect secondary /tertiary chamber and stack, clean as necessary; (x) In spect mechanical loader, including limit switches, for proper operation, if applicable;APC

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- 1, Amended December 11, 2008 , Redline/Strikeout 43 (xi) Visually

inspect waste bed (grates), and repair/seal, as appropriate; (xii) For the burn cycle that follows the inspection, document that the incinerator is operating properly and make any

necessary adjustments; (xiii) In spect air pollution control devices(s) for proper operation, if applicable; (xiv) In spect waste heat boiler systems to ensure proper operation, if applicable; (xv) In spect by

pass stack components; (xvi) Ensure proper calibration of thermocouples, sorbent feed systems, and any

other monitoring equipment; and (xvii) Generally

observe that the equipment is maintained in good operating c ondition. (2) Within 10 operating days following an equipment inspection, all necessary repairs shall be completed unless the owner or operator obtains written approval from the Department establishing a date whereby all necessary

repairs of the designate d facility shall be completed. 7. Compliance and Performance Testing. (a) The emission limits under paragraph 3 in Section 12 of these regulations shall apply at all times except during periods of startup, shutdown, or malfunction, provided that no hosp ital waste or medical/infectious waste is charged to the affected facility

during startup, shutdown, or malfunction. (b) The owner or operator of an affected facility shall conduct an initial performance test in accordance with the performance test requirements 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 this paragraph. The use of the by pass stack during a performance test shall invalidate the performance test. (1) All performance tests shall consist of a minimum of three test runs conducted under representative operating conditions. (2) The minimum sample time shall be 1 hour per test run unless otherwise indicated.APC

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- 1, Amended December 11, 2008 , Redline/Strikeout 44 (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 40 C.F.R. 60 shall be used for gas composition analysis, including measurement of oxygen concentration. EPA Reference Method 3 or 3A of Appendix 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 oxygen; 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 % O2 = oxygen concentration measured on a dry basis, percent. (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 selected the toxic equivalency

standards for dioxin/furans, under paragraph 3 in Section 12 of these regulations, the following procedures shall be used to determine compliance:



###   

#   C C O adj meas  

 20 9 7 20 9 2 .

. %APC

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- 1, Amended December 11, 2008 , Redline/Strikeout 45 (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 accordance with subparagraph (b)(9)(i) of this paragraph, multiply the congener concentration by it s corresponding toxic equivalency

f actor specified in Table 3 in Section 12 of these regulations. (iii) Sum the products calculated in accordance with subparagraph (b)(9)(ii) of this paragraph to obtain the total concentration of dioxins/furans emitted in terms of toxic equivalency

. (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 has selected the percentage reduction standards for HCl under paragraph 3 in

Section 12 of these regulations, the percentage reduction in HCl emissions (%RHCl) is computed using the following formula: Where: (%RHCl ) = percentage reduction of HCl emissions achieved; Ei = HCl emission concentration measured at the control device inlet, corrected to 7 percent oxygen (dry basis); and E o = HCl emission concentration measured at the control device outlet, corrected to 7 percent oxygen (dry basis). (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 the 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; 

#   % R E E

E HCl i o

i 

###          100



#   % R E E

E metal i o

i          100APC

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- 1, Amended December 11, 2008 , Redline/Strikeout 46
Ei = metal emission concentration (Pb, Cd, or Hg) measured at the control device inlet, corrected to 7 percent oxygen (dry basis); and E o = metal emission concentration (Pb, Cd, or Hg) measured at the control device outlet, corrected to 7 percent oxygen (dry basis).APC

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- 1, Amended December 11, 2008 , Redline/Strikeout 47 **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 dib enzofuran 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 performance test is completed or is required to be completed under the performance test requirements containedAPC

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- 1, Amended December 11, 2008 , Redline/Strikeout 48 in 40 C.F.R. 60.8, whichever date comes first, the owner or operator of an affected facility

shall: (1) Determine compliance with the opacity limit by c onducting an annual performance test (no more than 12 months following the previous performance test) using the applicable procedures and test methods liste d in subparagraph (b) of this paragraph. (2) Determine compliance with the PM, CO, and HCl emission 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 paragraph. If all three performance tests over a 3

-ye ar period indicate compliance with the emission limit for a pollutant (PM, CO, or HCl), the owner or operator may f orego a performance test for that pollutant f or the subsequent 2 ye ars. At a minimum, a performance test for PM, CO, and HCl shall be conducted every third year (no more than 36 months following the previous performance test). If a performance test conducted every third ye ar indicates compliance with the emission limit for a pollutant (PM, CO, or HCl), the owner or operator may

f orego a performance test for that pollutant for up to an additional 2 ye ars. If any p erformance test indicates noncompliance with the respective emission limit, a performance test for that pollutant shall be conducted annually until all annual performance tests over a 3

-ye ar period indicate compliance with the emission limit. The use of the by pass stack during a performance test shall invalidate the performance test. (3) F acilities using a CEMS to demonstrate compliance with any of the emission limits under paragraph 3 in Section 12 of these regulations shall: (i) Determine compliance with the appropriate emission limit(s) using a 12

-hour rolling average, calculated each hour as the average of the previous 12 operating hours (not including startup, shutdown, or malfunction). (ii) Operate all CEMS in accordance with the applicable 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

s crubber followed by

a f abric filter, a wet scrubber, or a dry s crubber followed by

a fabric filter and wet scrubber shall: (1) Establish the appropriate maximum and minimum operating parameters, indicated in Table 4 of Secti on 12 of these regulations forAPC

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- 1, Amended December 11, 2008 , Redline/Strikeout 49 each control system, as site specific operating parameters during the initial performance test to determine compliance with the emission limits; and (2) Following the date on which the initial performance 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, ensure that the affected facility does not operate above any o f the applicable maximum operating parameters or below any o f the a pplicable minimum operating parameters listed in Table 4 in Section 12 of these regulations and measured as 3

-hour rolling averages (calculated each hour as the average of the previous 3 operating hours) at all times except during periods of startup, shutdown, and malfunction. Operating parameter limits do not apply d uring performance tests. Operation above the established maximum or below the established minimum operating parameter(s) shall constitute a violation of established 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 a bove the maximum charge rate and below the minimum secondary chamber temperature (each measured on a 3

-hour rolling average) simultaneously shall constitute a violation of the CO emission limit. (2) Operation of the affected facility a bove the maximum fabric filter inlet temperature, above the maximum charge rate, and below 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 a bove the maximum charge rate and below the minimum HCl sorbent flow rate (each measured on a 3

- hour rolling average) simultaneously shall constitute a violation of the HCl emission limit. (4) Operation of the affected facility a bove the maximum charge rate and below the minimum Hg sorbent flow rate (each measured on a 3

-hour rolling average) simultaneously shall constitute a violation of the Hg emission limit. (5) Use of the by

pass stack (except during startup, shutdown, or malfunction) shall constitute a violation of the PM, dioxin/furan, HCl, Pb, Cd and Hg emission limits.APC

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- 1, Amended December 11, 2008 , Redline/Strikeout 50 (f) Except as provided in subparagraph (h) of this paragraph, for affected facilities equipped with a wet scrubber: (1) Operation of the affected facility a bove the maximum charge rate and below the minimum pressure drop across the wet scrubber or below the minimum horsepower or amperage to the system (each measured on a 3

-hour rolling average) simultaneously shall constitute a violation of the PM emission limit. (2) Operation of the affected facility a bove the maximum charge rate and below the minimum secondary chamber temperature (each measured on a 3

-hour rolling average) simultaneously shall constitute a violation of the CO emission limit. (3) Operation of the affected facility a bove the maximum charge rate, below the minimum s econdary chamber temperature, and below the minimum scrubber liquor flow rate (each measured on a 3

-hour rolling average) simultaneously shall constitute a violation of the dioxin/furan emission limit. (4) Operation of the affected facility a bove the maximum 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 a bove the maximum flue gas temperature and a

bove the maximum charge rate (each measured on a 3

-hour rolling average) simultaneously shall constitute a violation of the Hg emission limit. (6) Use of the by

pass stack (except during startup, shutdown, or malfunction) shall constitute a violation of the PM, dioxin/furan, 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 filter and a wet scrubber: (1) Operation of the affected facil ity a bove the maximum charge rate and below the minimum secondary chamber temperature (each measured on a 3

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

-hourAPC

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- 1, Amended December 11, 2008 , Redline/Strikeout 51 rolling average) simultaneously shall constitute a violation of the dioxin/furan emission limit. (3) Operation of the affected facility a bove the maximum 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 a bove the maximum charge rate and below the minimum Hg sorbent flow rate (each measured on a 3

-hour rolling average) simultaneously shall constitute a violation of the Hg emission limit. (5) Use of the by

pass stack (except during startup, shutdown, or malfunction) shall constitute a violation of the PM, dioxin/furan, HCl, Pb, Cd and Hg emission limits. (h) The owner or operator of an affected facility may c onduct a repeat performance test within 30 days of violation of applicable operating parameter(s) to demonstrate that the affected facility i s not in violation of the applicable emission limit(s). Repeat performance tests conducted pursuant to this paragraph shall be conducted using the identical operating parameters that indicated a violation 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

s crubber followed by

a f abric filter, a wet scrubber, 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 petition the Administrator for other site

- specific operating parameters to be established during the initial performance test and continuously monitored thereafter. The owner or operator shall not conduct the initial performance test until after the petition has been approved by the Administrator. (j) The owner or operator of an affected facility may c onduct a repeat performance test at any

time to establish new values for the operating parameters. The Department may request a repeat performance test at any time. (k) Any

small HMIWIsubject to the emission limits in Table 2 of paragraph 3 in Section 12 of these regulations shall meet the following compliance 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 d uring performance tests.APC

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- 1, Amended December 11, 2008 , Redline/Strikeout 52 (2) Establish maximum charge rate and minimum secondary chamber temperature as site

- specific operating parameters during the initial performance test to determine compliance with applicable emission limits. (3) Following the date on which the initial performance 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, ensure that the designated facility does not operate above the maximum charge rate or bel ow the minimum secondary chamber temperature measured as 3

-hour rolling averages (calculated each hour as the average of the previous 3 operating hours) at all times except during periods of startup, shutdown, or malfunction. Operating parameter limits do not apply d uring performance tests. Operation above the maximum charge rate or below the minimum secondary chamber temperature shall constitute a violation of the established operating parameter(s). (4) Except as provided in subparagraph (k)(5) of this paragraph below, operation of the designated facility above the maximum charge rate and below the minimum secondary chamber temperature (each measured on a 3

-hour rolling average) simultaneously shall constitute a violation of the PM, CO, and dioxin/furan emission limits. (5) The owner or operator of a designated facility may conduct a repeat performance test within 30 days of violation of applicable operating parameter(s) to demonstrate that the designated facility i s not in violation of the applicable emission limit(s). Repeat performance tests conducted pursuant to this paragraph must be conducted using the identical operating parameters that indicated a violation under subparagraph (k)(4), of this paragraph above. 8. Monitoring. (a) The owner or operator of an affected facility shall install, calibrate (to manufacturer ’ s specifications), maintain, and operate devices (or establish methods) for monitoring the applicable maximum and minimum operating parameters listed in Table 4 in Section 12 of these regulations such that these devices (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 o f operator of an affected facility shall install, calibrate (to manufacturer ’ s specifications), maintain, and operate a device or method for measuring the use of the by pass stack including date, time, and duration.APC

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- 1, Amended December 11, 2008 , Redline/Strikeout 53 (c) The owner or operator of an affected facility u sing something other than a dry scrubber followed by

a f abric filter, a wet scrubber, or a dry s crubber followed by

a f abric filter and a wet scrubber to comply with the emission limits under paragraph 3 in Section 12 of these regulations shall install, calibrate (to the manufacturer ’ s specifications), maintain, and operate the equipment 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 shall obtain monitoring data at all times during HMIWIoperation except during periods of monitoring 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 affected facility

i s combusting hospital waste and/or medical/infectious waste. (e) Any

small HMIWIsubject to the emission limits in Table 2 of paragraph 3 in Secti on 12 of these regulations shall meet the following monitoring requirements: (1) In stall, calibrate (to manufacturer ’ s specifications), maintain, and operate a device for measuring and recording the temperature of the secondary chamber on a continuous bas is, the output of which shall be recorded, at a minimum, once every minute throughout operation. (2) In stall, calibrate (to manufacturer ’ s 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 HMIWIoperation except during periods 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 calendar quarter that the designated facility i s combusting hospital waste and/or medical/infectious waste.APC

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- 1, Amended December 11, 2008 , Redline/Strikeout 54

**TABLE 4. OPERATING PA** **RAMETERS TO BE MONITORED AND MINIMUM**

**MEASUREMENT AND RECORDING FREQUENCIES**

**Operating Parameters to be Monitored**  **Minimum Frequency Control System** 

**Data Measurement**  **Data**

**Recording Dry** 

**Scrubber followed**  **by Fabric**  **Filter Wet** 

**Scrubber Dry** 

**Scrubber f**  **ollowed 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 minuteAPC

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- 1, Amended December 11, 2008 , Redline/Strikeout 55

9. Reporting and Recordkeeping Requirements. (a) The owner or operator of an affected facility shall 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 p ollutant listed in paragraph 3 in Section 12 of these regulations or measurements of opacity as determined by

the continuous emission monitoring system (if applicable); (ii) Results of fugitive emissions (by EPA Reference Method 22) tests, if applicable; (iii) HMIWIcharge dates, times, and weights and hourly charge rates; (iv) Fabric filter inlet temperatures during each minute of operation, as applicable; (v) Amount and ty

pe of dioxin/furan sorbent used during each hour of operation, as applicable; (vi) Amount and ty

pe of Hg sorbent used during each hour of operation, as applicable; (vii) Amount and ty

pe of HCl sorbent used during each hour of operation, as applicable; (viii) Secondary

chamber temperatures recorded during each minute of operation; (ix) Li quor flow rate to the wet scrubber inlet during each minute of operation, as applicable; (x) Horsepower or amperage to the wet scrubber during each minute of operation, as applicable; (xi) Pressure drop across the wet scrubber system during each minute of operation, as applicable ; (xii) Temperature at the outlet from the wet scrubber during each minute of operation, as applicable;APC

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- 1, Amended December 11, 2008 , Redline/Strikeout 56 (xiii) pH at the inlet to the wet scrubber during each minute of operation, as applicable; (xiv) Records indicating use of the by pass stack, including dates, times, and durations; and (xv) For affected facilities complying with subparagraphs 7(i) and 8(c) in Section 12 of these regulations, the owner or operator 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 this paragraph have not been obtained, with an identification of the emission 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 durations of malfunctions, a description of the malfunction and the corrective action taken. (5) Identification of calendar days for which data on emission rate s or operating parameters specified under subparagraph (a)(2) of this paragraph exceeded the applicable limits, with a description of the exceedances, reasons for such exceedances, and a description of corrective actions taken. (6) The results of the initial, annual, and any subsequent performance tests conducted to determine compliance with the emission limits and/or to establish operating parameters, as applicable. (7) Records showing the names of HMIWIoperators who 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 subsequent annual reviews; (8) Records showing the names of the HMIWIoperators who have completed the operator training requirements, including documentation of training and the dates of the training; (9) Records showing the names of the HMIWIoperators who have met the criteria for qualification under paragraph 4 in Section 12 of these regulations and the dates of their qualification; and (10) Records of calibration of any monitoring devices as required under subparagraphs 8(a), (b), and (c) in Section 12 of these regulations.APC

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- 1, Amended December 11, 2008 , Redline/Strikeout 57 (b) The owner or operator of an affected facility shall submit the information specified in subparagraphs (b)(1) through (b)(3) of this paragraph 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 under subparagraphs 7(b)(1) through (b)(11), as applicable. (2) The values for the site

- specific operating parameters established pursuant to subparagraphs 7(d) or (i), as applicable. (3) The waste management plan as specified in paragraph 5 in Section 12 of these regulations. (c) An annual report shall be submitted 1 year following the submission of the information in subparagraph (b) of this paragraph and subsequent reports shall be submitted no more than 12 months following the previous report (once the unit is subject to permitting requirements in Air Emission s Operating Permit Regulations for the Purposes of Title V of the Federal Clean Air Act, APC

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- 6, the owner or operator of an affected facility must submit these reports semiannually ). The annual report shall include the information specified in subparagraphs (c)(1) through (c)(8) of this paragraph. All reports shall be signed by the facilities manager. (1) The values for the site

- specific operating parameters 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 operating parameter recorded for the calendar ye ar being reported, pursuant to subparagraph 7(d) or (i), as applicable. (3) The highest maximum operating parameter and the lowest minimum operating parameter, as applicable for each operating parameter recorded pursuant to subparagraph 7(d) or (i) for the calendar ye ar preceding the ye ar being reported, in order to provide the Department with a summary

of the performance of the affected facility over a 2

- ye ar 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 ye ar preceding the ye ar being reported, in order to provide the Department with a summary of the performance of the affected facility over a 2

-ye ar period.APC

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- 1, Amended December 11, 2008 , Redline/Strikeout 58 (6) If a performance test was conducted during the reporting period, the results of that test. (7) If no exceedances or malfunctions were reported under subparagraphs (a)(3) through (a)(5) of this paragraph for the calendar ye ar being reported, a statement that no exceedances occurred during the reporting period. (8) Any

u se of the by

pass stack, the duration, reason for malfunction, and corrective action taken. (d) The owner or operator of an affected facility shall submit semiannual reports containing any

information recorded under subparagraphs (a)(3) through (a)(5) of this paragraph no later than 60 days following the reporting period. The first semiannual reporting period ends 6 months following the submission of information in subparagraph (b) of this paragraph. S ubsequent reports shall be submitted no later than 6 calendar months following the previous report. 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 format, unless an alternative format is approved by the Department. (f) Any

small HMIWIsubject to the emission limits in Table 2 of paragraph 3 in Section 12 of these regulations shall meet the following reporting and recordkeeping requirements: (1) Maintain records of the annual equipment inspections, any required maintenance, and any

repairs not completed within 10 days of an inspection or the timeframe established by the Department; and (2) Submit an annual report containing information recorded under subparagraph (f)(1) ab ove no later than 60 days following the ye ar in which data were collected. Subsequent reports shall be sent no later than 12 calendar months following the previous 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 Act, APC

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- 6, the owner or operator must submit these reports semiannually

). The report shall be signed by the facilities manager. 10. Compliance Schedules. (a) Except as provided in subparagraph (b), designated or affected facilities to which the provisions in Section 12 of these regulations applies (as defined in paragraph 1) shall comply with all requirements in Section 12 of theseAPC

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- 1, Amended December 11, 2008 , Redline/Strikeout 59 regulations on or before September 15, 2000, regardle ss of whether the Department has identified a designated or affected facility in the State Plan inventory required by

Subpart B of 40 C.F.R. 60. (b) For designated facilities planning to install the necessary air pollution control equipment, the Department may allow compliance on or before September 15, 2002, but as expeditiously a s possible. No later than December 15, 1999, these facilities shall petition the Department in writing, as outlined in subparagraphs (1) through (2) below. Under no circumstanc es can compliance with the provisions in Section 12 of these regulations extend beyond September 15, 2002. (1) Documentation of the analyses undertaken to support the need for an extension, including an explanation of why S eptember 15, 2002, is sufficient time to comply

while September 15, 2000, is not sufficient. The documentation shall also include an evaluation of the option to transport the waste offsite to a commercial medical waste treatment and disposal facility

on a temporary

or permanent basis; and (2) Documentation of measurable and enforceable incremental steps of progress to be taken towards compliance with the requirements in Section 12 of these regulations, as defined in subparagraphs (i) through (x) below: (i) Date for submitting a petition for site specific operating parameters under subparagraph 7(i) in Section 12 of these regulations; (ii) Date for obtaining services of an architectural 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 device(s); (v) Date for obtaining the major components of the air pollution control device(s); (vi) Date for initiation of site preparation for installation of the air pollution control device(s); (vii) Date for initiation of installation of the air pollution control device(s);APC

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- 1, Amended December 11, 2008 , Redline/Strikeout 60 (viii) Date for initial startup of the air pollution control device(s); and (ix) Date for initial compliance test(s) of the air po llution control device(s); (x) Date for final compliance. (c) Designated facilities planning to shut down permanently to demonstrate compliance with subparagraph (a) of this paragraph shall notify the Department in writing, no later than December 15, 199 9. The notification shall include documentation of measurable and enforceable incremental steps of progress to be taken towards compliance with the requirements in Section 12 of these regulations, as defined in subparagraphs (1) through (6) below: (1) Date for designated facility plan for shut down; (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 waste 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

b e 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 petition, as petiti oned 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 such a denial is made, the Department shall notify the petitioner in writing, state the reasons for denial and outline procedures for appeal.APC

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- 1, Amended December 11, 2008 , Redline/Strikeout 61 (e) Termination Procedures. Any p etition granted by

the Department may

b e terminated by

the Department whenever the Department finds, after an opportunity

f or the petitioner to demonstrate compliance and after notice and an opportunity

f or hearing, that the petitioner is in violation of any requirement, condition, schedule, limitation or any other provision of the petition or that operation under the petition does not meet the minimum requirements established by S tate and Federal laws and regulations or is unreasonably

threatening the public health. **SECTION 13.**  **PROVISIONS FOR**  **EXISTING COMMERCIAL**  **AND INDUSTRIAL**  **SOLID**

**WASTE INCINERATION UNITS** 1. Emission Standards. Provisions under this paragraph that apply to existing commercial and industrial solid waste incineration (CI SWI) units are the requirements that are contained in 40 CFR 60.2575 through 60.2875. All such requirements are hereby adopted by

reference by

the Commission as official regulations of the State of Mississippi and shall hereafter be enforceable as such. 2. Applicability

. The requirements of Section 13 shall apply to each existing commercial and industrial solid waste incineration unit that commenced construction on or before November 30, 1999 and meets the following criteria: (a) Commercial and industrial solid waste incineration (CI SWI) unit means any combustion device that combusts commercial and industrial waste. The boundaries of a CI SWIunit are defined as, but not limited to, the commercial or industrial solid waste fuel feed system, grate system, flue gas system, and bottom ash. The CI SWIunit does not include air pollution control equipment or the stack. The CI SWIunit boundary starts at the commercial and industrial solid waste hopper (if applicable) and extends through two areas: (1) the combustion unit 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 handling systems connected to the bottom ash handling system. (b) Commercial and industrial waste means solid waste combuste d in an enclosed device using controlled flame combustion without energy recovery that is a distinct operating unit of any c ommercial or industrial facility (including field

- erected, modular, and custom built incineration units operating with starved or ex cess air), or solid waste combusted in an air curtain incinerator without energy recovery that is a distinct operating unit of any commercial or industrial facility

. (c) Solid waste means any garbage, refuse, sludge from a waste treatment plant, water su pply treatment plant, or air pollution control facility and other discarded material, including solid, liquid, semisolid, or contained gaseousAPC

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- 1, Amended December 11, 2008 , Redline/Strikeout 62 material resulting from industrial, commercial, mining, agricultural operations, and from community activities but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows 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 by product material as defined by

the Atomic Energy

Act of 1954, as amended (42 U.S.C. 2014). (d) Solid waste combustion units are exempt from the requirements of Section 13 as described and set f

orth below: (1) Pathological waste incineration units. Incineration units burning 90 percent or more by

weight (on a calendar quarter basis and excluding the weight of auxiliary

f uel 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 Section 13 if the owner or operator of the CI SWIunit meets the two requirements specified in (1)(i) and (ii) of this paragraph. (i) Notify

the Executive D irector that the unit meets these criteria. (ii) Keep records on a calendar quarter basis of the weight of pathological waste, low

- level radioactive waste, and/or chemotherapeutic waste burned, and the weight of all other fuels and wastes burned in the unit. (2) Agricultural waste incineration units. Incineration units burning 90 percent or more by

weight (on a calendar quarter basis and excluding the weight of auxiliary

f uel and combustion air) of agricultural wastes as defined in 40 CFR 60.2875 are not subject to the requirements of Section 13 if the owner or operator of the CI SWIunit meets the two requirements specified in (2)(i) and (ii) of this paragraph. (i) Notify

the Executive Director that the unit meets these criteria. (ii) Keep records on a calendar quarter basis of the weight of agricultural waste burned, and the weight of all other fuels and wastes burned in the unit. (3) Municipal waste combustion units. I ncineration units that meet either of the two criteria specified in (3)(i) or (ii) of this paragraph. (i) Are regulated under 40 CFR 60, Subpart Ea (Standards of Performance for Municipal Waste Combustors); 40 CFR 60,APC

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- 1, Amended December 11, 2008 , Redline/Strikeout 63 Subpart Eb (Standards of Performance for Municipal Waste Combustors for Which Construction is Commenced After September 20, 1994); 40 CFR 60, Subpart Cb (Emission Guidelines and Compliance Time for Large Municipal Combustors that are Constructed on or Before September 20, 1994); 40 CFR 60, Subpart AAAA (Standards of Performance for New Stationary

S ources: Small Municipal W aste Combustion Units); or 40 CFR 60, Subpart BBBB (Emission Guidelines for Existing Stationary S ources: Small Municipal Waste Combustion Units). (ii) Burn greater than 30 percent municipal solid waste or refuse

derived fuel, as defined in Subpart Ea, Subpart Eb, Subpart AAAA, and Subpart BBBB, and that have the capacity to burn less than 35 tons (32 megagrams) per day of municipal solid waste or refuse

- derived fuel, if the owner or operator of the CI SWIunit meets the two requirements in (3) (ii) (A) and (B) of this paragraph. (A) Notify

the Executive Director that the unit meets 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. (4) Medical waste incineration units. Incineration units regulated under 40 CFR 60, Subpart Ec (Standards of Performance for Hospital/Medical/Infectious Waste Incinerators for Which Construction is Commenced After June 20, 1996) or 40 CFR 60, Subpart Ca (Emi ssion Guidelines and Compliance Times for Hospital/Medical/Infectious Waste Incinerators). (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 including refuse

derived fuel) to produce electricity

. (iii) The owner or operator of the CI SWIunit notifie s the Executive Director that the unit meets all of these criteria.APC

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- 1, Amended December 11, 2008 , Redline/Strikeout 64 (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 including refuse

derived fuel) to produce electricity and steam or other forms of energy u sed for industrial, commercial, heating, or cooling purposes. (iii) The owner or operator of the CI SWIunit notifies the Executive Director that the unit meets all of these criteria. (7) Hazardous waste combustion units. Units that meet either of the two criteria specified in (7)(i) or (ii) of this paragraph. (i) Units for which the owner or operator is required to get a permit under section 3005 of the Solid Waste Disposal Act. (ii) Units regulated under Subpart EEE of 40 CFR Part 63 (National Emission Standards for Hazardous Air Pollutants from Hazardous Waste Combustors). (8) Materials recovery units. Units that combust waste for the primary purpose of recovering metals, such as primary and secondary smelters. (9) Air curtain incinerators. Air curtain incinerators that burn only the materials listed in (9)( i) through (iii) of this paragraph are only required to meet the requirements under " 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, clea

n 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)APC

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- 1, Amended December 11, 2008 , Redline/Strikeout 65 (12) Cement kilns. Kilns regulated under Subpart LLL of 40 CFR Part 63 (National Emission Standards for Hazardous Air Pollutants from the Portland Cement Manufacturing Industry ). (13) Sewage sludge incinerators. Incineration units regulated under Subpart O of 40 CFR Part 60 (Standards of Performance for Sewage Treatment Plants). (14) Chemical recovery units

. C ombustion units burning materials to recover chemical constituents or to produce chemical compounds where there is an existing commercial market for such recovered chemical constituents or compounds. The seven ty pes of units described in (14)(i) through (vii) of this paragraph are considered chemical recovery

units. (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 by

product streams/residues containing catalyst metals which are reclaimed and reused as catalysts or used to produce commercial grade catalysts. (v) Units burning only c oke to produce purified carbon monoxide that is used as an intermediate in the production of other chemical compounds. (vi) Units burning only hydrocarbon liquids or solids to produce hydrogen, carbon monoxide, sy nthesis gas, or other gases for use in other manufacturing processes. (vii) Units burning only photographic film to recover silver. (15) Laboratory

analysis units. Units that burn samples of materials for the purpos e of chemical or physical analysis. 3. Schedule for compliance. (a) Except as provided in sub

-paragraph (b), each designated or affected facility to which the provisions of Section 13 are applicable, shall comply with theAPC

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- 1, Amended December 11, 2008 , Redline/Strikeout 66 emission standards and requirements set forth in Section 13 not later than December 1, 2003. (b) Any

designated or affected facility that does not comply

with sub

-paragraph (a) shall be subject to the increments of progress requirements 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

- December 1, 2005 4. Permitting requirements. Each CI SWIunit affected by the provisions of Section 13 shall be subject to the permitting requirements of Air Emissions Operating Permit Regulations for the Purposes of Title V of the Federal Clean Air Act, APC

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- 6; and the owner and/or operator of the affected facility shall submit the necessary permit application not later than April 1, 2003. Beginning December 1, 2003, affected facilities shall only

operate pursuant to authorization, or a permit issued, pursuant to the operating permit 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 "Executive Director" of the Mis sissippi Department of Environmental Quality

. (b) The term "You" in 40 CFR 60.2575 through 60.2875 means the owner or operator of a CI SWIunit. (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 guidelines contained in 40 CFR 60, Subpart DDDD. **SECTION 14. PROVISIO NS FOR THE CLEAN AIR**  **INTERSTATE RULE.** 1. The provisions of this paragraph apply to Electric Generating Units subject to the Clean Air Interstate Rule (CAIR) as set forth in 40 CFR 51.123, 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 a s of September 15, 2006 October 3 , 2008

. All such requirements are incorporated herein and adopted by reference by

the Mississippi Commission on Environmental Quality as official regulations of the State of Mississippi and shall hereafter be enforceable as such except as follows: (a) The term Apermitting authority @ shall mean the " Mississippi Environmental Quality P ermit Board " except when used in the definitions of " Allocate orAPC

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- 1, Amended December 11, 2008 , Redline/Strikeout 67 allocation " and " CAIR NOx allowance " in 40 CFR 96.102, the definitions 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 " in 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 the procedures outlined in 40 CFR 96.142 and 40 CFR 96.342 and will be assigned to each unit by the dates specified in 40 CFR 96.141 and 40 CFR 96.341.