340-230-0300 Municipal Waste Combustors: Applicability (1) Applicability: OAR 340-230-0310 through 340-230-0359 apply to each municipal waste combustor unit with a combustion capacity greater than 250 tons per day of municipal solid waste for which construction was commenced on or before September 20, 1994. MWC subject to OAR 340-230-0300 through 340-230-0350 are not subject to the incinerator rules in 340-230-0100 through 340-230-0150. (2) Exemptions: (a) Any municipal waste combustion unit that is capable of combusting more than 250 tons per day of municipal solid waste and is subject to a federally enforceable permit limiting the maximum amount of municipal solid waste that may be combusted in the unit to less than or equal to 11 tons per day is not subject to this rule if the owner or operator: (A) Notifies the Department of an exemption claim; (B) Provides a copy of the federally enforceable permit that limits the firing of municipal solid waste to less than 11 tons per day; and (C) Keeps records of the amount of municipal solid waste fired on a daily basis. (b) Physical or operational changes made to an existing municipal waste combustor unit primarily for the purpose of complying with emission limits under these rules are not considered in determining whether the unit is a modified or reconstructed facility under 40 CFR 60, Subparts Ea or Eb. (c) A qualifying small power production facility, as defined in section 3(17)(C) of the Federal Power Act (16 U.S.C. 796(17)(C)), that burns homogeneous waste (such as automotive tires or used oil, but not including refuse-derived fuel) for the production of electric energy is not subject to these rules if the owner or operator of the facility notifies the Department of this exemption and provides data documenting that the facility qualifies for this exemption. (d) A qualifying cogeneration facility, as defined in section 3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B)), that burns homogeneous waste (such as automotive tires or used oil, but not including refuse-derived fuel) for the production of electric energy and steam or forms of useful energy (such as heat) that are used for industrial, commercial, heating, or cooling purposes, is not subject to these rules if the owner or operator of the facility notifies the Department of this exemption and provides data documenting that the facility qualifies for this exemption. (e) Any unit combusting a single-item waste stream of tires is not subject to this rule if the owner or operator of the unit: (A) Notifies the Department of an exemption claim; and (B) Provides data documenting that the unit qualifies for this exemption. (f) Any unit required to have a permit under section 3005 of the Solid Waste Disposal Act is not subject to these rules. (g) Any materials recovery facility (including primary or secondary smelters) that combusts waste for the primary purpose of recovering metals is not subject to these rules. (h) Any cofired combustor, as defined in 40 CFR 60.51b, that meets the capacity specifications in section (1) of this rule is not subject to these rules if the owner or operator of the cofired combustor: (A) Notifies the Department of an exemption claim; (B) Provides a copy of the federally enforceable permit (specified in the definition of cofired combustor); and (C) Keeps a record on a calendar quarter basis of the weight of municipal solid waste combusted at the cofired combustor and the weight of all other fuels combusted at the cofired combustor. (i) Pyrolysis/combustion units that are an integrated part of a plastics/rubber recycling unit (as defined in 40 CFR 60.51b) are not subject to this rule if the owner or operator of the plastics/rubber recycling unit keeps records of: (A) The weight of plastics, rubber, and/or rubber tires processed on a calendar quarter basis; (B) The weight of chemical plant feedstocks and petroleum refinery feedstocks produced and marketed on a calendar quarter basis; and (C) The name and address of the purchaser of the feedstocks. The combustion of gasoline, diesel fuel, jet fuel, fuel oils, residual oil, refinery gas, petroleum coke, liquified petroleum gas, propane, or butane produced by chemical plants or petroleum refineries that use feedstocks produced by plastics/rubber recycling units are not subject to these rules. (j) Air curtain incinerators that meet the capacity specifications in subsection (a) of this section, and that combust a fuel stream composed of 100 percent yard waste are exempt from all provisions of this subpart except the opacity standard under OAR 340-230-0310, the testing procedures under 340-230-0340, and the reporting and recordkeeping provisions under 340-230-0350. (k) Air curtain incinerators that meet the capacity specifications in subsection (a) of this section and that combust municipal solid waste other than yard waste are subject to all provisions of this subpart. (l) Cement kilns firing municipal solid waste are not subject to this subpart. (m) Any affected facility meeting the applicability requirements under this rule is not subject to 40 CFR part 60 subpart E. Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: 468A.025 History: DEQ 1-2011, f. & cert. ef. 2-24-11 DEQ 15-2008, f. & cert. ef 12-31-08 DEQ 4-2003, f. & cert. ef. 2-06-03 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-025-0950 DEQ 27-1996, f. & cert. ef. 12-11-96