North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter D - AIR POLLUTION CONTROL REQUIREMENTS › Section .1200 - CONTROL OF EMISSIONS FROM INCINERATORS AND COMBUSTION UNITS › Section 02D .1210 - COMMERCIAL AND INDUSTRIAL SOLID WASTE INCINERATION UNITS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Applicability. Unless exempt pursuant to
				  Paragraph (b) of this Rule, this Rule shall apply to existing commercial and
				  industrial solid waste incineration (CISWI) units, including energy recovery
				  units, kilns, small remote incinerators, and air curtain incinerators that burn
				  solid waste, pursuant to 40
				  CFR 60.2550 and as defined in
				  40 CFR
				  60.2875. An "existing CISWI unit" means a
				  unit that commenced construction on or before June 4, 2010, or commenced
				  modification or reconstruction after June 4, 2010, but no later than August 7,
				  2013.
(b) Exemptions. The following
				  types of combustion units shall be exempted from this Rule:
(1) incineration units subject to Rules
				  15A NCAC
				  02D .1203 through
				  15A NCAC
				  02D .1206 and
				  15A NCAC
				  02D .1212;
(2) pathological waste incineration units
				  burning 90 percent or more by weight on a calendar-quarter basis, excluding the
				  weight of auxiliary fuel and combustion air, of pathological waste, low-level
				  radioactive waste, or chemotherapeutic waste, as defined in
				  40 CFR
				  60.2875, if the owner or operator of the
				  unit:
(A) notifies the Director that the unit
				  qualifies for this exemption; and
(B) keeps records on a calendar-quarter basis
				  of the weight of pathological waste, low-level radioactive waste, or
				  chemotherapeutic waste burned and the weight of all other fuels and wastes
				  burned in the unit;
(3)
				  small power production or cogeneration units if:
(A) the unit qualifies as a small
				  power-production facility pursuant to Section 3(17)(C) of the Federal Power Act
				  (16 U.S.C.
				  796(17)(C)) or as a
				  cogeneration facility pursuant to Section 3(18)(B) of the Federal Power Act
				  (16 U.S.C.
				  796(18)(B));
(B) the unit burns homogeneous waste, not
				  including refuse-derived fuel, to produce electricity, steam, or other forms of
				  energy used for industrial, commercial, heating, or cooling purposes;
(C) the owner or operator of the unit
				  notifies the Director that the unit qualifies for this exemption; and
(D) the owner or operator of the unit
				  maintains the records specified in
				  40 CFR
				  60.2740(v) for a small
				  power-production facility or 40 CFR 60.2740(w)
				  for a cogeneration facility;
(4) units that combust waste for the primary
				  purpose of recovering metals;
(5)
				  cyclonic barrel burners;
(6) rack,
				  part, and drum reclamation units that burn the coatings off racks used to hold
				  small items for application of a coating;
(7) chemical recovery units as defined in
				  40 CFR
				  60.2875;
(8) laboratory analysis units that burn
				  samples of materials for the purpose of chemical or physical
				  analysis;
(9) air curtain
				  incinerators that meet the requirements specified in
				  15A NCAC
				  02D .1904 and that burn only the following
				  materials:
(A) 100 percent wood
				  waste;
(B) 100 percent clean
				  lumber; or
(C) 100 percent mixture
				  of only wood waste, clean lumber, and/or yard waste;
(10) sewage treatment plants that are subject
				  to 40 CFR
				  60 Subpart O Standards of Performance for
				  Sewage Treatment Plants;
(11) space
				  heaters that meet the requirements of
				  40 CFR
				  279.23;
(12) soil treatment units that thermally
				  treat petroleum contaminated soils for the sole purpose of site remediation;
				  and
(13) the owner or operator of a
				  combustion unit that is subject to this Rule may petition for an exemption to
				  this Rule by obtaining a determination that the material being combusted is;
(A) not a solid waste pursuant to the
				  legitimacy criteria of 40
				  CFR 241.3(b)(1);
(B) a non-waste pursuant to the petition
				  process submitted pursuant to
				  40 CFR
				  241.3(c); or
(C) a fuel that has been processed from a
				  discarded non-hazardous secondary material pursuant to
				  40 CFR
				  241.3(b)(4).