West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-06 - Control of Air Pollution from Combustion of Refuse › Section 45-6-4 - Emission Standards for Incinerators and Incineration

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. No person
				shall cause or allow particulate matter to be discharged from any incinerator
				into the open air in excess of the quantity determined by use of the following
				formula:
Emissions (lb/hr) = F x Incinerator Capacity (tons/hr)
Where, the factor, F, is as indicated in Table 45-6
				  below:
Table 45-6: Factor, F, for Determining Maximum
				  Allowable Particulate Emissions.
Incinerator
							 Capacity
Factor F
Less than 15,000 lbs/hr
5.43
15,000 lbs/hr or greater
2.72
4.2.
				In the Counties of Brooke, Hancock, Ohio, Marshall and Kanawha; and the
				Magisterial Districts of Valley (Fayette County), Scott and Pocatalico (Putnam
				County), Tygart (Wood County), the City of Fairmont and those portions of Union
				and Winfield Magisterial Districts west of I-79 (Marion County), no person
				shall cause or allow the operation of any incinerator during the period
				starting 1 hour before sunset and extending until 2 hours after sunrise. This
				subsection shall not apply to the operation of flares, pathological waste,
				industrial, or sewage sludge incinerators.
4.3. Emission of Visible Particulate Matter.
				-- No person shall cause or allow emission of smoke into the atmosphere from
				any incinerator which is 20% opacity or greater.
4.4. The provisions of subsection 4.3 shall
				not apply to smoke which is less than 40% opacity, for a period or periods
				aggregating no more than 8 minutes per start-up, or 6 minutes in any 60-minute
				period for stoking operations.
4.5.
				No person shall cause or allow the emission of particles of unburned or
				partially burned refuse or ash from any incinerator which are large enough to
				be individually distinguished in the open air.
4.6. Incinerators, including all associated
				equipment and grounds, shall be designed, operated and maintained so as to
				prevent the emission of objectionable odors.
4.7. Incineration of Pathological Waste. --
				Persons responsible for the incineration of pathological waste shall give the
				utmost care and consideration to the effects of the emissions resulting from
				such activities. Evaluation of these facilities as to adequacy, efficiency and
				emission potential will be made on an individual basis by the Secretary,
				working in conjunction with other appropriate governmental agencies.
4.8. Temporary Air Curtain Incinerators. --
				Air curtain incinerators that are temporarily sited and operated only for the
				disposal of on-site land clearing debris shall not be subject to the emission
				standards of this rule or to the preconstruction permitting requirements of
				45CSR13, provided that the following conditions are met:
4.8.1. There is no practical alternative
				method for the disposal of the material to be incinerated;
4.8.2. The health, safety, comfort and
				property of persons are protected from the effects of such
				incineration;
4.8.3. Approval to
				conduct such incineration is received from the Secretary; and
4.8.4. The temporary air curtain incinerator
				is not subject to the requirements of section 9 of this rule, 45CSR14, 45CSR18,
				45CSR19, or 45CSR30.