Section 326 IAC 11-8-1 - ApplicabilityAuthority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11
Affected: IC 13-15; IC 13-17
Sec. 1.
(a) Except as provided in subsections (b) and (e) through (g), this rule applies to each commercial and industrial solid waste incineration (CISWI) unit as defined in 40 CFR 60.2875 *, for which construction was commenced on or before November 30, 1999.(b) The following are exempt from this rule: (1) Incineration units burning ninety percent (90%) or more by weight (on a calendar quarter basis and excluding the weight of auxiliary fuel and combustion air) of pathological waste, low-level radioactive waste, or chemotherapeutic waste, or any combination of these wastes as defined in 40 CFR 60.2875 *, provided the owner or operator of the incinerator does all of the following: (A) Notifies the department and U.S. EPA that the unit meets the criteria in this subdivision.(B) Keeps records on a calendar quarter basis of the weight of pathological waste, low-level radioactive waste, chemotherapeutic waste, or any combination of these wastes burned, and the weight of all other fuels and wastes burned in the unit.(2) Incineration units burning ninety percent (90%) or more by weight (on a calendar quarter basis and excluding the weight of auxiliary fuel and combustion air) of agricultural wastes as defined in 40 CFR 60.2875 *, provided the owner or operator of the incinerator does all of the following:(A) Notifies the department and U.S. EPA that the unit meets the criteria in this subdivision.(B) Keeps 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) Incineration units that meet either of the following criteria:(A) Qualify as a municipal waste combustor regulated under 40 CFR 60, Subpart Cb*, Ea*, Eb*, AAAA*, or BBBB*.(B) Burn greater than thirty percent (30%) municipal solid waste or refuse-derived fuel, as defined in 40 CFR 60, Subpart Ea*, Eb*, AAAA*, and BBBB*, and that have the capacity to burn less than thirty-five (35) tons per day of municipal solid waste or refuse-derived fuel, provided the owner or operator of the incinerator does all of the following:(i) Notifies the department and U.S. EPA that the unit meets the criteria in clause (A) or (B).(ii) Keeps 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 regulated under 40 CFR 60, Subpart Ca* or Ec*.(5) Small power production units that meet all of the following requirements:(A) 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))*.(B) The unit burns homogeneous waste, not including refuse-derived fuel, to produce electricity.(C) The owner or operator notifies the department and U.S. EPA that the unit meets all of the requirements in clauses (A) and (B).(6) Cogeneration units that meet all of the following requirements: (A) The unit qualifies as a cogeneration facility under 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 and steam or other forms of energy used for industrial, commercial, heating, or cooling purposes.(C) The owner or operator notifies the department and U.S. EPA that the unit meets all of the requirements in clauses (A) and (B).(7) Hazardous waste combustion units that meet either of the following criteria:(A) Any combustor required to have a permit under Section 3005 of the Solid Waste Disposal Act*.(B) Units regulated under 40 CFR 63, Subpart EEE*.(8) Materials recovery units that combust waste for the primary purpose of recovering metals, such as primary and secondary smelters.(9) Cyclonic barrel burners as defined in 40 CFR 60.2875 *.(10) Rack, part, and drum reclamation units as defined in 40 CFR 60.2875 *.(11) Cement kilns regulated under 40 CFR 63, Subpart LLL*.(12) Sewage sludge incinerators regulated under 40 CFR 60, Subpart O*.(13) Combustion 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 following types of units are considered chemical recovery units: (A) Units burning only pulping liquors that are:(i) reclaimed in a pulping liquor recovery process; and(ii) reused in the pulping process.(B) Units burning only spent sulfuric acid used to produce virgin sulfuric acid.(C) Units burning only wood or coal feedstock for the production of charcoal.(D) Units burning only manufacturing byproduct streams or residues containing catalyst metals that are reclaimed and reused as catalysts or used to produce commercial grade catalysts.(E) Units burning only coke to produce purified carbon monoxide that is used as an intermediate in the production of other chemical compounds.(F) Units burning only hydrocarbon liquids or solids to produce:(iv) other gases; for the use in other manufacturing processes.
(G) Units burning only photographic film to recover silver.(14) Laboratory analysis units that burn samples of materials for the purpose of chemical or physical analysis.(c) The owner or operator of a unit listed in subsection (b) must submit an exemption notification not later than one (1) year from the effective date of this rule.(d) Pathological waste exemptions submitted under 326 IAC 11-6 satisfy the conditions of subsection (b)(1).(e) Air curtain incinerators or destructors that only burn one (1) of the following fuels are required to comply with only 40 CFR 60.2810 through 40 CFR 60.2870 * and obtain approval under 326 IAC 4-1-6: (1) One hundred percent (100%) wood waste.(2) One hundred percent (100%) clean lumber.(3) One hundred percent (100%) mixture of only wood waste, clean lumber, yard waste, or any combination of these wastes.(f) If the owner or operator of a CISWI unit makes changes that meet the definition of modification or reconstruction, as defined in 40 CFR 60.2875 *, on or after June 1, 2001: (1) the CISWI unit becomes subject to 40 CFR 60, Subpart CCCC* and 326 IAC 12; and(2) this rule no longer applies to that CISWI unit.(g) Physical or operational changes made to an existing CISWI unit primarily to comply with emission limits under this rule: (1) are not considered modifications or reconstructions; and(2) do not result in an existing CISWI unit becoming subject to 40 CFR 60, Subpart CCCC*. *These documents are incorporated by reference and may be obtained from the Government Printing Office, 732 North Capitol, Washington, D.C. 20401 or are available for review and copying at the Indiana Department of Environmental Management, Office of Air Quality, Indiana Government Center-North, Tenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204.
Air Pollution Control Board; 326 IAC 11-8-1; filed Aug 7, 2002, 9:47 a.m.: 25 IR 4100; filed Apr 26, 2007, 9:38 a.m.: 20070523-IR-326060412FRA