Section 113.2300 - DefinitionsTerms used but not defined in this division are defined in the Federal Clean Air Act and 40 Code of Federal Regulations Part 60, Subpart A (General Provisions).
(1) Administrator--As follows:(A) For approved and effective state §111(d)/129 plans, the director of the state air pollution control agency, or his or her delegate;(B) For federal §111(d)/129 plans, the administrator of the United States Environmental Protection Agency (EPA), an employee of the EPA, the director of the state air pollution control agency, or employee of the state air pollution control agency to whom the authority has been delegated by the administrator of the EPA to perform the specified task; and(C) For New Source Performance Standards in 40 Code of Federal Regulations Part 60, the administrator of the EPA, an employee of the EPA, the director of the state air pollution control agency, or employee of the state air pollution control agency to whom the authority has been delegated by the administrator of the EPA to perform the specified task.(2) Air curtain incinerator--An incineration unit operating by forcefully projecting a curtain of air across an open, integrated combustion chamber (fire box) or open pit or trench (trench burner) in which combustion occurs. For the purpose of this division, air curtain incinerators include both firebox and trench burner units.(3) Auxiliary fuel--Natural gas, liquified petroleum gas, fuel oil, or diesel fuel.(4) Batch other solid waste incineration (OSWI) unit--An OSWI unit that is designed such that neither waste charging nor ash removal can occur during combustion.(5) Calendar quarter--Three consecutive months (nonoverlapping) beginning on: January 1, April 1, July 1, or October 1.(6) Calendar year--365 consecutive days starting on January 1 and ending on December 31.(7) Chemotherapeutic waste--Waste material resulting from the production or use of anti-neoplastic agents used for the purpose of stopping or reversing the growth of malignant cells.(8) Class II municipal solid waste landfill--A landfill that meets four criteria: (A) Accepts, for incineration or disposal, less than 20 tons per day of municipal solid waste or other solid wastes based on an annual average;(B) Is located on a site where there is no evidence of groundwater pollution caused or contributed to by the landfill;(C) Is not connected by road to a Class I municipal solid waste landfill, as defined by Alaska regulatory code 18 AAC 60.300(c) or, if connected by road, is located more than 50 miles from a Class I municipal solid waste landfill; and(D) Serves a community that meets one of two criteria:(i) Experiences for at least 3 months each year, an interruption in access to surface transportation, preventing access to a Class I municipal solid waste landfill; or(ii) Has no practicable waste management alternative, with a landfill located in an area that annually receives 25 inches or less of precipitation.(9) Class III municipal solid waste landfill--A landfill that is not connected by road to a Class I municipal solid waste landfill, as defined by Alaska regulatory code 18 AAC 60.300(c) or, if connected by road, is located more than 50 miles from a Class I municipal solid waste landfill, and that accepts, for disposal, either of the following two criteria:(A) Ash from incinerated municipal waste in quantities less than one ton per day on an annual average, which ash must be free of food scraps that might attract animals; or(B) Less than five tons per day of municipal solid waste, based on an annual average, and is not located in a place that meets either of the following criteria:(i) Where public access is restricted, including restrictions on the right to move to the place and reside there; or(ii) That is provided by an employer and that is populated totally by persons who are required to reside there as a condition of employment and who do not consider the place to be their permanent residence.(10) Clean lumber--Wood or wood products that have been cut or shaped and include wet, air-dried, and kiln-dried wood products. Clean lumber does not include wood products that have been painted, pigment-stained, or pressure-treated by compounds such as chromate copper arsenate, pentachlorophenol, and creosote, or manufactured wood products that contain adhesives or resins (e.g., plywood, particle board, flake board, and oriented strand board).(11) Collected from--The transfer of material from the site at which the material is generated to a separate site where the material is burned.(12) Contained gaseous material--Gases that are in a container when that container is combusted.(13) Continuous emission monitoring system or CEMS--A monitoring system for continuously measuring and recording the emissions of a pollutant from an other solid waste incineration unit.(14) Continuous other solid waste incineration (OSWI) unit--An OSWI unit that is designed to allow waste charging and ash removal during combustion.(15) Deviation--Any instance in which a unit that meets the requirements in 40 Code of Federal Regulations (CFR) §60.2991, or an owner or operator of such a source: (A) Fails to meet any requirement or obligation established by this division, including but not limited to any emission limitation, operating limit, or operator qualification and accessibility requirements;(B) Fails to meet any term or condition that is adopted to implement an applicable requirement in this division and that is included in the operating permit for any unit that meets requirements in 40 CFR §60.2991 and is required to obtain such a permit; or(C) Fails to meet any emission limitation, operating limit, or operator qualification and accessibility requirement in this division during startup, shutdown, or malfunction, regardless of whether or not such failure is allowed by this division.(16) Dioxins/furans--Tetra-through octachlorinated dibenzo-p-dioxins and dibenzofurans.(17) Energy recovery--The process of recovering thermal energy from combustion for useful purposes such as steam generation or process heating.(18) United States Environmental Protection Agency or EPA--The administrator of the EPA or employee of the EPA that is delegated the authority to perform the specified task.(19) Institutional facility--A land-based facility owned and/or operated by an organization having a governmental, educational, civic, or religious purpose such as a school, hospital, prison, military installation, church, or other similar establishment or facility.(20) Institutional waste--Solid waste (as defined in this division) that is combusted at any institutional facility using controlled flame combustion in an enclosed, distinct operating unit: whose design does not provide for energy recovery (as defined in this division); operated without energy recovery (as defined in this division); or operated with only waste heat recovery (as defined in this division). Institutional waste also means solid waste (as defined in this division) combusted on site in an air curtain incinerator that is a distinct operating unit of any institutional facility.(21) Institutional waste incineration unit--Any combustion unit that combusts institutional waste (as defined in this division) and is a distinct operating unit of the institutional facility that generated the waste. Institutional waste incineration units include field-erected, modular, cyclonic burn barrel, and custom built incineration units operating with starved or excess air, and any air curtain incinerator that is a distinct operating unit of the institutional facility that generated the institutional waste (except those air curtain incinerators listed in 40 Code of Federal Regulations §60.2994(b)).(22) Intermittent other solid waste incineration (OSWI) unit--An OSWI unit that is designed to allow waste charging, but not ash removal, during combustion.(23) Low-level radioactive waste--Waste material that contains radioactive nuclides emitting primarily beta or gamma radiation, or both, in 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 byproduct material as defined by the Atomic Energy Act of 1954 (42 United States Code 2014(e)(2)).(24) Malfunction--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. Failures that are caused, in part, by poor maintenance or careless operation are not malfunctions.(25) Metropolitan Statistical Area--Any areas listed as metropolitan statistical areas in Office of Management and Budget Bulletin No.05 - 02 entitled "Update of Statistical Area Definitions and Guidance on Their Uses" dated February 22, 2005 (available on the Web at http://www.whitehouse.gov/omb/bulletins/).(26) Modification or modified unit--An incineration unit you have changed on or after June 16, 2006, and that meets one of two criteria:(A) The cumulative cost of the changes over the life of the unit exceeds 50 percent of the original cost of building and installing the unit (not including the cost of land) updated to current costs (current dollars). For an other solid waste incineration (OSWI) unit, to determine what systems are within the boundary of the unit used to calculate these costs, see the definition of OSWI unit.(B) Any physical change in the OSWI unit or change in the method of operating it that increases the amount of any air pollutant emitted for which the Federal Clean Air Act, §129 or §111 has established standards.(27) Municipal solid waste--Refuse (and refuse-derived fuel) collected from the general public and from residential, commercial, institutional, and industrial sources consisting of paper, wood, yard wastes, food wastes, plastics, leather, rubber, and other combustible materials and non-combustible materials such as metal, glass, and rock, provided that:(A) The term does not include industrial process wastes or medical wastes that are segregated from such other wastes; and(B) an incineration unit shall not be considered to be combusting municipal solid waste for purposes of this division if it combusts a fuel feed stream, 30 percent or less of the weight of which is comprised, in aggregate, of municipal solid waste, as determined by 40 Code of Federal Regulations §60.2993(b).(28) Municipal waste combustion unit--For the purpose of this division, any setting or equipment that combusts municipal solid waste (as defined in this division) including, but not limited to, field-erected, modular, cyclonic burn barrel, and custom built incineration units (with or without energy recovery) operating with starved or excess air, boilers, furnaces, pyrolysis/combustion units, and air curtain incinerators (except those air curtain incinerators listed in 40 Code of Federal Regulations §60.2994(b)).(29) Other solid waste incineration (OSWI) unit--Either a very small municipal waste combustion unit or an institutional waste incineration unit, as defined in this division. Unit types listed in 40 Code of Federal Regulations §60.2993 as being excluded from the division are not OSWI units subject to this division. While not all OSWI units will include all of the following components, an OSWI unit includes, but is not limited to, the municipal or institutional solid waste feed system, grate system, flue gas system, waste heat recovery equipment, if any, and bottom ash system. The OSWI unit does not include air pollution control equipment or the stack. The OSWI unit boundary starts at the municipal or institutional waste hopper (if applicable) and extends through two areas: (A) The combustion unit flue gas system, which ends immediately after the last combustion chamber or after the waste heat recovery equipment, if any; and(B) The combustion unit bottom ash system, which ends at the truck loading station or similar equipment that transfers the ash to final disposal. The OSWI unit includes all ash handling systems connected to the bottom ash handling system.(30) Particulate matter--Total particulate matter emitted from other solid waste incineration units as measured by Method 5 or Method 29 of 40 Code of Federal Regulations Part 60, Appendix A.(31) Pathological waste--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).(32) Reconstruction--Rebuilding an incineration unit and meeting two criteria: (A) The reconstruction begins on or after June 16, 2006.(B) The cumulative cost of the construction over the life of the incineration unit exceeds 50 percent of the original cost of building and installing the unit (not including land) updated to current costs (current dollars). For an other solid waste incineration (OSWI) unit, to determine what systems are within the boundary of the unit used to calculate these costs, see the definition of OSWI unit.(33) Refuse-derived fuel--A type of municipal solid waste produced by processing municipal solid waste through shredding and size classification. This includes all classes of refuse-derived fuel including two fuels: (A) Low-density fluff refuse-derived fuel through densified refuse-derived fuel; and(B) Pelletized refuse-derived fuel.(34) Shutdown--The period of time after all waste has been combusted in the primary chamber. For continuous other solid waste incineration (OSWI), shutdown shall commence no less than 2 hours after the last charge to the incinerator. For intermittent OSWI, shutdown shall commence no less than 4 hours after the last charge to the incinerator. For batch OSWI, shutdown shall commence no less than 5 hours after the high-air phase of combustion has been completed.(35) Solid waste--Any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility and other discarded material, including solid, liquid, semisolid, or contained gaseous 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 that are point sources subject to permits under the Federal Water Pollution Control Act, §402 as amended (33 United States Code (USC), §1342), or source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954, as amended (42 USC, §2014).(36) Standard conditions--When referring to units of measure, a temperature of 68 degrees Fahrenheit (20 degrees Celsius) and a pressure of 1 atmosphere (101.3 kilopascals).(37) Startup period--The period of time between the activation of the system and the first charge to the other solid waste incineration (OSWI) unit. For batch OSWI, startup means the period of time between activation of the system and ignition of the waste.(38) Very small municipal waste combustion unit--Any municipal waste combustion unit that has the capacity to combust less than 35 tons per day of municipal solid waste or refuse-derived fuel, as determined by the calculations in § 113.2356 of this title (relating to What equations must I use?).(39) Waste heat recovery--The process of recovering heat from the combustion flue gases outside of the combustion firebox by convective heat transfer only.(40) Wet scrubber--An add-on air pollution control device that utilizes an aqueous or alkaline scrubbing liquor to collect particulate matter (including nonvaporous metals and condensed organics) and/or to absorb and neutralize acid gases.(41) Wood waste--Untreated wood and untreated wood products, including tree stumps (whole or chipped), trees, tree limbs (whole or chipped), bark, sawdust, chips, scraps, slabs, millings, and shavings. Wood waste does not include:(A) Grass, grass clippings, bushes, shrubs, and clippings from bushes and shrubs from residential, commercial/retail, institutional, or industrial sources as part of maintaining yards or other private or public lands.(B) Construction, renovation, or demolition wastes.(D) Treated wood and treated wood products, including wood products that have been painted, pigment-stained, or pressure treated by compounds such as chromate copper arsenate, pentachlorophenol, and creosote, or manufactured wood products that contain adhesives or resins (e.g., plywood, particle board, flake board, and oriented strand board).(42) Yard waste--Grass, grass clippings, bushes, shrubs, and clippings from bushes and shrubs. Yard waste comes from residential, commercial/retail, institutional, or industrial sources as part of maintaining yards or other private or public lands. Yard waste does not include two items:(A) Construction, renovation, and demolition wastes.30 Tex. Admin. Code § 113.2300
The provisions of this §113.2300 adopted to be effective May 14, 2009, 34 TexReg 2771