Current through Register Vol. XLI, No. 50, December 13, 2024
Section 45-6-4 - Emission Standards for Incinerators and Incineration4.1. 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; and4.8.4. The temporary air curtain incinerator is not subject to the requirements of section 9 of this rule, 45CSR14, 45CSR18, 45CSR19, or 45CSR30.4.9. Except for flares and temporary air curtain incinerators under subsection 4.8, the owner or operator of an incinerator shall post operating instructions for the incinerator clearly visible by the operator from the incinerator charging area. Such posting shall provide instruction for proper operation in order to prevent a violation of this rule.4.10. The owner and operator of an incinerator shall design, construct and operate the facility in accordance with all applicable rules promulgated by the Secretary including, but not limited to, this rule, 45CSR13, 45CSR14, 45CSR18, 45CSR19, 45CSR25, 45CSR30 and 45CSR34, as applicable.