Rule 11-2-1.13 - Provisions for Existing Commercial and Industrial Solid Waste Incineration UnitsA. Emission Standards. Provisions under this paragraph that apply to existing commercial and industrial solid waste incineration (CISWI) units are the requirements that are contained in 40 CFR 60.2575 through 60.2875. All such requirements are hereby adopted by reference by the Commission as official regulations of the State of Mississippi and shall hereafter be enforceable as such.B. Applicability. The requirements of Rule 1.13 shall apply to each existing commercial and industrial solid waste incineration unit that commenced construction on or before November 30, 1999 and meets the following criteria: (1) Commercial and industrial solid waste incineration (CISWI) unit means any combustion device that combusts commercial and industrial waste. The boundaries of a CISWI unit are defined as, but not limited to, the commercial or industrial solid waste fuel feed system, grate system, flue gas system, and bottom ash. The CISWI unit does not include air pollution control equipment or the stack. The CISWI unit boundary starts at the commercial and industrial solid waste hopper (if applicable) and extends through two areas: (a) the combustion unit flue gas system, which ends immediately after the last combustion chamber 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. It includes all ash handling systems connected to the bottom ash handling system.(2) Commercial and industrial waste means solid waste combusted in an enclosed device using controlled flame combustion without energy recovery that is a distinct operating unit of any commercial or industrial facility (including field-erected, modular, and custom built incineration units operating with starved or excess air), or solid waste combusted in an air curtain incinerator without energy recovery that is a distinct operating unit of any commercial or industrial facility.(3) Solid waste means 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 which are point sources subject to permits under Section 402 of the Federal Water Pollution Control Act, as amended ( 42 U.S.C. 1342), or source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954, as amended ( 42 U.S.C. 2014) .(4) Solid waste combustion units are exempt from the requirements of Rule 1.13 as described and set forth below: (a) Pathological waste incineration units. Incineration units burning 90 percent 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, and/or chemotherapeutic waste as defined in 40 CFR 60.2875 are not subject to the requirements of Rule 1.13 if the owner or operator of the CISWI unit meets the two requirements specified in (a)(1) and (2) of this paragraph. (1) Notify the Executive Director that the unit meets these criteria.(2) Keep records on a calendar quarter basis of the weight of pathological waste, low-level radioactive waste, and/or chemotherapeutic waste burned, and the weight of all other fuels and wastes burned in the unit.(b) Agricultural waste incineration units. Incineration units burning 90 percent 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 are not subject to the requirements of Rule 1.13 if the owner or operator of the CISWI unit meets the two requirements specified in (b)(1) and (2) of this paragraph. (1) Notify the Executive Director that the unit meets these criteria.(2) Keep 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.(c) Municipal waste combustion units. Incineration units that meet either of the two criteria specified in (c)(1) and (2) of this paragraph. (1) Are regulated under 40 CFR 60, Subpart Ea (Standards of Performance for Municipal Waste Combustors); 40 CFR 60, Subpart Eb (Standards of Performance for Municipal Waste Combustors for Which Construction is Commenced After September 20, 1994); 40 CFR 60, Subpart Cb (Emission Guidelines and Compliance Time for Large Municipal Combustors that are Constructed on or Before September 20, 1994); 40 CFR 60, Subpart AAAA (Standards of Performance for New Stationary Sources: Small Municipal Waste Combustion Units); or 40 CFR 60, Subpart BBBB (Emission Guidelines for Existing Stationary Sources: Small Municipal Waste Combustion Units).(2) Burn greater than 30 percent municipal solid waste or refuse-derived fuel, as defined in Subpart Ea, Subpart Eb, Subpart AAAA, and Subpart BBBB, and that have the capacity to burn less than 35 tons (32 megagrams) per day of municipal solid waste or refuse-derived fuel, if the owner or operator of the CISWI unit meets the two requirements in (c)(2)(i) and (ii) of this paragraph. (i) Notify the Executive Director that the unit meets these criteria.(ii) Keep 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.(d) Medical waste incineration units. Incineration units regulated under 40 CFR 60, Subpart Ec (Standards of Performance for Hospital/Medical/Infectious Waste Incinerators for Which Construction is Commenced After June 20, 1996) or 40 CFR 60, Subpart Ca (Emission Guidelines and Compliance Times for Hospital/Medical/Infectious Waste Incinerators).(e) Small power production facilities. Units that meet the three requirements specified in (e)(1) through (3) of this paragraph. (1) 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) ).(2) The unit burns homogeneous waste (not including refuse-derived fuel) to produce electricity.(3) The owner or operator of the CISWI unit notifies the Executive Director that the unit meets all of these criteria.(f) Co-generation facilities. Units that meet the three requirements specified in (f)(1) through (3) of this paragraph. (1) The unit qualifies as a co-generation facility under section 3(18)(B) of the Federal Power Act ( 16 U.S.C. 796(18)(B) ).(2) 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.(3) The owner or operator of the CISWI unit notifies the Executive Director that the unit meets all of these criteria.(g) Hazardous waste combustion units. Units that meet either of the two criteria specified in (g)(1) or (2) of this paragraph. (1) Units for which the owner or operator is required to get a permit under section 3005 of the Solid Waste Disposal Act.(2) Units regulated under Subpart EEE of 40 CFR Part 63 (National Emission Standards for Hazardous Air Pollutants from Hazardous Waste Combustors).(h) Materials recovery units. Units that combust waste for the primary purpose of recovering metals, such as primary and secondary smelters.(i) Air curtain incinerators. Air curtain incinerators that burn only the materials listed in (h)(1) through (3) of this paragraph are only required to meet the requirements under "Air Curtain Incinerators" 40 CFR 60.2810 through 60.2870. (1) 100 percent wood waste.(2) 100 percent clean lumber.(3) 100 percent mixture of only wood waste, clean lumber, and/or yard waste.(j) Cyclonic barrel burners. (See 40 CFR 60.2875) (k) Rack, part, and drum reclamation units. (See 40 CFR 60.2875) (l) Cement kilns. Kilns regulated under Subpart LLL of 40 CFR Part 63 (National Emission Standards for Hazardous Air Pollutants from the Portland Cement Manufacturing Industry).(m) Sewage sludge incinerators. Incineration units regulated under Subpart O of 40 CFR Part 60 (Standards of Performance for Sewage Treatment Plants).(n) Chemical recovery units. 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 seven types of units described in (n)(1) through (7) of this paragraph are considered chemical recovery units. (1) Units burning only pulping liquors (i.e., black liquor) that are reclaimed in a pulping liquor recovery process and reused in the pulping process.(2) Units burning only spent sulfuric acid used to produce virgin sulfuric acid.(3) Units burning only wood or coal feedstock for the production of charcoal.(4) Units burning only manufacturing byproduct streams/residues containing catalyst metals which are reclaimed and reused as catalysts or used to produce commercial grade catalysts.(5) Units burning only coke to produce purified carbon monoxide that is used as an intermediate in the production of other chemical compounds.(6) Units burning only hydrocarbon liquids or solids to produce hydrogen, carbon monoxide, synthesis gas, or other gases for use in other manufacturing processes.(7) Units burning only photographic film to recover silver.(o) Laboratory analysis units. Units that burn samples of materials for the purpose of chemical or physical analysis.C. Schedule for compliance. (1) Except as provided in sub-paragraph (2), each designated or affected facility to which the provisions of Rule 1.13 are applicable, shall comply with the emission standards and requirements set forth in Rule 1.13 not later than December 1, 2003.(2) Any designated or affected facility that does not comply with sub-paragraph (1) shall be subject to the increments of progress requirements set forth in 40 CFR 60.2575 through 60.2605 and shall comply as follows: (a) Increment 1 - Submit final control plan - April 1, 2003(b) Increment 2 - Achieve final compliance - December 1, 2005D. Permitting requirements. Each CISWI unit affected by the provisions of Rule 1.13 shall be subject to the permitting requirements of Title 11, Part 2, Chapter 6, Air Emissions Operating Permit Regulations for the Purposes of Title V of the Federal Clean Air Act; and the owner and/or operator of the affected facility shall submit the necessary permit application not later than April 1, 2003. Beginning December 1, 2003, affected facilities shall only operate pursuant to authorization, or a permit issued, pursuant to the operating permit regulations referenced herein.E. Clarifications of terminology. Clarification for certain terms contained in the requirements adopted by reference into Rule 1.13 are as follows: (1) The term "Administrator", as it relates to the State Air Pollution Control Agency in 40 CFR 60.2575 through 60.2875, means the "Executive Director" of the Mississippi Department of Environmental Quality.(2) The term "You" in 40 CFR 60.2575 through 60.2875 means the owner or operator of a CISWI unit.(3) The term "State Plan" in 40 CFR 60.2575 through 60.2875 means the plan (including the requirements set forth in Rule 1.13) submitted to the U.S. Environmental Protection Agency that implement the emission guidelines contained in 40 CFR 60, Subpart DDDD. Miss. Code Ann. §§ 49-2-9(1)(b), 49-17-17- 49-2-1, et seq. and 49-17-1, et seq.