Mo. Code Regs. tit. 10 § 10-6.161

Current through Register Vol. 49, No.12, June 17, 2024

Section 10 CSR 10-6.161 - Commercial and Industrial Solid Waste Incinerators

PURPOSE: This amendment updates the incorporation by reference language to align this rule with other rules in 10 CSR 10, and current information in 40 CFR 60 and 63. The evidence supporting the need for this proposed rulemaking, per 536.016, RSMo, is current 40 CFR 60 and 63.

(1) Applicability.

(A) This rule applies to commercial and industrial solid waste incinerator (CISWI) units, defined by section (2) of this rule, as follows:

1. Energy recovery units, waste burning kilns, and small remote incinerators that commenced construction on or before June 4, 2010, or commenced modification or reconstruction after June 4, 2010 but no later than August 7, 2013;

2. Other CISWI incinerators that commenced construction on or before November 30, 1999 and were not modified or reconstructed after June 1, 2001; and

3. Other CISWI incinerators that commenced construction after November 30, 1999, but no later than June 4, 2010, or commenced modification or reconstruction on or after June 1, 2001 but no later than August 7, 2013.

(B) If the owner or operator of a CISWI unit makes changes that meet the definition of modification or reconstruction on or after June 1, 2001, the CISWI unit becomes subject to 40 CFR 60 subpart CCCC and the CISWI state plan no longer applies to that unit.

(C) Exemptions to this rule are as follows:

1. This rule does not apply to combustion units listed in 40 CFR 60.2555; and

2. If the owner or operator of a CISWI unit makes physical or operational changes to an existing CISWI unit primarily to comply with the CISWI state plan, 40 CFR 60 sub-part CCCC does not apply to that unit because such changes do not qualify as modifications or reconstructions under 40 CFR 60 subpart CCCC.

(2) Definitions. The provisions of 40 CFR 60.2875, promulgated as of July 1, 2022, are hereby incorporated by reference in this rule, as published by the U.S. Government Publishing Office and available at https://bookstore.gpo.gov/ or for mail orders, print and fill out an order form online and mail to U.S. Government Publishing Office, PO Box 979050, St. Louis, MO 63197-9000. This rule does not incorporate any subsequent amendments or additions.

(3) General Provisions. The following references to the provisions of 40 CFR 60.2575 through 60.2735, 40 CFR 60.2805 through 60.2870, 40 CFR 60, subpart DDDD Tables 1 through 9, 40 CFR 63.1348 through 63.1350, and 40 CFR 60, Appendix B Specifications 12A and 12B, promulgated as of July 1, 2022, apply and said provisions are hereby incorporated by reference in this rule, as published by the U.S. Government Publishing Office and available at https://bookstore.gpo.gov/ or for mail orders, print and fill out an order form online and mail to U.S. Government Publishing Office, PO Box 979050, St. Louis, MO 63197-9000. This rule does not incorporate any subsequent amendments or additions:

(A) Increments of Progress 40 CFR 60.2575 through 60.2615 and 40 CFR 60.2815 through 60.2855;

(B) Waste Management Plan 40 CFR 60.2620 through 60.2630;

(C) Operator Training and Qualification 40 CFR 60.2635 through 60.2665;

(D) Emission Limitations and Operating Limits- 40 CFR 60.2670 through 60.2680 and 40 CFR 60.2860;

(E) Performance Testing 40 CFR 60.2690 through 60.2695;

(F) Initial Compliance Requirements- 40 CFR 60.2700 through 60.2706. If the owner or operator of a waste-burning kiln chooses to switch to and comply with the equivalent production-based mercury emission limit in subparagraph (3)(K)1.B. of this rule, initial compliance shall be demonstrated pursuant to 40 CFR 63.1348(a)(5). The initial compliance test must begin on the first operating day following completion of the field testing and data collection that demonstrates that the continuous emissions monitoring system has satisfied the relevant performance acceptance criteria of Performance Specifications 12A or 12B in 40 CFR 60 Appendix B. The notification required by 40 CFR 60.2760(a) through (c) shall also include the owner or operators intention to comply with the equivalent production-based mercury emission limit in subparagraph (3)(K)1.B. of this rule. For waste-burning kilns choosing to comply with the equivalent production-based mercury emission limit in paragraph (3)(K)1.B. of this rule, the term operating day in 40 CFR 63.1348(a)(5), 40 CFR 63.1348(b)(7) and 40 CFR 63.1349(b)(5) means any twenty-four (24)-hour period beginning at 12:00 midnight during which the kiln produces any amount of clinker. The requirements of 40 CFR 63.1348(a)(5), 40 CFR 63.1348 (b)(7), 63.1349(b)(5), and 40 CFR 60 Appendix B Specifications 12A and 12B July 1, 2018 are hereby incorporated by reference as published by the Office of the Federal Register. Copies can be obtained from the U.S. Publishing Office Bookstore, 710 N. Capitol Street NW, Washington, DC 20401. This rule does not incorporate any subsequent amendments or additions apply;

(G) Continuous Compliance Requirements- 40 CFR 60.2710 through 60.2725. If the owner or operator of a waste-burning kiln chooses to switch to and comply with the equivalent production-based mercury emission limit in subparagraph (3)(K)1.B. of this rule, continuous compliance shall be demonstrated pursuant to the procedures of 40 CFR 63.1348(b)(7) and 40 CFR 63.1349(b)(5). The requirements of 40 CFR 63.1348(b)(7) and 63.1349(b)(5) apply;

(H) Monitoring- 40 CFR 60.2730 through 60.2735 and 40 CFR 60.2865. If the owner or operator of a waste-burning kiln chooses to switch to and comply with the equivalent production-based mercury emission limit in subparagraph (3)(K)1.B. of this rule, it must also monitor mercury pursuant to 40 CFR 63.1350(k), the clinker production rate pursuant to 40 CFR 63.1350(d), and the flow rate pursuant to 40 CFR 63.1350(n). An owner or operator of a waste-burning kiln is not required to develop an emissions monitoring plan pursuant to 40 CFR 63.1350(p)(1) through (p)(4) if the owner or operator prepares the emissions monitoring plan required pursuant to 40 CFR 60.2710(k) and 40 CFR 60.2710(l). The requirements of 40 CFR 63.1350(d), (k), (n), and (p)(1) apply;

(I) Title V Operating Permits 40 CFR 60.2805;

(J)40 CFR 60 subpart DDDD Table 1 through Table 9. The compliance dates for the increments of progress are-

1. For Increment 1, the final control plan must be submitted within one (1) year of March 30, 2014; and

2. For Increment 2, for CISWI units that commenced construction on or before June 4, 2010, the final compliance date is February 7, 2018; and

(K) Other requirements:

1. Units applicable under paragraph (1)(A)1. of this rule must comply with the emission limits as follows:

A. For energy recovery units, Table 7 of 40 CFR 60 subpart DDDD;

B. For waste burning kilns, Table 8 of 40 CFR 60 subpart DDDD; and

C. For small remote incinerators, Table 9 of 40 CFR 60 sub-part DDDD;

2. Units applicable under paragraph (1)(A)2. of this rule, Table 2 of 40 CFR 60 subpart DDDD; and

3. Units applicable under paragraph (1)(A)3. of this rule, Table 6 of 40 CFR 60 subpart DDDD or Table 1 of 40 CFR 60 subpart CCCC, whichever is more stringent.

(4) Reporting and Record Keeping. The provisions of 40 CFR 60.2740 through 60.2800 and 40 CFR 60.2870, promulgated as of July 1, 2022, apply and are hereby incorporated by reference in this rule, as published by the U.S. Government Publishing Office and available at https://bookstore.gpo.gov/ or for mail orders, print and fill out an order form online and mail to U.S. Government Publishing Office, PO Box 979050, St. Louis, MO 63197-9000. This rule does not incorporate any subsequent amendments or additions. If the owner or operator of a waste-burning kiln chooses to switch to and comply with the equivalent production-based mercury emission limit in subparagraph (3) (K)1.B. of this rule, it shall also keep records of all data collected from the continuous flow rate monitoring system required by 40 CFR 63.1350(n), all data collected from the clinker production monitoring system required by 40 CFR 63.1350(d), and all calculated thirty- (30-)operating day rolling average values derived from the mercury monitoring system. Units in the waste-burning kiln subcategory complying with the equivalent production-based mercury emission limit in subparagraph (3)(K)1.B. of this rule must also report all deviations from the equivalent production-based mercury limit in accordance with 40 CFR 60.2740 through 40 CFR 60.2800. The requirements of 40 CFR 63.1350(d) and (n) apply.

(5) Test Methods. (Not applicable).

10 CSR 10-6.161

AUTHORITY: section 643.050, RSMo Supp. 2013. * Original rule filed July 12, 2013, effective 3/30/2014.

Amended by Missouri Register January 2, 2019/Volume 44, Number 1, effective 2/28/2019

Amended by Missouri Register January 15, 2020/Volume 45, Number 2, effective 2/29/2020

Amended by Missouri Register January 2, 2024/volume 49, Number 01, effective 2/29/2024.

*Original authority: 643.050, RSMo 1965, amended 1972, 1992.