STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

OFFICE OF AIR RESOURCES

AIR POLLUTION CONTROL REGULATION NO. 12

INCINERATORS

Effective 28 February 1972

Last Amended  19 July 2007

AUTHORITY:	These regulations are authorized pursuant to R.I. Gen. Laws
§ 42-17.1-2(s) and 23-23, as amended, and have been promulgated
pursuant to the procedures set forth in the R.I. Administrative
Procedures Act, R.I. Gen. Laws Chapter 42-35.

RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

OFFICE OF AIR RESOURCES

AIR POLLUTION CONTROL REGULATION NO. 12

INCINERATORS

12.1	Definitions

Unless otherwise expressly defined in this section, the terms used in
this regulation shall be defined by reference to the Rhode Island Air
Pollution Control General Definitions Regulation.  As used in this
regulation, the following terms shall, where the context permits, be
construed as follows:

12.1.1	"Dry sludge" means the total solids residue determined in
accordance with "224 G. Method for Solid and Semisolid Samples,"
Standard Methods for the Examination of Water and Wastewater, Thirteenth
Edition, American Public Health Association, Inc., New York, New
York,1971, pp. 539-41, as amended, such that:

(a)	Evaporating dishes shall be ignited to at least 103oC rather than
the 550oC specified in step 3 (a) (1);

(b)	Determination of volatile residue, step 3 (b) may be deleted.

12.1.2	"Hazardous material" means any material or combination of
materials of a solid, liquid, contained gaseous, or semisolid form that
because of quantity, concentration, or physical, chemical or other
characteristics may:

(a)	cause or significantly contribute to an increase in mortality or an
increase in serious irreversible or incapacitating reversible illness;
or

(b)	pose a substantial present or potential hazard to human health or
the environment.

Such materials include, but are not limited to, those that are toxic,
corrosive, flammable, irritants, strong sensitizers, substances that are
assimilated or concentrated in and are detrimental to tissue or that
generate pressure through decomposition or chemical reaction.

12.1.3	"Large incinerator" means an incinerator having a capacity of
2,000 pounds or more per hour operated for the thermal degradation of
Types 0, l, 2 and 3 refuse.

12.1.4	"Multiple chamber incinerator" means an incinerator with two or
more

refractory-lined combustion chambers in series separated physically by
refractory walls, interconnected by gas passages, and employing adequate
design parameters necessary for maximum combustion of the refuse
materials.

12.1.5	"Pathological incinerator" means an incinerator designed for the
thermal degradation of pathological waste (Type 4 refuse).

12.1.6	"Sewage sludge incinerator" means an incinerator designed for the
thermal degradation of the sludge produced by municipal sewage treatment
facilities.

12.1.7	"Single chamber flue-fed incinerator" means an incinerator with
one combustion chamber and a single flue that serves as both the
charging chute and the flue to transport products of combustion to the
atmosphere.

12.1.8	"Small incinerator" means an incinerator having a capacity of
less than 2000 pounds per hour operated for the thermal degradation of
Types 0, l, 2 and 3 refuse.

12.1.9	“Special incinerator" means an incinerator designed for the
thermal degradation of Types 5 and 6 refuse.

12.1.10	"Type O refuse" means trash, consisting of a mixture of highly
combustible refuse such as paper, cardboard, cartons, wood boxes and
combustible floor sweepings, containing approximately ten percent
moisture and five percent incombustible solids, and having a heating
value of approximately 8,500 Btu per pound as fired, and deriving from
commercial and industrial activities. The mixtures contain up to ten
percent by weight of plastic bags, coated paper, laminated paper,
treated corrugated cardboard, oily rags and plastic or rubber scraps.

12.1.11	"Type 1 refuse" means rubbish, consisting of a mixture of
combustible refuse such as paper, cardboard, cartons, wood scraps,
foliage and combustible floor sweepings, containing approximately 25
percent moisture and ten percent combustible solids and having a heating
value of approximately 6,500 Btu per pound as fired, and deriving from
domestic, commercial and industrial activities. The mixture contains up
to 20 percent by weight of restaurant or cafeteria refuse but contains
little or no treated paper, plastic or rubber refuse.

12.1.12	"Type 2 refuse" means refuse, consisting of an approximately
even mixture of rubbish and garbage by weight, containing up to 50
percent moisture and approximately seven percent incombustible solids,
and having a heating value of approximately 4,300 Btu per pound as
fired, and commonly deriving from apartment and residential occupancy.

12.1.13	"Type 3 refuse" means garbage, consisting of animal and
vegetable refuse containing up to 70 percent moisture and up to five
percent incombustible solids and having a heating value of approximately
2,500 Btu per pound as fired and deriving from restaurants, cafeterias,
hotels, hospitals, markets and like installations.

12.1.14	"Type 4 refuse" means human and animal remains, consisting of
carcasses, organs, and solid organic refuse from hospitals,
laboratories, abbatoirs, animal pounds, and similar sources and any
matter or materials involving or  pertaining to disease or
disease-producing organisms, including infectious agents and helminths.

12.1.15	"Type 5 refuse" means gaseous, liquid or semiliquid by-product
refuse from industrial operations not defined as a hazardous material.

12.1.16	"Type 6 refuse" means solid by-product refuse from industrial
operations not defined as a hazardous material.

12.2	Applicability and Exemptions

12.2.1	Except as provided in subsection 12.2.2, any incinerator, except
residential incinerators and those used for the degradation of hazardous
materials, must comply with the provisions and limitations of this
regulation.

12.2.2	Any incinerator subject to Sections 39.3 through 39.10 of Rhode
Island Air Pollution Control Regulation No. 39 is not subject to this
regulation.

12.3	Emission Standards

		12.3.1	Small Incinerators

No person shall construct, install, use or cause to be used any small
incinerator that will emit more than 0.16 gr/dscf (0.36 g/dscm) of
particulate matter corrected to 12 percent CO2, maximum two-hour
average.

		12.3.2	Large, Pathological and Special Incinerators

No person shall construct, install, use or cause to be used any large,
pathological or special incinerator that will emit more than 0.08
gr/dscf (0.18 g/dscm) of particulate matter corrected to 12 percent CO2,
maximum two-hour average.

		12.3.3	Particulate Emissions from Sewage Sludge Incinerators

No person shall construct, install, use or cause to be used any sewage
sludge incinerator that will emit more than 1.30 pounds of particulate
matter per ton of dry sludge input.

12.4	Permit to Construct

12.4.1	No person shall construct, install, use or cause to be used any
incinerator unless it is a type approved by the Director for being
effective for air pollution control.

12.4.2	No person shall construct, install or operate any incinerator
before the

following minimum information has been submitted to the Director:

(a)	Design parameters of the incinerator;

(b)	Design drawings of the incinerator;

(c)	Design specifications of air pollution control equipment;

(d)	Types of waste proposed to be incinerated; and

(e)	Any other information required by the Director.

12.5	Determination of Compliance

Compliance with Section 12.3 shall be determined by one of the following
procedures:

Emission testing conducted by the owner or operator of the source
according to Method 5 of Appendix A to Part 60 of Title 40 of the Code
of Federal Regulations, or by another method that has the prior approval
of or is required by the Director;

(b)	Technical evaluation based on such factors which may include type(s)
of refuse burned; design of the incinerator, design efficiency of air
pollution control systems, and emission test results on similar
incinerators;

(c)	Any other emission testing method as required and approved by the
Director.

12.6	Prohibitions

12.6.1	No person shall construct, install, use or cause to be used any
single chamber flue-fed incinerator.

12.7	Hazardous Waste Incinerators

Rules and regulations governing the incineration of hazardous waste are
contained in the Office of Waste Management’s regulations entitled
“Rules and Regulations for Hazardous Waste Management”

General Provisions

Purpose

The purpose of this regulation is to limit particulate emissions from
incinerators.

Authority

These regulations are authorized pursuant to R.I. Gen. Laws §
42-17.1-2(s) and 23-23, as amended, and have been promulgated pursuant
to the procedures set forth in the R.I. Administrative Procedures Act,
R.I. Gen. Laws Chapter 42-35

Application

The terms and provisions of this regulation shall be liberally construed
to permit the Department to effectuate the purposes of state law, goals
and policies.

Severability

If any provision of this regulation or the application thereof to any
person or circumstance, is held invalid by a court of competent
jurisdiction, the validity of the remainder of the regulation shall not
be affected thereby.

Effective Date

The foregoing regulation, "Incinerators”, as amended, after due
notice, is hereby adopted and filed with the Secretary of State this
__29th___ day of _____June______, 20_07 to become effective twenty (20)
days thereafter, in accordance with the provisions of Chapters 23-23,
42-35, 42-17.1, 42-17.6, of the General Laws of Rhode Island of 1956, as
amended.

W. Michael Sullivan, PhD., Director

Department of Environmental Management

Notice Given on:	February 21, 2007

Public Hearing held:	    March 23, 2007

Filing Date:	June 29, 2007

Effective Date:  July 19, 2007

 

 

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