The proposed rule amendments allow the use of EPA testing procedures to determine opacity for small incinerators, crematories, and air curtain incinerators; revise operator training requirements for biowaste incinerators and crematories; eliminate “...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION
Departmental

RULE NO: RULE TITLE
62-296.401: Incinerators
62-296.414: Concrete Batching Plants
PURPOSE AND EFFECT: The proposed rule amendments allow the use of EPA testing procedures to determine opacity for small incinerators, crematories, and air curtain incinerators; revise operator training requirements for biowaste incinerators and crematories; eliminate “identical source testing” requirement for all crematories; add equipment maintenance provisions and requirement for opacity feedback control on new crematories; and clarify applicability of concrete batching plant rule to soil cement operations.
SUMMARY: The proposed rule amendments revise and update air regulatory requirements for biological waste incineration operations, crematories, air curtain incinerators, and concrete batching plants.
SUMMARY OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 403.061 FS.
LAW IMPLEMENTED: 403.031, 403.061, 403.087 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
TIME AND DATE: Thursday, October 26, 2006, 9:00 a.m.
PLACE: Florida Department of Environmental Protection, Division of Air Resource Management, 111 South Magnolia Drive, Suite 23, Directors Conference Room, Tallahassee, Florida
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by contacting: Ms. Lynn Scearce at Florida Department of Environmental Protection, Division of Air Resource Management, 2600 Blair Stone Road, MS 5500, Tallahasse, Florida 32399-2400, or [e-mail], phone [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: John Glunn, [e-mail], phone [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

62-296.401 Incinerators.

(1) Small Incinerators. Any incinerator, other than a biological waste incinerator, human or animal crematory, or air curtain incinerator, with a charging rate of less than fifty (50) tons per day shall comply with the following requirements.

(a) Emission Limiting Standards. No Vvisible emissions shall not exceed five percent (5%) opacity except that visible emissions not exceeding fifteen (15%) twenty (20%) percent opacity are allowed for up to six (6) three (3) minutes in any one (1) hour period.

(b) No objectionable odor allowed.

(b)(c) Test Methods and Procedures.  All emission tests performed pursuant to the requirements of this subsection rule shall comply with the following requirements.

1. The reference test method for visible emissions shall be EPA DEP Method 9, as described at 40 CFR, Part 60, Appendix A, adopted and incorporated by reference at Rule 62-204.800 in Chapter 62-297, F.A.C.

2. Test procedures shall conform to the procedures specified in meet all applicable requirements of Chapter Rule 62-297.310, F.A.C. All test results shall be reported to the Department in accordance with the provisions of Rule 62-297.310, F.A.C.

(c) Frequency of Testing. The owner or operator of an incinerator subject to this subsection shall have a performance test conducted for visible emissions prior to submitting the application for an initial air operation permit, and annually thereafter.

(2)  through (3) No change.

(4) Biological Waste Incinerators Incineration Facilities.

(a) Applicability. The following requirements of this subsection apply to all biological waste incinerator units incineration facilities.

1. Any biological waste incinerator unit that is also regulated as a hospital/medical/infectious waste incinerator under 40 CFR Part 60, Subpart Ec or Ce, adopted and incorporated by reference at Rule 62-204.800, F.A.C., shall be constructed and operated so as to comply with all standards, limitations, and requirements of the applicable Subpart, and with the requirements of paragraphs 62-296.401(4)(b)-(f), F.A.C., to the extent that such requirements are stricter than, or supplemental to, the requirements of the applicable Subpart.

2. Any biological waste incinerator unit that is not regulated as a hospital/medical/infectious waste incinerator under 40 CFR Part 60, Subpart Ec or Ce, shall be constructed and operated so as to comply with all requirements of paragraphs 62-296.401(4)(b)-(f), F.A.C.

3. This subsection rule does not apply to human or animal crematories facilities licensed under the provisions of Chapter 470, F.S., which cremate human remains for which a Department of Health death certificate has been issued or fetal remains in circumstances when a fetal death certificate is not issued under Chapter 382, F.S.  This rule also does not apply to animal crematories as defined in Rule 62-210.200, F.A.C.

(b) Emission Limiting Standards.

1. For any biological waste incinerator unit with a capacity less than fifty (50) tons per day, visible emissions shall not exceed five percent (5% )opacity, six (6) minute average, except that visible emissions not exceeding fifteen percent (15%) opacity shall be allowed for up to six (6) minutes in any one (1) hour period.

2.(a) For any unit Facilities with a capacity equal to or less than 500 pounds per hour:.

1. through 2. renumbered a. through b. No change.

3.(b) For any unit Facilities with a capacity greater than 500 pounds per hour, but less than or equal to 2,000 pounds per hour:.

1. through 2. renumbered a. through b. No change.

4.(c)  For any unit Facilities with a capacity greater than 2000 pounds per hour:.

1. renumbered a. No change.

b.2. Hydrochloric acid (HCl) emissions shall not exceed fifty (50) parts per million by volume, dry basis, corrected to seven percent (7%) O2 on a three (3) hour average basis.; or As an alternative to this HCl limit, the HCl emissions produced by the unit shall be reduced, by its air pollution control equipment, by at least ninety (90%) by weight on an hourly average basis.

5. For any unit, carbon monoxide emissions (CO) shall not exceed 100 parts per million by volume, dry basis, corrected to 7% O2 on an hourly average basis.

(c)(d) Design and Operating Requirements. All biological waste incineration units facilities unless otherwise noted, shall be constructed and operated so as to comply with are subject to the following design, operating, monitoring and operator training requirements.

1. The unit Any incinerator subject to subsection 62-296.401(4), F.A.C., shall operate with a combustion zone design temperature of no less than 1800 degrees Fahrenheit for at least a 1.0 second gas residence time in the secondary (or last) combustion chamber. The pPrimary chamber and stack volumes shall not be utilized in calculating this residence time.

2. Mechanically fed units facilities shall incorporate an air lock system to prevent opening the incinerator to the room environment. The volume of the loading system shall be designed to prevent overcharging, thereby assuring complete combustion of the waste.

3. Carbon monoxide (CO) emissions shall not exceed 100 parts per million by volume, dry basis, corrected to seven percent (7%) O2 on an hourly average basis.

3.4. No change.

4.5. The owner or operator is advised to contact the Department of Health regarding requirements that may apply to any proposed burning of rRadioactive waste may not be burned in an incinerator subject to this rule unless the incinerator has been issued a Department of Health and Rehabilitative Services (DHRS) license to incinerate radioactive waste or the waste is of such quantity to be exempt in accordance with DHRS Rule 10D-91 or 10D-104.003,F.A.C.

5.6. The owner or operator is advised to contact the Department’s Division of Waste Management regarding requirements that may apply to any proposed burning of hHazardous waste may not be burned in an incinerator subject to this rule unless the incinerator has been issued a hazardous waste permit by the Department or the waste is of such quantity to be exempt in accordance with Chapter 62-730,F.A.C.

6.7. Each Any operator of the unit shall successfully complete a training program meeting the an incinerator subject to subsection 62-296.401(4), F.A.C., shall be trained by the equipment manufacturer's representative or an equivalent organization using a state-approved training program requirements of 40 CFR 60.53c(c) and the annual refresher training course requirements of 40 CFR 60.53c(f), adopted and incorporated by reference at Rule 62-204.800, F.A.C.

a. The content of the training program shall be submitted to the Department for approval.  Construction permit applicants shall submit a training program, or reference a previously submitted training program, with the construction permit application. The training shall provide a basic understanding of the principles of the combustion process, provide instruction on proper operating practices and procedures, and increase awareness of regulation requirements and safety concerns.  Training programs shall be minimum of sixteen (16) hours of instruction. The Department shall approve training programs which meet, at a minimum, the criteria set forth in the EPA Medical Waste Incinerator Operator Training Program Course Handbook EPA 453/B‑93‑018 and Instructor's Guide EPA 453/B‑93‑019.

b. A copy of the training certificate for each operator having satisfactorily completed the Department‑approved training program must be submitted to the Department within fifteen (15) days of training. If the incinerator is modified to the extent that a Department construction permit is required, the operators shall be retrained to operate the modified incinerator. Owners of new and modified incinerators shall submit copies of the operator training certificates within fifteen (15) days after completion of the initial compliance test.

c. An operator's training certificate must be kept on file at the facility for the duration of the operator's employment and for an additional two (2) years after termination of employment. The owner shall not allow the incinerator to be operated unless it is operated by an operator who has satisfactorily completed the required training program.

(d)(e) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this subsection rule shall comply with the following requirements. All EPA reference test methods are described in 40 CFR Part 60, Appendix A, adopted and incorporated by reference at Rule 62-204.800, F.A.C.

1. The reference test method for visible emissions shall be EPA DEP Method 9, incorporated in Chapter 62-297, F.A.C.

2. The reference test method for carbon monoxide shall be EPA Method 10, incorporated and adopted by reference in Chapter 62-297, F.A.C.

3. The reference test method for oxygen shall be EPA Method 3 or 3A, incorporated and adopted by reference in Chapter 62-297, F.A.C.

4. The reference test method for particulate emissions shall be EPA Method 5 or 26A, incorporated and adopted by reference in Chapter 62-297, F.A.C. The minimum sample volume shall be thirty (30) dry standard cubic feet.

5. The reference test method for hydrochloric acid shall be EPA Method 26 or 26A, incorporated and adopted by reference in Chapter 62-297, F.A.C.

6. Test procedures shall conform to the procedures specified in meet all applicable requirements of Rule Chapter 62-297.310, F.A.C. All test results shall be reported to the Department in accordance with the provisions of Rule 62-297.310, F.A.C.

(e)(f) Frequency of Testing.

1. The owner or operator of any biological waste incineration unit Facilities with a capacity equal to or less than 500 pounds per hour shall: demonstrate compliance as follows.

a. Have a performance test conducted for New and existing facilities shall demonstrate individual emissions unit compliance with the visible emissions prior to submitting the application for an initial air operation permit, standard upon initial compliance and annually thereafter.

b. Have performance tests conducted for particulate matter and hydrochloric acid prior to submitting the application for an initial or renewal air New and existing facilities shall demonstrate individual emissions unit compliance with the remaining applicable standards upon initial compliance and prior to renewing the operation permit.

2. The owner or operator of any biological waste incineration unit New and existing facilities with a capacity greater than 500 pounds per hour shall:

a. Have a performance test conducted for visible emissions prior to submitting the application for an initial air operation permit, and annually thereafter.

b. Have performance tests conducted for particulate matter and hydrochloric acid prior to submitting the application for an initial air operation permit, demonstrate individual source compliance with the applicable standards upon initial compliance and annually thereafter.

(f)(g) Continuous Emissions Monitoring Requirements. Each owner or operator of a biological waste incinerator unit incineration facility shall install, operate, and maintain, in accordance with the manufacturer's instructions, continuous emission monitoring equipment.

1. The monitors shall record the following operating parameters:.

a. through b. No change.

2. The owner or operator shall maintain aA complete file of all measurements, including continuous emissions monitoring system, monitoring device, and performance testing measurements; all continuous emissions monitoring system performance evaluations; all continuous emissions monitoring system or monitoring device calibration checks; adjustments and maintenance performed on these systems or devices; and all other information required, shall be recorded in a permanent legible form available for inspection.  The file shall be retained for at least two (2) years following the date of such measurements, maintenance, reports and records.

(5) Human Crematories.

(a) Applicability. The following requirements of this subsection apply to all human crematory units facilities.

(b) Emission Limiting Standards.

1. Visible emissions shall not exceed 5% opacity, six-minute average, except that visible emissions not exceeding 15% opacity shall be allowed for up to six minutes in any one-hour period.

(a) through (b) renumbered 2. through 3. No change.

(c) Operating Temperatures.

1. The owner or operator of any proposed new cCrematory units for which submits either a complete application for a permit to construct the a new unit or an initial air general permit registration for the new unit to was received by the Department on or after August 30, 1989, shall provide design calculations to confirm a sufficient volume in the secondary chamber combustion zone to provide for at least a 1.0 second gas residence time at 1800 degrees Fahrenheit. This information shall be provided to the Department with the air construction permit application or air general permit registration form for the proposed new unit. The actual operating temperature of the secondary chamber combustion zone shall be no less than 1600 degrees Fahrenheit throughout the combustion process in the primary chamber. The pPrimary chamber and stack volumes shall not be used in calculating this residence time. Except as provided in subparagraph 62-296.401(5)(c)2., F.A.C., cCremation in the primary chamber shall not begin unless the secondary chamber combustion zone temperature is equal to or greater than 1600 degrees Fahrenheit.

2.(d) The owner or operator of any cCrematory units for which construction began or for which a complete application for a permit to construct a new unit was received by the Department prior to August 30, 1989, shall provide design calculations to confirm a sufficient volume in the secondary chamber combustion zone to provide for at least a 1.0 second gas residence time at 1600 degrees Fahrenheit.  The maintain the actual operating temperature of the secondary chamber combustion zone at shall be no less than 1400 degrees Fahrenheit throughout the combustion process in the primary chamber. Primary chamber and stack shall not be used in calculating this residence time. Cremation in the primary chamber shall not begin unless the secondary chamber combustion zone temperature is equal to or greater than 1400 degrees Fahrenheit.

(d)(e) Allowed Materials. Human crematoryies units shall cremate only dead human or fetal remains bodies with appropriate containers. The remains bodies may be clothed. The containers shall may contain no more than 0.5 percent by weight chlorinated plastics as demonstrated by the manufacturer's data sheet. If containers are incinerated, documentation from the manufacturers certifying that they are composed of 0.5 percent or less by weight chlorinated plastics shall must be kept on-file at the site for the duration of their use and for at least two (2) years after their use. This documentation must also be submitted with any application for an initial or renewal air operation permit or air general permit notification form. No other material, including biomedical waste as defined in Rule 62-210.200, F.A.C., shall be incinerated.

(e)(f) Operator Training. All crematory unit operators shall successfully complete a training program administered be trained by the equipment manufacturer's representatives or a professional training another qualified organization. Only trained operators trained by a Department-approved training program shall be allowed to operate a human crematory unit.

1. The content of the training program shall be submitted to the Department for approval through the permitting process. Construction permit applicants shall submit a training program or reference a previously approved training program with the construction permit application. The training shall provide a basic understanding of the principles of the combustion process, provide instruction on the operation and maintenance of the specific make and model of crematory unit to be operated, and increase awareness of the regulatory requirements of this subsection and safety concerns. Training programs shall be a minimum of eight (8) hours of instruction. Training programs shall at a minimum include hands-on experience involving start-up, operation of at least one (1) cremation, shut-down of the equipment, and one (1) full cycle of preventive maintenance actions. The Department shall approve training programs which meet, at a minimum the criteria applicable to cremation set forth in the EPA Medical Waste Incinerator Operator Training Program Course Handbook, EPA 453/B‑93‑018, and Instructor's Guide, EPA 453/B‑93‑019.

2. A copy of the training certificate for each operator having satisfactorily completed the Department‑approved training program shall be kept on file at the facility for the duration of the operator's employment and for an additional two years after termination of employment must be submitted to the Department within fifteen (15) days of training. The owner of any new or modified crematory unit shall submit copies of the operator training certificates within fifteen (15) days after completion of the initial compliance test pursuant to the unit’s air construction permit.  If a crematory unit is modified to the extent that a Department air construction permit is required, the operators shall be retrained to operate the modified unit.

3. An operator's certificate must be kept on file at the facility for the duration of the operator's employment and for an additional two years after termination of employment.

(f) Equipment Maintenance. All human crematory units shall be maintained in proper working order in accordance with the manufacturer's specifications to ensure the integrity and efficiency of the equipment. If a crematory unit contains a defect that affects the integrity or efficiency of the unit, the unit shall be taken out of service. No person shall use or permit the use of that unit until it has been repaired or adjusted. Repair records on all crematory units shall be maintained onsite for at least two years. A written plan with operating procedures for startup, shutdown and malfunction of each crematory unit shall be maintained and followed during those events. Each unit’s burners shall be operated with a proper air-to-fuel ratio, and the burners’ flame characteristics shall be visually checked at least once during each operating shift. Each unit’s burners shall be adjusted when warranted by the visual checks.

(g) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this subsection rule shall comply with the following requirements. All EPA reference test methods are described in 40 CFR Part 60, Appendix A, adopted and incorporated by reference at Rule 62-204.800, F.A.C.

1. The reference test method for visible emissions shall be EPA DEP Method 9, incorporated in Chapter 62‑297, F.A.C.

2. The reference test method for carbon monoxide shall be EPA Method 10, incorporated and adopted by reference in Chapter 62‑297, F.A.C.

3. The reference test method for oxygen shall be EPA Method 3, incorporated and adopted by reference in Chapter 62‑297, F.A.C.

4. The reference test method for particulate matter emissions shall be EPA Method 5, incorporated and adopted by reference in Chapter 62‑297, F.A.C.  The minimum sample volume shall be thirty (30) dry standard cubic feet.

5. Test procedures shall conform to the procedures specified in meet all applicable requirements of Rule Chapter 62-297.310, F.A.C. All test results shall be reported to the Department in accordance with the provisions of Rule 62-297.310, F.A.C.

(h) Operation During Emissions Compliance Test.  Testing of emissions shall be conducted with the unit source operating at a the manufacturer’s recommended capacity of one (1) adult-sized cadaver.

(i) Frequency of Testing.

1. The owner or operator of any human crematory unit using an air general permit shall have a performance test conducted for visible emissions no later than thirty (30) days after the unit commences operation, and annually thereafter. New and existing facilities shall demonstrate individual source compliance with the visible emissions standard upon initial compliance and annually thereafter.  Facilities permitted pursuant to subsection 62-210.300(4), F.A.C., Air General Permits, shall demonstrate compliance within sixty (60) days prior to the submittal date of the air general permit notification form and within sixty (60) days prior to each anniversary of such date.

2. The owner or operator of any human crematory unit operating under the authority of an air construction permit or air operation permit shall have a performance test conducted for visible emissions prior to submitting the application for an initial air operation permit, and annually thereafter.

3.2. The owner or operator of any human crematory unit shall not be required to have performance tests conducted for carbon monoxide and particulate matter, except as provided at paragraph 62-297.310(7)(b), F.A.C. New and existing facilities shall demonstrate individual source compliance with the remaining applicable standards upon initial compliance and prior to renewing the operation permit or, if the facility is permitted pursuant to subsection 62-210.300(4), F.A.C., Air General Permits, within sixty (60) days prior to the submittal date of the air general permit notification form.

(j) Compliance Demonstration. Facilities may demonstrate compliance with the carbon monoxide and particulate emissions standards by submission of a test report for an identical (same make, model, and capacity) crematory unit operating in compliance with a valid Department air permit and tested pursuant to that permit. The test data in the test report must be less than five (5) years old and may or may not be obtained from the unit that is being permitted.

(j)(k) Continuous Emissions Monitoring Requirements. Each crematory unit facility shall be equipped and operated with a install, operate, and maintain continuous monitors to record temperature at the point or beyond where 1.0 second gas residence time is obtained in the secondary chamber combustion zone in accordance with the manufacturer's instructions. In addition, each crematory unit installed after January 1, 2007, shall be equipped and operated with a pollutant monitoring system to automatically control combustion based on continuous in-stack opacity measurement. Such system shall be calibrated to restrict combustion in the primary chamber whenever any opacity exceeding 15% opacity is occurring. A complete file of all temperature measurements;, all including continuous monitoring system, monitoring device, and performance testing measurements; all continuous monitoring system performance evaluations; all continuous monitoring system or monitoring device calibration checks; and all adjustments, preventive maintenance, and corrective maintenance performed on these systems or devices, shall be recorded in a permanent legible form available for inspection. Continuous temperature monitoring documentation shall include operator name, operator indication of when cremation in the primary chamber was begun begins, date, time, and temperature markings. Pollutant monitoring system documentation shall include indication of when the opacity measurement system was cleaned and checked for proper operation in accordance with the manufacturer’s recommended maintenance schedule. The file shall be retained for at least two (2) years following the recording of such measurements, maintenance, reports, and records.

(6) Animal Crematories.

(a) Applicability. The following requirements of this subsection apply to all animal crematory units facilities.

(b) Emission Limiting Standards.

1. Visible emissions shall not exceed five percent (5%) opacity, six (6) minute average, except that visible emissions not exceeding fifteen percent (15%) opacity shall be allowed for up to six (6) minutes in any one (1) hour period.

(a) through (b) renumbered 2. through 3. No change.

(c) Operating Temperatures.

1. The owner or operator of any proposed new cCrematory units for which submits either a complete application for a permit to construct the a new unit or an initial air general permit registration for the new unit to was received by the Department on or after August 30, 1989, shall provide design calculations to confirm a sufficient volume in the secondary chamber combustion zone to provide for at least a 1.0 second gas residence time at 1800 degrees Fahrenheit. This information shall be provided to the Department with the air construction permit application or air general permit registration form for the proposed new unit. The actual operating temperature of the secondary chamber combustion zone shall be no less than 1600 degrees Fahrenheit throughout the combustion process in the primary chamber. The pPrimary chamber and stack volumes shall not be used in calculating this residence time. Except as provided in subparagraph 62-296.401(6)(c)2., F.A.C., cCremation in the primary chamber shall not begin unless the secondary chamber combustion zone temperature is equal to or greater than 1600 degrees Fahrenheit.

2.(d) The owner or operator of any cCrematory units for which construction began or for which a complete application for a permit to construct a new unit was received by the Department prior to August 30, 1989, shall provide design calculations to confirm a sufficient volume in the secondary chamber combustion zone to provide for at least a 1.0 second gas residence time at 1600 degrees Fahrenheit.  The maintain the actual operating temperature of the secondary chamber combustion zone at shall be no less than 1400 degrees Fahrenheit throughout the combustion process in the primary chamber. Primary chamber and stack shall not be used in calculating this residence time. Cremation in the primary chamber shall not begin unless the secondary chamber combustion zone temperature is equal to or greater than 1400 degrees Fahrenheit.

(d)(e) Allowed Materials. Animal crematoryies units shall cremate only dead animals remains and, if applicable, the bedding and the remains associated with the animals and appropriate placed in leak-proof containers. Containers shall may contain no more than 0.5 percent by weight chlorinated plastics as demonstrated by the manufacturer’s data sheet. Plastic bags used for the cremation of animals shall be nonchlorinated and no less than three (3) mils thick. If containers are incinerated, documentation from the manufacturers certifying that they are composed of 0.5 percent or less by weight chlorinated plastics shall must be kept on-file at the site for the duration of their use and for at least two (2) years after their use. This documentation must also be submitted with any application for an initial or renewal air operation permit or air general permit notification form.

(f) Animal crematoryies units shall not cremate dead animals which were used for medical or commercial experimentation. No other material, including biomedical waste as defined in Rule 62-210.200, F.A.C., shall be incinerated.

(e)(g) Operator Training. All crematory unit operators shall successfully complete a training program administered be trained by the equipment manufacturer's representatives or a professional training another qualified organization. Only trained operators trained by a Department-approved training program shall be allowed to operate an animal crematory unit.

1. The content of the training program shall be submitted to the Department for approval through the permitting process. Construction permit applicants shall submit a training program or reference a previously approved training program with the construction permit application. The training shall provide a basic understanding of the principles of the combustion process, provide instruction on the operation and maintenance of the specific make and model of crematory unit to be operated, and increase awareness of the regulatory requirements of this subsection and safety concerns. Training programs shall be a minimum of eight (8) hours of instruction. Training programs shall at a minimum include hands-on experience involving start-up, operation of at least one (1) cremation, shut-down of the equipment, and one (1) full cycle of preventive maintenance actions. The Department shall approve training programs which meet, at a minimum the criteria applicable to cremation set forth in the EPA Medical Waste Incinerator Operator Training Program Course Handbook, EPA 453/B‑93‑018, and Instructor's Guide, EPA 453/B‑93‑019.

2. A copy of the training certificate for each operator having satisfactorily completed the Department‑approved training program shall be kept on file at the facility for the duration of the operator's employment and for an additional two (2) years after termination of employment must be submitted to the Department within fifteen (15) days of training.  The owner of any new or modified crematory unit shall submit copies of the operator training certificates within fifteen (15) days after completion of the initial compliance test pursuant to the unit’s air construction permit.  If a crematory unit is modified to the extent that a Department air construction permit is required, the operators shall be retrained to operate the modified unit.

3. An operator's certificate must be kept on file at the facility for the duration of the operator's employment and for an additional two (2) years after termination of employment.

(f) Equipment Maintenance. All animal crematory units shall be maintained in proper working order in accordance with the manufacturer's specifications to ensure the integrity and efficiency of the equipment. If a crematory unit contains a significant defect, the unit shall be taken out of service. No person shall use or permit the use of that unit until it has been repaired or adjusted. Repair records on all crematory units shall be maintained onsite for at least two (2) years. A written plan with operating procedures for startup, shutdown and malfunction of each crematory unit shall be maintained and followed during those events. Each unit’s burners shall be operated with a proper air-to-fuel ratio, and the burners’ flame characteristics shall be visually checked at least once during each operating shift. Each unit’s burners shall be adjusted when warranted by the visual checks.

(g)(h) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this subsection rule shall comply with the following requirements. All EPA reference test methods are described in 40 CFR Part 60, Appendix A, adopted and incorporated by reference at Rule 62-204.800, F.A.C.

1. The reference test method for visible emissions shall be EPA DEP Method 9, incorporated in Chapter 62‑297, F.A.C.

2. The reference test method for carbon monoxide shall be EPA Method 10, incorporated and adopted by reference in Chapter 62‑297, F.A.C.

3. The reference test method for oxygen shall be EPA Method 3, incorporated and adopted by reference in Chapter 62‑297, F.A.C.

4. The reference test method for particulate matter emissions shall be EPA Method 5, incorporated and adopted by reference in Chapter 62‑297, F.A.C.  The minimum sample volume shall be thirty (30) dry standard cubic feet.

5. Test procedures shall conform to the procedures specified in meet all applicable requirements of Rule Chapter 62-297.310, F.A.C. All test results shall be reported to the Department in accordance with the provisions of Rule 62-297.310, F.A.C.

(h)(i) Operation During Emissions Compliance Test. Testing of emissions shall be conducted with the unit source operating at a capacity that is representative of normal operations and is not greater than the manufacturer’s recommended capacity. The operating capacity shall be a batch load, in pounds, for a batch animal crematory unit and a charging rate, in pounds per hour, for a ram-charged animal crematory unit.

(i)(j) Frequency of Testing.

1. The owner or operator of any animal crematory unit using an air general permit shall have a performance test conducted for visible emissions no later than thirty (30) days after the unit commences operation, and annually thereafter. New and existing facilities shall demonstrate individual source compliance with the visible emissions standard upon initial compliance and annually thereafter. Facilities permitted pursuant to subsection 62-210.300(4), F.A.C., Air General Permits, shall demonstrate compliance within sixty (60) days prior to the submittal date of the air general permit notification form and within sixty (60) days prior to each anniversary of such date.

2. The owner or operator of any animal crematory unit with a capacity of less than 500 pounds per hour and operating under the authority of an air construction permit or air operation permit shall have a performance test conducted for visible emissions prior to submitting the application for an initial air operation permit, and annually thereafter.

3.2. The owner or operator of any animal crematory unit with a capacity of less than 500 pounds per hour shall not be required to have performance tests conducted for carbon monoxide and particulate matter, except as provided at paragraph 62-297.310(7)(b), F.A.C. New and existing facilities shall demonstrate individual source compliance with the remaining applicable standards upon initial compliance and prior to renewing the operation permit or, if the facility is permitted pursuant to subsection 62-210.300(4), F.A.C., Air General Permits, within sixty (60) days prior to the submittal date of the air general permit notification form.

4. The owner or operator of any animal crematory unit with a capacity of 500 pounds per hour or more shall have performance tests conducted for visible emissions, carbon monoxide, and particulate matter prior to submitting the application for an initial air operation permit, and annually thereafter.

(k) Compliance Demonstration. Animal Crematories may demonstrate compliance with the carbon monoxide and particulate emissions standards by submission of a test report for an identical (same make, model, and capacity) crematory air permit and tested pursuant to that permit.  The test data in the test report must be less than five (5) years old and may or may not be obtained from the unit that is being permitted.

(j)(l) Continuous Emissions Monitoring Requirements. Each animal crematory unit shall be equipped and operated with a install, operate, and maintain continuous monitors to record temperature at the point or beyond where 1.0 second gas residence time is obtained in the secondary chamber combustion zone in accordance with the manufacturer's instructions. In addition, each crematory unit installed after January 1, 2007, shall be equipped and operated with a pollutant monitoring system to automatically control combustion based on continuous in-stack opacity measurement. Such system shall be calibrated to restrict combustion in the primary chamber whenever any opacity exceeding fifteen percent (15%) opacity is occurring. A complete file of all temperature measurements;, all including continuous monitoring system, monitoring device, and performance testing measurements; all continuous monitoring system performance evaluations; all continuous monitoring system or monitoring device calibration checks; and all adjustments, preventive maintenance, and corrective maintenance performed on these systems or devices, shall be recorded in a permanent legible form available for inspection. Continuous temperature monitoring documentation shall include operator name, operator indication of when cremation in the primary chamber was begun begins, date, time, and temperature markings. Pollutant monitoring system documentation shall include indication of when the opacity measurement system was cleaned and checked for proper operation in accordance with the manufacturer’s recommended maintenance schedule. The file shall be retained for at least two (2) years following the recording of such measurements, maintenance, reports, and records.

(7) Air Curtain Incinerators.

(a) Applicability.

1. Any air curtain incinerator subject to 40 CFR Part 60, Subpart AAAA, BBBB, CCCC, DDDD or EEEE, adopted and incorporated by reference at Rule 62-204.800, F.A.C., shall be constructed and operated so as to comply with all standards, limitations, and requirements of the applicable subpart, and with the requirements of paragraph 62-296.401(7)(b), F.A.C., to the extent that those requirements are stricter than, or supplemental to, the requirements of the applicable subpart.

2. Any air curtain incinerator not subject to any subpart of 40 CFR Part 60 and not claiming the exemption from air permitting at subsection 62-210.300(3), F.A.C., shall be constructed and operated so as to comply with the requirements of paragraph 62-296.401(7)(b), F.A.C. Any air curtain incinerator, new or existing, located at a landfill for any time period or at any other site for more than six (6) months.

(b) Operating Requirements.

1.(a) Outside of startup periods, no visible emissions shall not exceed ten percent (10%) opacity, six (6) minute average five percent (5% opacity or less) shall be  allowed, except that an opacity of up to twenty percent (20%) shall be permitted for not more than three (3) minutes in any one (1) hour.

(b) During startup periods, which shall not exceed the first thirty (30) minutes of operation, an opacity of up to thirty-five (35%), averaged over a six (6) minute period, shall be allowed.

(c) The general excess emissions rule, Rule 62-210.700, F.A.C., to handle startups, shutdowns, and malfunctions, shall not apply to air curtain incinerators.

2.(d) If the air curtain incinerator employs an earthen trench, the pit walls (width and length) shall be vertical, and maintained as such, so that combustion of the waste within the pit is maintained at an adequate temperature and with sufficient air recirculation to provide enough residence time and mixing for proper combustion and control of emissions. The following dimensions for the pit must be strictly adhered to: no more than twelve feet (12’) wide, between eight feet (8’) and fifteen (15’) feet deep, and no longer than the length of the manifold. The pit shall not be dug within a previously active portion of a the landfill.

3.(e) Except as provided herein and at subsection 4., tThe only materials that shall can be burned in the an air curtain incinerator are vegetative material and untreated wood, excluding sawdust. The air curtain incinerator shall not be used to burn any biological waste, hazardous waste, asbestos-containing materials, mercury-containing devices, pharmaceuticals, tires, rubber material, residual oil, used oil, asphalt, roofing material, tar, treated wood, plastics, garbage, trash or other material prohibited to be open burned as set forth at subsection 62-256.300(2), F.A.C. wood wastes consisting of trees, logs, large brush, stumps relatively free of soil, unbagged leaves and yard trash, tree surgeon debris, and clean dry lumber such as pallets.

(f) The burning of sawdust, paper, trash, tires, garbage, plastics, liquid wastes, chemically treated or painted wood, and other similar materials is expressly prohibited.

(g) Only kerosene, diesel fuel, drip-torch fuel (as used to ignite prescribed fires), untreated wood, virgin oil, natural gas, or liquefied petroleum gas shall may be used to start the fire in the air curtain incinerator. The use of used waste oil, chemicals, gasoline, or tires to start the fire is expressly prohibited.

4. Notwithstanding the provisions of subparagraph 3., the air curtain incinerator may be used for the destruction of animal carcasses in accordance with the provisions of subsection 62-256.700(6), F.A.C. When using an air curtain incinerator to burn animal carcasses, untreated wood may also be burned to maintain good combustion.

5.(h) In no case shall the an air curtain incinerator be started before sunrise.  All For refractory lined air curtain incinerators, charging shall end no later than one (1) hour after must have completely stopped before sunset. After charging ceases, air flow shall be maintained until all material within the air curtain incinerator has been reduced to coals, and flames are no longer visible. A log shall be maintained onsite that documents daily beginning and ending times of charging. For all other air curtain incinerators, charging must have completely stopped two (2) hours before sunset.

6. The air curtain incinerator shall be attended at all times while materials are being burned or flames are visible within the incinerator.

(i) In no case shall the permitted burning rate, in tons per day, exceed the value obtained by dividing the number 100,000 by the permitted number of days that burning will be authorized to take place.

7.(j) The New air curtain incinerators shall must be located at least fifty (50) feet from any wildlands, brush, combustible structure, or paved public roadway three hundred (300) feet from any pre‑existing occupied building located off site. Air curtain incinerators existing as of October 1, 1986, must be located at least two hundred (200) feet from any occupied building located off site. The Department may issue a permit for an air curtain incinerator which does not meet this setback if the applicant submits with the application a signed affidavit from the owner(s) of all occupied buildings within the setback area that waives the setback requirement.

(k) Air curtain incinerators used at landfills may not be operated within one thousand (1000) feet of any active portion of the landfill unless the air curtain incinerator is separated from the active portion of the landfill by a controlled gate or check-in station.

8.(l) The material shall not be loaded into the air curtain incinerator such that it will protrudes above the air curtain.

9.(m) Ash shall not be allowed to build up in the pit of the air curtain incinerator to higher than one third (1/3) the pit depth or to the point where the ash begins to impede combustion, whichever occurs first.

10.(n) An detailed operation and maintenance guide shall must be available to the operators of the air curtain incinerator at all times, and the owner shall permittee must provide the proper training to all operators before they work at the incinerator. This guide shall be made available to the Department or for an inspector’s onsite review upon request The Department may request a copy of this guide.

(c)(o) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this subsection rule shall comply with the following requirements.

1. The reference test method for visible emissions shall be EPA DEP Method 9, as described at 40 CFR Part 60, Appendix A, adopted and incorporated by reference at Rule 62-204.800 in Chapter 62-297, F.A.C.

2. Test procedures shall conform to the procedures specified in meet all applicable requirements of Rule Chapter 62-297.310, F.A.C. All test results shall be reported to the Department in accordance with the provisions of Rule 62-297.310, F.A.C.

3. Records of the results of all initial and annual visible emissions tests shall be kept by the owner or operator in either paper copy or electronic format for at least five (5) years. These records shall be made available to the Department or for an inspector’s onsite review upon request.

(d) Frequency of Testing.

1. The owner or operator of any air curtain incinerator subject to this subsection shall have a performance test conducted for visible emissions prior to submitting the application for an initial air operation permit, and, except as provided at Rule 62-296.401(7)(d)2., F.A.C., annually thereafter.

2. The owner or operator of any air curtain incinerator subject to this subsection and using an earthen trench shall have a performance test conducted for visible emissions no later than thirty (30) days after it commences operation at any new trench location, and annually thereafter. However, if the air curtain incinerator will be operated for less than thirty (30) days at the new trench location, and the owner or operator has demonstrated compliance with the emissions limiting standards of paragraph 62-296.401(7)(b), F.A.C., through a visible emissions test conducted and submitted to the Department within the previous twelve (12) months, the requirement for testing within thirty (30) days of commencing operation at the new trench location shall not apply.

Specific Authority 403.061, 403.716 FS.  Law Implemented 403.021, 403.031, 403.061, 403.087, 403.716, 470.025 FS.  History - Formerly 17-2.600(1), Amended, 12-02-92, Formerly 17-296.401, Amended 11-23-94, 1-1-96, 3-13-96, 11-13-97,________.

 

62-296.414 Concrete Batching Plants. The following requirements apply to new and existing emissions units producing concrete and concrete products by batching or mixing cement and other materials. This rule also applies to facilities processing cement and other materials for the purposes of producing concrete, and to equipment used to mix cement and soil for onsite soil augmentation or stabilization.

(1) through (2) No change.

(3) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this subsection rule shall comply with the following requirements.

(a) The reference test method for visible emissions shall be EPA DEP Method 9, as described at 40 CFR, Part 60, Appendix A, adopted and incorporated by reference at Rule 62-204.800 in Chapter 62‑297, F.A.C.

(b) Test procedures shall conform to the procedures specified in meet all applicable requirements of Rule Chapter 62-297.310, F.A.C. All test results shall be reported to the Department in accordance with the provisions of Rule 62-297.310, F.A.C.

(c) through (d) No change.

(4) Frequency of Testing Compliance Demonstration.

(a) The owner or operator of any concrete batching plant using an air general permit shall have a performance test conducted for visible emissions for Per the conditions of paragraph 62-297.310(7)(a), F.A.C., each dust collector exhaust point shall be no later than thirty (30) days after commencing operation, and annually thereafter tested annually for compliance with the visible emission limiting standard of subsection 62-296.414(1), F.A.C.  New facilities permitted pursuant to subsection 62-210.300(4), F.A.C., Air General Permits, shall demonstrate initial compliance no later than thirty (30) days after beginning operation, and annual compliance within sixty (60) days prior to each anniversary of the air general permit notification form submittal date. Existing facilities permitted pursuant to subsection 62-210.300(4), F.A.C., Air General Permits, shall demonstrate compliance within sixty (60) days prior to submitting an air general permit notification form and within sixty (60) days prior to each anniversary of the air general permit notification form submittal date.

(b) The owner or operator of any concrete batching plant operating under the authority of an air construction permit or air operation permit shall have a performance test conducted for visible emissions for each dust collector exhaust point prior to submitting the application for an initial air operation permit, and annually thereafter.

Specific Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.600(14), 17-296.414, Amended 11-23-94, 1-1-96, 11-13-97,________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Larry George
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Michael Sole
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 31, 2006
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: March 3, 2006