(b) A large MWC facility may resume accepting deliveries of PWR from a supplier if the supplier provides the following:

1. (1) A written analysis of the condition that caused the large MWC to stop accepting deliveries;
2. (2) A written description of measures the supplier implemented to correct and prevent the condition from recurring; and
3. (3) If loss of qualification was the result of failing results from analysis of a PWR sample, the analytical results of the composite sample that demonstrates the PWR being produced subsequent to the corrections meets the standards in Env-A 3308.03.

(d) A large MWC shall submit the following to the department as specified in their Title V operating permit:

1. (1) Results of analysis of PWR required by Env-A 3308.07(c); and

2. (2) Reports of any third party inspection conducted during that period, as required by Env-A 3308.07(a)(5).

   1. (i) Positive sorting. C&D processing facilities that use positive sorting - where operators pick out desirable wood from co-mingled debris - or that receive and process positive sorted C&D wood must either:

      (A) Exclude all painted wood (to the extent that only de minimis quantities inherent to processing limitations may remain) from the final product fuel,

      (B) Use X-ray Fluorescence to ensure that painted wood included in the final product fuel does not contain lead-based paint, or

      (C) Require documentation that a building has been tested for and does not include lead-based paint before accepting demolition debris from that building.

   2. (ii) Negative sorting. C&D processing facilities that use negative sorting - where operators remove contaminated or otherwise undesirable materials from co-mingled debris - must remove fines (i.e., small-sized particles that may contain relatively high concentrations of lead and other contaminants) and either:

      (A) Remove all painted wood (to the extent that only de minimis quantities inherent to processing limitations may remain),

      (B) Use X-ray Fluorescence to detect and remove lead-painted wood, or

      (C) Require documentation that a building has been tested for and does not include lead-based paint before accepting demolition debris from that building.

   3. (iii) Training. Processors must train operators to exclude or remove the materials as listed in paragraph (a)(5) of this section from the final product fuel. Records of training must include date of training held and must be maintained on-site for a period of three years.
   4. (iv) Written certification. A written certification must be obtained by the combustor for every new or modified contract, purchase agreement, or other legally binding document, from each final processor of C&D wood and must include the statement: the processed C&D wood has been sorted by trained operators in accordance with best management practices.

   Source. #12628, eff 9-27-18

   Appendix A: State Statute(s) and Federal Statute(s) and Regulations Implemented

   Rule

   State Statutes Implemented

   Federal Statutes/Regulations Implemented

   Env-A 3300

   RSA 125-C:4

   Env-A 3301

   RSA 125-C:4, I(a)

   42 U.S.C. §§7411(d) and 7429(b); 40 CFR §241

   Env-A 3302

   RSA 125-C:4, I(a)

   42 U.S.C. §§7411(d) and 7429(b);

   40 CFR §§60.51b, 60.1940 and 241.2

   Env-A 3303.01(a)

   RSA 125-C:4, I(a)

   42 U.S.C. §§7411(d) and 7429(b);

   40 CFR §60.34b

   Env-A 3303.01(b)

   RSA 125-C:4, I(a)

   42 U.S.C. §§7411(d) and 7429(b);

   40 CFR §60.33b

   Env-A 3303.01(c)

   RSA 125-C:4, I(a);
   RSA 125-M:3

   42 U.S.C. §§7411(d) and 7429(b); 40 CFR §60.33b

   Env-A 3303.01(d)

   RSA 125-C:4, I(a)

   42 U.S.C. §§7411(d) and 7429(b);

   40 CFR §60.55b

   Env-A 3303.02(a)

   RSA 125-C:4, I(a)

   42 U.S.C. §§7411(d) and 7429(b);

   40 CFR 60, Table 5 of subpart BBBB

   Env-A 3303.02(b)

   RSA 125-C:4, I(a);
   RSA 125-M:3

   42 U.S.C. §§7411(d) and 7429(b);

   40 CFR 60, Table 4 of subpart BBBB

   Env-A 3304.01

   RSA 125-C:4, I(a)

   42 U.S.C. §§7411(d) and 7429(b);

   40 CFR § 60.53b(b) and (c)

   Env-A 3304.02

   RSA 125-C:4, I(a)

   42 U.S.C. §§7411(d) and 7429(b);

   40 CFR § 60.1690 and 1695

   Env-A 3304.03

   RSA 125-C:4, I(a)

   42 U.S.C. §§7411(d) and 7429(b);

   40 CFR §60.1680

   Env-A 3305.01

   RSA 125-C:4, I(a)

   42 U.S.C. §§7411(d) and 7429(b);

   40 CFR §§60.1645, 60.1650, 60.35b, and 60.54b

   Env-A 3305.02

   RSA 125-C:4, I(a)

   42 U.S.C. §§7411(d) and 7429(b);

   40 CFR §§60.1655, 60.1660, 60.1665, 60.1670, 60.35b, and 60.54b(e), (f) & (g)

   Env-A 3306.01

   RSA 125-C:6,XI

   42 U.S.C. §§ 7411(d) and 7429(b);

   40 CFR §§60.24(b)(2), 60.38b and 60.58b

   Env-A 3306.02(a)

   RSA 125-C:6, XI

   42 U.S.C. §§7411(d) and 7429(b);

   40 CFR §§60.24(b)(2), 60.38b and 60.58b

   Env-A 3306.02(b)

   RSA 125-C:6, XI

   42 U.S.C. §§7411(d) and 7429(b);

   40 CFR §§60.1775 and 60.1780

   Env-A 3306.02(c)

   RSA 125-C:6, XI

   42 U.S.C. §§ 7411(d) and 7429(b);

   40 CFR §§ 60.1785, 60.1790, 60.1795, and 60.1800

   Env-A 3306.02(d)

   RSA 125-C:6, XI

   42 U.S.C. §§7411(d) and 7429(b); 40 CFR §60.1725

   Env-A 3306.02(e)

   RSA 125-C:6, XI

   42 U.S.C. §§7411(d) and 7429(b); 40 CFR §60.1710

   Env-A 3306.03

   RSA 125-C:6, XI

   42 U.S.C. §§7411(d) and 7429(b);

   40 CFR §§60.1805, 60.1810, 60.1815, 60.1820, and 60.1825

   Env-A 3307.01

   RSA 125-C:6, XI

   42 U.S.C. §§7411(d) and 7429(b);

   40 CFR §§60.39b and 60.59b

   Env-A 3307.02(a)

   RSA 125-C:6, XI

   42 U.S.C. §§7411(d) and 7429(b);

   40 CFR §§60.1830, 60.1835, 60.1840, 60.1845, 60.1850, and 60.1855

   Env-A 3307.02(b)

   RSA 125-C:6, XI

   42 U.S.C. §§7411(d) and 7429(b); 40 CFR §§60.1860, 60.1865, 60.1870, 60.1875, 60.1880, 60.1885, 60.1890, 60.1895, 60.1900, and 60.1905

   Env-A 3308

   RSA 125-C:4, I(a), RSA 125-C:6, XI and RSA 125-C:10-c

   42 U.S.C. §§7411(d) and 7429(b); 40 CFR §241.4(a)(5)

   Appendix B: Incorporated References

   [Not applicable to this chapter]

   Appendix C: Nitrogen Oxides (NOx) Limits for Large MWC Units

   Municipal Waste Combustor Technology

   NOx Emission Limit

   (ppm by volume, corrected to 7% oxygen, dry basis)

   Averaging Time

   (EPA Reference Method 19, §4.1)

   Mass burn waterwall

   205

   Daily arithmetic average (24 hours)

   Mass burn rotary waterwall

   250

   Daily arithmetic average (24 hours)

   Refuse-derived fuel combustor

   250

   Daily arithmetic average (24 hours)

   Fluidized bed combustor

   180

   Daily arithmetic average (24 hours)

   Mass burn refractory combustor

   No limit

   N/A

   Appendix D: Emissions Limits for Large MWC Units

   Pollutant or Parameter

   Emission Limit

   Averaging Time

   Particulate matter

   25 milligrams (mg)/dry standard cubic meter (dscm), corrected to 7 % oxygen

   3-run average (run duration specified in test method)

   Opacity

   10 percent (6-minute average)

   30 6-minute averages

   Cadmium

   0.035 mg/dscm, corrected to 7 % oxygen

   3-run average (run duration specified in test method)

   Lead

   0.40 mg/dscm, corrected to 7 % oxygen

   3-run average (run duration specified in test method)

   Mercury

   0.028 mg/dscm, corrected to 7 % oxygen, or 85 % control efficiency

   3-run average (run duration specified in test method)

   Sulfur dioxide

   29 parts per million by volume (ppmv), or 25 % of the potential sulfur dioxide emission concentration, corrected to 7 % oxygen (dry basis)

   24-hour daily block geometric average concentration or percent reduction

   Hydrogen chloride

   29 ppmv, or 5 % of the potential hydrogen chloride emission concentration, corrected to 7 % oxygen (dry basis)

   3-run average (minimum run duration is 1 hour)

   Dioxins/furans

   35 nanograms/dscm (total mass), corrected to 7% oxygen, where an electrostatic precipitator-based emission control system is employed; or

   30 nanograms/dscm (total mass) corrected to 7% oxygen, where an electrostatic precipitator-based emission control system is not employed

   3-run average (minimum run duration is 4 hours)

   Appendix E: Emissions Limits for All Small MWC Units (eff. 07-18-16)

   Pollutant or Parameter

   Emission Limit

   Averaging Time

   Particulate matter

   25 milligrams (mg)/dry standard cubic meter (dscm), corrected to 7% oxygen

   3-run average (run duration specified in test method)

   Opacity

   10 percent (6-minute average)

   30 6-minute averages

   Cadmium

   0.035 mg/dscm, corrected to 7% oxygen

   3-run average (run duration specified in test method)

   Lead

   0.4 mg/dscm, corrected to 7% oxygen

   3-run average (run duration specified in test method)

   Mercury

   0.028 mg/dscm, corrected to 7% oxygen, or 85% control efficiency

   3-run average (run duration specified in test method)

   Sulfur dioxide - daily limit

   77 ppm by volume (ppmv), or 50% of the potential sulfur dioxide emission concentration, corrected to 7% oxygen (dry basis)

   24-hour daily block geometric average concentration or percent reduction

   Sulfur dioxide - monthly limit

   29 parts ppmv, or 25% of the potential sulfur dioxide emission concentration, corrected to 7% oxygen (dry basis)

   Monthly block geometric average concentration or percent reduction

   Hydrogen chloride

   29 ppmv, or 5% of the potential hydrogen chloride emission concentration, corrected to 7% oxygen (dry basis)

   3-run average (minimum run duration is 1 hour)

   Dioxins/furans

   35 nanograms/dscm (total mass), corrected to 7% oxygen (dry basis), where an electrostatic precipitator-based emission control system is employed; or

   30 nanograms/dscm (total mass), corrected to 7% oxygen (dry basis), where an electrostatic precipitator-based emission control system is not employed

   3-run average (minimum run duration is 4 hours)

   Fugitive ash

   Visible emissions for no more than 5%

   of hourly observation period

   3 1-hour observation periods

   Appendix F: Federal Definitions

   All terms that are used in this subpart and are not defined below are given the same meaning as in the Act.

   40 CFR 241.2:

   Construction and demolition (C&D) wood means wood that is generated from the processing of debris from construction and demolition activities for the purposes of recovering wood. C&D wood from construction activities results from wood generated during any installation activity or from purchasing more wood than a project ultimately requires. C&D wood from demolition activities results from dismantling buildings and other structures, removing materials during renovation, or from natural disasters.

   40 CFR 241.4(a)(5):

   Processed wood residue means construction and demolition (C&D) wood processed from C&D debris according to best management practices. Combustors of C&D wood must obtain a written certification from C&D processing facilities that the C&D wood has been processed by trained operators in accordance with best management practices. Best management practices for purposes of this categorical listing must include sorting by trained operators that excludes or removes the following materials from the final product fuel: non-wood materials (e.g., polyvinyl chloride and other plastics, drywall, concrete, aggregates, dirt, and asbestos), and wood treated with creosote, pentachlorophenol, chromated copper arsenate, or other copper, chromium, or arsenical preservatives. In addition: