12.1 Purpose

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

12.2 Authority

1. These regulations are authorized pursuant to R.I. Gen. Laws § 42-17.1-2(19) and R.I. Gen. Laws Chapter 23-23, and have been promulgated pursuant to the procedures set forth in the R.I. Administrative Procedures Act, R.I. Gen. Laws Chapter 42-35.

12.3 Application

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

12.4 Severability

1. 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.

12.5 Definitions

1. A. Unless otherwise expressly defined in this section, the terms used in this regulation shall be defined by reference to Part 0 of this Subchapter (General Definitions). As used in this regulation, the following terms shall, where the context permits, be construed as follows:

   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, such that:

      1. a. Evaporating dishes shall be ignited to at least 103ºC rather than the 550ºC specified in step 3 (a) (1);
      2. b. Determination of volatile residue, step 3 (b) may be deleted.

   2. 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:

      1. a. Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or,
      2. b. Pose a substantial present or potential hazard to human health or the environment.
      3. c. 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.
   3. 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, 1, 2 and 3 refuse.
   4. 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.
   5. 5. "Pathological incinerator" means an incinerator designed for the thermal degradation of pathological waste (Type 4 refuse).
   6. 6. "Sewage sludge incinerator" means an incinerator designed for the thermal degradation of the sludge produced by municipal sewage treatment facilities.
   7. 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.
   8. 8. "Small incinerator" means an incinerator having a capacity of less than 2,000 pounds per hour operated for the thermal degradation of Types 0, 1, 2 and 3 refuse.
   9. 9. “Special incinerator" means an incinerator designed for the thermal degradation of Types 5 and 6 refuse.
   10. 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 (10%) moisture and five percent (5%) 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 (10%) by weight of plastic bags, coated paper, laminated paper, treated corrugated cardboard, oily rags and plastic or rubber scraps.
   11. 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 (25%) moisture and ten percent (10%) 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 twenty percent (20%) by weight of restaurant or cafeteria refuse but contains little or no treated paper, plastic or rubber refuse.
   12. 12. "Type 2 refuse" means refuse, consisting of an approximately even mixture of rubbish and garbage by weight, containing up to fifty percent (50%) moisture and approximately seven percent (7%) incombustible solids, and having a heating value of approximately 4,300 Btu per pound as fired, and commonly deriving from apartment and residential occupancy.
   13. 13. "Type 3 refuse" means garbage, consisting of animal and vegetable refuse containing up to seventy percent (70%) moisture and up to five percent (5%) 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.
   14. 14. "Type 4 refuse" means human and animal remains, consisting of carcasses, organs, and solid organic refuse from hospitals, laboratories, abattoirs, animal pounds, and similar sources and any matter or materials involving or pertaining to disease or disease-producing organisms, including infectious agents and helminths.
   15. 15. "Type 5 refuse" means gaseous, liquid or semi-liquid by-product refuse from industrial operations not defined as a hazardous material.
   16. 16. "Type 6 refuse" means solid by-product refuse from industrial operations not defined as a hazardous material.

12.6 Applicability and Exemptions

1. A. Except as provided in § 12.6(B) of this Part, any incinerator, except residential incinerators and those used for the degradation of hazardous materials, must comply with the provisions and limitations of this regulation.
2. B. Any incinerator subject to §§ 39.3 through 39.10 of "Rhode Island Air Pollution Control Regulation No. 39 - Hospital/Medical/Infectious Waste Incinerators" is not subject to this regulation.

12.7 Emission Standards

1. 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 (12%) CO2, maximum two-hour average.

   12.7.2 Large, Pathological and Special Incinerators

2. 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 twelve percent (12%) CO2, maximum two-hour average.

   12.7.3 Particulate Emissions from Sewage Sludge Incinerators

3. 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.

12.7.1 Small Incinerators

12.8 Permit to Construct

1. A. 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.

2. B. No person shall construct, install or operate any incinerator before the following minimum information has been submitted to the Director:

   1. 1. Design parameters of the incinerator;
   2. 2. Design drawings of the incinerator;
   3. 3. Design specifications of air pollution control equipment;
   4. 4. Types of waste proposed to be incinerated; and,
   5. 5. Any other information required by the Director.

12.9 Determination of Compliance

1. A. Compliance with § 12.7 of this Part shall be determined by one of the following procedures:

   1. 1. Emission testing conducted by the owner or operator of the source according to 40 C.F.R. § 60, Appendix A, Method 5 or by another method that has the prior approval of or is required by the Director;
   2. 2. 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;
   3. 3. Any other emission testing method as required and approved by the Director.

12.10 Prohibitions

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

12.11 Hazardous Waste Incinerators

1. 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” Part 140-10-1 of this Title.