Dual-chambered incinerators which burn only waste generated on-site and which meet the conditions of this section are exempt. Incinerators used in the processing or recovery of materials or to dispose of pathological waste as defined in §106.494 of this title (relating to Pathological Waste Incinerators (Previously SE 90)), hospital waste, and/or infectious waste are not authorized by this section.

1. (1) The incinerator shall meet the following design requirements.

   1. (A) The incinerator shall be equipped with an afterburner automatically controlled to operate with a minimum temperature of 1,400 degrees Fahrenheit and a minimum gas retention time of 0.5 seconds.
   2. (B) The manufacturer's rated capacity (burn rate) shall be 500 pounds per hour or less.
   3. (C) Stacks shall have unobstructed vertical discharge when the incinerator is operated. Properly installed and maintained spark arrestors are not considered obstructions.
   4. (D) Stack height shall be six feet above the peak of the highest building within 150 feet.

2. (2) The incinerator shall meet the following operational conditions.

   1. (A) Before construction begins, the facility shall be registered with the commission's Office of Air Quality in Austin using Form PI-7.
   2. (B) Fuel for the incinerator shall be limited to sweet natural gas, liquid petroleum gas, Number 2 fuel oil with less than 0.5% sulfur by weight, or electric power.
   3. (C) This facility shall be used solely for the disposal of the following waste materials generated on-site: paper, wood, cardboard cartons, rags, garbage (animal and vegetable wastes as defined in Chapter 101 of this title (relating to General Rules)), and combustible floor sweepings; containing overall not more than 10% treated papers, plastic, or rubber scraps. Neither garbage content nor moisture content shall exceed 50% and noncombustible solids shall not exceed 10%.
   4. (D) The manufacturer's recommended operating instructions shall be posted at the incinerator and the unit shall be operated in accordance with these instructions.
   5. (E) Incinerator owners and operators shall meet the monitoring, testing, reporting, and recordkeeping requirements found in Chapter 111 of this title (relating to Control of Air Pollution from Visible Emissions and Particulate Matter).

Source Note:The provisions of this §106.491 adopted to be effective March 14, 1997, 22 TexReg 2439; amended to be effective September 9, 1998, 23 TexReg 9060.