Regulatory Text: 
SECTION  4.  INCINERATORS

(Approved by EPA 04/10/80 (45 FR 24468) at 52.1620(c)(11) effective 04/10/80.)

4.01   The use or operation of an incinerator on property devoted to residential uses is prohibited.

4.02   The construction, use or operation of a new incinerator on any property is prohibited, except for replacement of existing contingency-use wood waste incinerators and only then if designed to achieve emission limitations specified in Subsection 4.06.

4.03   The use or operation of any incinerator on any property after January 1, 1976, is prohibited.

4.04   Reserved.

4.05   Crematories, classified waste incinerators, contingency-use wood waste incinerators and pathological destructors shall be exempt from Subsection 4.02 and 4.03.

For the purposes of Section 4, a "classified waste incinerator" is defined as a device intended or used for destroying waste material to effect a reduction in volume as well as the destruction of information considered vital to national security or defense as specified under the authority of an Act of Congress or an Executive Order of the President.

4.06   No person may release or discharge into the atmosphere from any incinerator particulate matter in excess of 0.08 grains per standard cubic foot of dry exhaust gas corrected to 12 percent of carbon dioxide (CO2) at standard conditions.  In measuring the combustion contaminants from incinerators used to dispose of combustible waste by burning, the carbon dioxide (CO2) produced by combustion of any liquid or gaseous fuel shall be excluded from the correction to 12 percent of carbon dioxide (CO2).  This regulation shall not apply to the fifteen (15) minute time period which is necessary to bring contingency-use wood waste-type incinerators up to operating temperatures.

4.07   Crematories, classified waste incinerators, and pathological destructors shall comply with the emission limits specified in Subsection 

4.08   Reserved.

4.09   Notwithstanding the provisions of Subsection 4.02, a contingency-use wood waste incinerator may be used when necessary during breakdown, abnormal operating conditions, or scheduled maintenance of the facilities normally producing or consuming wood waste.  Routine use of incinerators for disposal of wood waste under conditions other than those specified herein is prohibited.  During any use permitted by this section, night burning is to be kept to a minimum, and all provision of Section 19 of these regulations will apply.  Notwithstanding subsection 5.01 General of these regulations, use of a contingency-use wood waste incinerator which results in an emission of smoke as dark as Ringelmann No. 5, or 100 percent opacity is allowed, provided that such emissions are limited to a single period of no more than 15 minutes duration during any 24-hour period, however case by case exceptions may be made by the Director in the event continuous feeding becomes necessary when storage capacity is exceeded.

For the purposes of Section 4, a "contingency-use wood waste incinerator" is defined as an existing wood waste incinerator having a rated capacity of four (4) tons per hour or greater, and which is used for the disposal of wood waste only during breakdown, abnormal operating conditions or scheduled maintenance as defined in Section 19 of  these regulations.

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