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TITLE 30ENVIRONMENTAL QUALITY
PART 1TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 106PERMITS BY RULE
SUBCHAPTER VTHERMAL CONTROL DEVICES
RULE §106.496Air Curtain Incinerators

(a) Applicability. The commission encourages the recycling of the materials specified in this section. Composting, mulching, or other processing to produce a useable material can be authorized by §332.8 of this title (relating to Air Quality Requirements). This section authorizes any air curtain incinerator used for the burning of trees, clean lumber, and brush from land-clearing as referenced in 40 Code of Federal Regulations §60.2245, right-of-way maintenance, emergency clean-up operations, noncommercial industrial sites, and municipal solid waste sites, if operated in accordance with this section.

(b) Scope and terms. The following terms apply only to this section.

  (1) Air curtain incinerator (ACI)--An incinerator that operates by forcefully projecting a curtain of air across an open chamber or pit in which combustion occurs. Incinerators of this type can be constructed above or below ground and with or without refractory walls and floor.

  (2) Clean lumber--Wood or wood products that have been cut or shaped and includes wet, air-dried, and kiln-dried wood products. Clean lumber does not include wood products that have been painted, pigment-stained, or pressure-treated by compounds such as chromate, copper arsenate, pentachlorophenol, or creosote.

  (3) Emergency cleanup--The removal and disposal of wastes resulting from events such as high winds, floods, and other events of nature that are necessary to protect public health and safety.

  (4) Land-clearing--The removal of trees, brush, and other vegetative matter from agriculture, forest management, or land development.

  (5) Municipal solid waste sites--Landfills that may burn on- or off-site generated waste as specifically authorized by the executive director under §330.4 of this title (relating to Permit Required).

  (6) Noncommercial industrial sites--Locations at which on-site generated waste resulting from the processing or manufacturing of products may be burned. These industrial sites must be noncommercial, as limited by §335.2(d)(1) of this title (relating to Permit Required), and burn only on-site generated waste that results from the processing or manufacturing of products, and do not include sites that accept off-site generated waste for disposal or destruction.

  (7) Site--One or more contiguous or adjacent properties that are under common control of the same person, or persons under common control.

(c) Operational limits.

  (1) Distance limitations. The ACI must be operated at least 300 feet from the closest property line and any other facility with an air permit authorization under §116.110 of this title (relating to Applicability), or any ACI operating under this section.

  (2) Facility locations. ACIs may not be operated at a given site more than the following.

    (A) All facilities may operate up to a total of 600 hours in any rolling 12-month period.

    (B) Portable facilities temporarily located at a site may operate up to 180 consecutive calendar days or 600 hours, whichever occurs first. The ACI must be removed from the site after ceasing operation.

    (C) Permanent facilities may process materials for municipal solid waste or noncommercial industrial sites only.

  (3) Daily operation.

    (A) Daily burning must not commence earlier than one hour after sunrise.

    (B) Burning must be completed on the same day, not later than one hour before sunset. At the end of the burn, embers must not be flaming or smoking, and no additional fuel may be added to the ACI.

    (C) Material must not be added to the ACI in such a manner as to be stacked above the air curtain.

    (D) An operator shall remain with the ACI at all times when it is operating.

    (E) The ACI blower must remain on at the end of daily burning until enough material is consumed so that any remaining material in the trench does not flame or cause smoke that exceeds the requirement of this section when the blower is turned off.

    (F) Material not being worked, and material being stockpiled to be burned at a later date, must be kept at least 75 feet from the trench or firebox.

  (4) Visible emissions.

    (A) Visible emissions from an ACI, stockpiles, work areas, and any in-plant roads associated with the facility must not leave the property for a period exceeding 30 seconds in any six-minute period as determined by United States Environmental Protection Agency Test Method 22.

    (B) Best management practices must be used to ensure that the ACI blower is operated in a manner to minimize smoke and ash becoming airborne.

  (5) Emissions from products of combustion. Products of combustion (sulfur dioxide, nitrogen oxides, and carbon monoxide) and volatile organic compounds are authorized if the facility is operated in compliance with this section.

  (6) Compliance. Upon notification by a representative of the commission or any local air pollution control program having jurisdiction that the ACI is not complying with the conditions of this section, additional material must not be added to the ACI until the facility returns to compliance.

(d) Trench burning. An ACI operation using a trench and air manifold system must meet the following conditions.

  (1) At all times, trench dimensions must not exceed 12 feet in width, 35 feet in length, and be no less than ten feet in depth, such that the combustion of the materials within the trench is maintained.

  (2) The length of the trench must not exceed the length of the air blower manifold.

  (3) The walls of the trench must be maintained such that they remain sufficiently vertical to maintain the air curtain.

  (4) Upon removal of the ACI from the burn site, ash may be left in the trench, subject to the conditions of this section, and the trench must be completely filled with incombustible material and covered with soil.

(e) Firebox burning. An ACI operation using a manufactured aboveground container and blower system must meet the following requirements and operational limits.

  (1) The interior dimensions of the firebox must not exceed eight feet in width, 35 feet in length, and be no less than six feet in depth.

  (2) The walls of the ACI must be maintained such that they remain sufficiently vertical to maintain the air curtain and the combustion of the materials within the ACI.

  (3) The air blower manifold length must be equal to the length of the burning area.

  (4) Firebox facilities, which are equipped with refractory walls and above-fire air supply, may operate up to a total of 750 hours in any rolling 12-month period.

(f) Ash processing.

  (1) Handling. All ash generated as a result of the operation of an ACI must be handled in accordance with the following requirements.

    (A) Ash must be removed from the ACI during burning as necessary to maintain efficient combustion.

    (B) Ash must be removed from the ACI in such a manner as to minimize the ash becoming airborne.

    (C) All material removed from the ACI must be completely extinguished before being disposed of or placed in contact with combustible material, and must be stored in a manner that does not constitute a fire hazard or allow the material to smolder or burn outside of the ACI.

  (2) Disposal. The ash generated from an ACI operated under this section must be disposed of by one of the following methods:

    (A) buried on-site in an ACI trench, if deed recorded and a copy of the document is provided to the executive director as required by §330.7 of this title (relating to Deed Recordation);

    (B) sent to a Type I landfill, if the ash is containerized and no hot coals are present; or

    (C) beneficially used, if the use is determined to be acceptable by the executive director in accordance with §330.8 of this title (relating to Notification Requirements).

(g) Other requirements.

  (1) Local restrictions. This section does not exempt ACIs from any local government regulations or other local government requirements, permits, registrations, or other authorizations required by local authorities.

  (2) State air regulations. This section does not exempt ACIs from compliance with any additional state air regulations.

  (3) Federal air requirements. Registrations for permanent ACIs must address the applicability of 40 Code of Federal Regulations (CFR) Part 60, Subpart CCCC, Standards of Performance for Commercial and Industrial Solid Waste Incineration Units for Which Construction Is Commenced After November 30, 1999 or for Which Modification or Reconstruction Is Commenced on or After June 1, 2001 (as published in the December 1, 2000 issue of the Federal Register). If determined to be applicable, commercial and industrial solid waste incinerators must demonstrate compliance with this federal regulation, including initial stack sampling, opacity readings, reporting, and recordkeeping.

  (4) State waste regulations.

    (A) Landfill sites:

      (i) ACIs located at a landfill require separate authorization by the executive director in accordance with §330.4 of this title (relating to Permit Required); and

      (ii) below-ground ACIs must be located in undisturbed soil not previously excavated, built up, compacted, or used in any type of active landfill operation.

    (B) Ash disposal. For materials authorized to be burned under this section and the resulting ash from ACIs, categorized as municipal solid waste as defined in §330.2 of this title (relating to Definitions), compliance with this section serves as a commission authorization to store, process, remove, and/or dispose of the ash resulting from the operation of ACIs as required by §330.4(a) of this title.

  (5) State water regulations. Nothing in this section removes the responsibility of the owner/operator from obtaining any necessary authorization under Chapter 308 of this title (relating to Criteria and Standards for the National Pollutant Discharge Elimination System).

(h) Administrative.

  (1) Multiple locations at a single site. Multiple ACIs at a given site may be combined into a single registration if individual ACI locations at the site are in compliance with all design requirements and operating restrictions. Operations for all ACIs under common control at a given site must cumulatively meet the annual hourly limitations as listed.

  (2) Registration.

    (A) ACIs must be initially registered with the executive director using the Core Data Form and Form PI-7.

    (B) Re-registration is required when any notice of enforcement is issued by the commission, or delegated representative, to the owner or operator of an ACI facility or every five years, whichever occurs first.

    (C) Any ACI used for emergency clean-up operations does not require registration, but the owner or operator shall meet the notification requirements of this section except for the 14-day prior notice requirement.

    (D) Registration reviews will include site approval and a compliance history evaluation in accordance with Chapter 60 of this title (relating to Compliance History).

  (3) Notification. Notifications are not subject to the requirements of §106.50 of this title (relating to Registration Fees for Permits by Rule) or Chapter 60 of this title.

    (A) The owner or operator of an ACI that has previously been registered with the executive director in accordance with this section and is being relocated to a new site, other than a landfill, shall notify the appropriate regional office and any local air pollution control agency having jurisdiction over the site.

    (B) Notifications must be in writing using the Regional Standard Permit/Permit by Rule Relocation Form, include a return receipt, and be received by the regional director and any local air pollution control agency having jurisdiction over the site at least 14 calendar days prior to locating at the site.

  (4) Records. To demonstrate compliance with this section and §106.8 of this title (relating to Recordkeeping), owners or operators of ACIs shall, at a minimum, meet the following requirements.

    (A) The ACI must be equipped with a run time meter. A written record or log of the hours of operation of the ACI must be maintained at the site and made available at the request of personnel from the commission or any air pollution control program having jurisdiction. This run time record or log must be organized such that compliance with the requirements of this section can be readily determined.

    (B) Records must be kept to demonstrate compliance with all operational or location requirements of this section. These records must include a copy of the return receipt demonstrating notification to the appropriate regional office and local air pollution control programs having jurisdiction, and plot plans showing distance limits are met. For portable facilities, once relocated to a new site, records must be maintained at a central location for a two-year rolling period.

    (C) A copy of this section and any operating instructions must be kept at the burn site, followed by owners or operators, and made available at the request of personnel from the commission or any local air pollution control program having jurisdiction.

    (D) The ACI must be clearly and permanently marked with the regulated entity (preferred) or account identification number on the fan manifold or aboveground unit.


Source Note: The provisions of this §106.496 adopted to be effective June 30, 2004, 29 TexReg 6094

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