Code of Federal Regulations (alpha)

CFR /  Title 40  /  Part 65  /  Sec. 65.148 Incinerators.

(a) Incinerator equipment and operating requirements. (1) Owners or operators using incinerators to meet the 98 weight-percent emission reduction or 20 parts per million by volume outlet concentration requirement as specified in Sec. 65.63(a)(2), or 40 CFR 60.562-1(a)(1)(i)(A) for process vents, or Sec. 65.83(a)(1) for high-throughput transfer racks, as applicable, shall meet the requirements of this section.

(1) Owners or operators using incinerators to meet the 98 weight-percent emission reduction or 20 parts per million by volume outlet concentration requirement as specified in Sec. 65.63(a)(2), or 40 CFR 60.562-1(a)(1)(i)(A) for process vents, or Sec. 65.83(a)(1) for high-throughput transfer racks, as applicable, shall meet the requirements of this section.

(2) Incinerators used to comply with the provisions of this subpart shall be operated at all times when emissions are vented to them.

(b) Incinerator performance test requirements. (1) Unless an initial performance test was previously conducted and submitted under the referencing subpart and except as specified in Sec. 65.157(b) and paragraph (b)(2) of this section, the owner or operator shall conduct an initial performance test of any incinerator used to comply with the provisions of this subpart according to the procedures in Sec. Sec. 65.157 and 65.158. Performance test records shall be kept as specified in Sec. 65.160(a) and (b), and a performance test report shall be submitted as specified in Sec. 65.164. As provided in Sec. 65.145(b)(1), a performance test may be used as an alternative to the design evaluation for storage vessels and low-throughput transfer rack controls. As provided in Sec. 65.146(b), no performance test is required for equipment leaks.

(1) Unless an initial performance test was previously conducted and submitted under the referencing subpart and except as specified in Sec. 65.157(b) and paragraph (b)(2) of this section, the owner or operator shall conduct an initial performance test of any incinerator used to comply with the provisions of this subpart according to the procedures in Sec. Sec. 65.157 and 65.158. Performance test records shall be kept as specified in Sec. 65.160(a) and (b), and a performance test report shall be submitted as specified in Sec. 65.164. As provided in Sec. 65.145(b)(1), a performance test may be used as an alternative to the design evaluation for storage vessels and low-throughput transfer rack controls. As provided in Sec. 65.146(b), no performance test is required for equipment leaks.

(2) An owner or operator is not required to conduct a performance test for a hazardous waste incinerator for which the owner or operator has been issued a final permit under 40 CFR part 270 and complies with the requirements of 40 CFR part 264, subpart O, or has certified compliance with the interim status requirements of 40 CFR part 265, subpart O. The owner or operator shall report as specified in Sec. 65.165(f).

(3) Unless already permitted by the applicable title V permit, if an owner or operator elects to use an incinerator to replace an existing control device at a later date, the owner or operator shall notify the Administrator, either by amendment of the regulated source's title V permit or, if title V is not applicable, by submission of the notice specified in Sec. 65.167(a) before implementing the change. Upon implementing the change, an incinerator performance test shall be performed using the methods specified in Sec. 65.157 and within 180 days if required by paragraph (b)(1) of this section. The performance test report shall be submitted to the Administrator within 60 days of completing the determination as provided in Sec. 65.164(b)(2). If an owner or operator elects to use an incinerator to replace an existing recovery device that is used on a Group 2A process vent, the owner or operator shall comply with the applicable provisions of Sec. Sec. 65.63(e) and 65.67(b) and submit the notification specified in Sec. 65.167(a).

(c) Incinerator monitoring requirements. (1) Where an incinerator is used, a temperature monitoring device capable of providing a continuous record that meets the provisions specified in paragraph (c)(1)(i) or (ii) of this section is required. Monitoring results shall be recorded as specified in Sec. 65.161. General requirements for monitoring and continuous parameter monitoring systems are contained in Sec. 65.156.

(1) Where an incinerator is used, a temperature monitoring device capable of providing a continuous record that meets the provisions specified in paragraph (c)(1)(i) or (ii) of this section is required. Monitoring results shall be recorded as specified in Sec. 65.161. General requirements for monitoring and continuous parameter monitoring systems are contained in Sec. 65.156.

(i) Where an incinerator other than a catalytic incinerator is used, a temperature monitoring device shall be installed in the fire box or in the ductwork immediately downstream of the fire box in a position before any substantial heat exchange occurs.

(ii) Where a catalytic incinerator is used, temperature monitoring devices shall be installed in the gas stream immediately before and after the catalyst bed.

(2) The owner or operator shall establish a range for monitored parameters that indicates proper operation of the incinerator. In order to establish the range, the information required in Sec. 65.165(c) shall be submitted in the Initial Compliance Status Report or the operating permit application or amendment. The range may be based upon a prior performance test meeting the specifications of Sec. 65.157(b)(1) or upon existing ranges or limits established under a referencing subpart.