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PROPOSED RULES

obtained from the American Society of Mechanical Engineers (ASME), 22 Law Drive, Fairfield, NJ 07007, at a cost of forty nine dollars ($49.00).
(i)  Compliance Schedules.
(1)The owner or operator of a large municipal waste combustor shall choose one of the following three compliance schedule options:

(A)comply with all the requirements or close before August 1, 2000;

(B)comply with all the requirements before three years following the date of issuance of a revised construction and operation permit, if permit modification is required, or after August 1, 2000, but before August 1, 2002, if a permit modification is not required. If this option is chosen, then the owner or operator of the facility shall submit to the Director measurable and enforceable incremental steps of progress towards compliance which include:

(i)a date by which contracts for the emission control system or equipment shall be awarded or orders issued for purchase of component parts;

(ii)a date by which on site construction, installation, or modification of emission control equipment shall begin;

(iii)a date by which on site construction, installation, or modification of emission control equipment shall be completed;

(iv)a date for initial start-up of emissions control equipment;

(v)a date for initial performance test(s) of emission control equipment; and

(vi)a date by which the municipal waste combustor shall be in compliance with this Rule, which shall be no later than three years from the issuance of the permit; or

(C)close between August 1, 2000, and August 1, 2002. If this option is chosen then the owner or operator of the facility shall submit to the Director a closure agreement which includes the date of the plant closure.

(2)All large municipal waste combustors for which construction, modification, or reconstruction commenced after June 26, 1987, but before September 19, 1994, shall comply with the emission limit for mercury specified in Subparagraph (c)(8) of this Rule and the emission limit for dioxin and furan specified in Subparagraph (c)(11) of this Rule within one year following issuance of a revised construction and operation permit, if a permit modification is required, or by August 1, 2000, whichever is later.
(3)The owner or operator of a class I municipal waste combustor shall choose one of the following four compliance schedule options:

(A)comply with all requirements of this Rule beginning July 1, 2002;

(B)comply with all requirements of this Rule by July 1, 2002 whether a permit modification is required or not. If this option is chosen, then the owner or operator shall submit to the Director along with the permit application if a permit application is

needed or by September 1, 2002 if a permit application is not needed a compliance schedule that contains the following increments of progress:

(i)a final control plan as specified in 40 CFR 60.1610;

(ii)a date by which contracts for the emission control system or equipment shall be  awarded or orders issued for purchase of component parts;

(iii)a date by which onsite construction, installation, or modernization of emission control system or equipment shall begin;

(iv)a date by which  onsite construction, installation, or modernization of emission control system or equipment shall be completed; and

(v)a date by which the municipal waste combustor shall be in compliance with this Rule, which shall be no later no later than December 1, 2004;

(C)comply with all requirements of this Rule by closing the combustor by July 1, 2002 and then reopening it. If this option is chosen the owner or operator shall:

(i)meet increments of progress specified in 40 CFR 60.1585, if the class I combustor is closed and then reopened prior to the final compliance date; and

(ii)complete emissions control retrofit and meet the emission limits and good combustion practices on the date that the class I combustor reopens operation if the class I combustor is closed and then reopened after the final compliance date; or

(D)comply by permanently closing the combustor. If this option is chosen the owner or operator shall:

(i)submit a closure notification, including the date of closure, to the Director by July 1, 2002 if the class I combustor is to be closed on or before September 1, 2002; or

(ii)enter into a legally binding closure agreement with the Director by July 1, 2002 if the class I combustor is to be closed after September 1, 2002, and the combustor shall be closed no later than December 1, 2004.

(4)The owner or operator of a class I municipal waste combustor that began construction, reconstruction or modification after June 26, 1987 shall comply with the emission limit for mercury specified in Subparagraph (c)(8) of this Rule and the emission limit for dioxin and furan specified in Part (c)(11)(B) of this Rule by July 1, 2002.

(5)The owner or operator of any municipal waste combustor shall certify to the Director within five days after the deadline, for each increment of progress, whether the required increment of progress has been met.

(j)  The referenced ASME exam in this Paragraph is hereby incorporated by reference and includes subsequent amendments and editions. Copies of the referenced ASME exam may be obtained from the American Society of Mechanical Engineers (ASME), 22 Law Drive, Fairfield, NJ 07007.

Authority G.S. 143-215.3(a)(1); 143-215.107(a)(3),(4),(5); 40 CFR 60.35b; 40 CFR 60.34e; 40 CFR 60.1515.

15A NCAC 02D .1212SMALL MUNICIPAL WASTE

COMBUSTORS

(a)  Applicability. This Rule applies to Class I municipal waste combustors, as defined in Rule .1202 of this Section.
(b)  Definitions. For the purpose of this Rule, the definitions contained in 40 CFR 60.1940 (except administrator means the Director of the Division of Air Quality) shall apply in addition to the definitions in Rule .1202 of this Section.
(c)  Emission Standards.
(1)The emission standards in this Paragraph apply to any municipal waste combustor subject to the requirements of this Rule except

22:23                                                               NORTH CAROLINA REGISTER                                           JUNE 2, 2008

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