AgendaItem3_SSI Emission Guidelines Description, Rules and RIA

Agenda Item: Request for Approval of Proposed Rule Revisions and to Proceed to EMC to Request to Proceed to Public Hearing on Adoption of Final Emission Guidelines for Sewage Sludge Incinerators (497a)
Explanation: On March 21, 2011, the United States Environmental Protection Agency (EPA) finalized revised New Source Performance Standards (NSPS) and Emissions Guidelines (EG) for Sewage Sludge Incineration (SSI) Units. The EG and the identical Federal Plan set limits for nine pollutants under CAA section 129: cadmium, carbon monoxide, hydrogen chloride, lead, mercury, nitrogen oxides, particulate matter, dioxins/furans, and sulfur dioxide for sewage sludge incineration units located at wastewater treatment facilities designed to treat domestic sewage sludge. These limits are pursuant to CAA Section 129(a)(2), and are based on maximum achievable control technology (MACT). They are subcategorized by unit type in two categories: fluidized bed and multiple hearth. DAQ must submit a State Plan to EPA that implements the EG contained in 40 CFR Part 60 Subpart MMMM. The SSI State Plan must be "at least as protective as" the EG and must ensure compliance with all applicable requirements not later than 3 years after the State Plan is approved by EPA, but not later than 5 years after the relevant EG are promulgated.
North Carolina automatically adopts the NSPS; however, rulemaking is necessary to incorporate the EG requirements for SSI units that commenced construction on or before October 14, 2010. These requirements have been already enforced by incorporating them into the current permit requirements for SSI units which are subject of the Federal Plan containing the identical EG requirements per 40 CFR Part 62, Subpart LLL.. Four facilities, owned and operated by local municipalities, currently operate five SSI units in North Carolina. Three of these facilities are permitted by DAQ and the fourth facility is permitted by the Western North Carolina Regional Air Quality Agency. Each unit is assumed to be in compliance with the Federal Plan requirements. Therefore, no change is estimated from the regulatory baseline.
The proposed amendments to the State Implementation Plan simply updates Rule 15A NCAC 02D .1204 to mirror the Federal Plan and the identical EG requirements. A regulatory impact analysis was submitted to the Office of State Budget and Management (OSBM). OSBM has reviewed the DAQ proposed changes to Rule 15A NCAC 02D .1204, Sewage Sludge Incineration Units, in accordance with G.S. 150B-21.4. OSBM has determined the rule changes have little to no impact on state or local governments and no substantial economic impact.
The current Rule .1204 regulates all sewage sludge and sludge incineration units located in North Carolina. The Federal Plan and the identical EG requirements apply only to SSI units located at a wastewater treatment facility designed to treat domestic sewage sludge and do not address the sludge incinerators which are regulated by the current rule. The remaining units will be regulated under a future amendment to Rule 15A NCAC 02D .1210, Commercial and Industrial Solid Waste Incineration Units.
Recommendation: The Director recommends that the Committee approve the proposed amendments and regulatory impact analysis for presentation to the EMC, to proceed to EMC to
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request to proceed to public hearing.
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15A NCAC 02D .1204 SEWAGE SLUDGE AND SLUDGE INCINERATORS INCINERATION UNITS 1
2
(a) Applicability. This Rule applies to sewage sludge and sludge incinerators. incineration units that meet all three 3
requirements listed in 40 CFR 60.5060(a) through (c). 4
(b) The provisions of this Rule apply to any incinerator subject to this Rule. However, when the provisions of this 5
Rule and provisions of 15A NCAC 02D .0524, .1110, or .1111 or provisions of 40 CFR Part 61, Subpart C; 40 CFR 6
Part 61, Subpart E; or 40 CFR Part 503, Subpart E, referenced in this Rule, regulate the same pollutant, the provisions 7
of the more restrictive standards established in Paragraphs (e) and (f) of this Rule shall apply. Notwithstanding 8
provisions of 15A NCAC 02D .0524, .1110, or .1111 or provisions 40 CFR Part 61, Subpart C; 40 CFR Part 61, 9
Subpart E; or 40 CFR Part 503, Subpart E to the contrary. 10
(c) Exemptions. Sewage sludge incineration units are exempted from this Rule if they are subject to: 11
(1) 40 CFR Part 60 Subpart LLLL by: 12
(A) Commencing construction after October 14, 2010; or 13
(B) Commencing modification after September 21, 2011. 14
(2) Rule 15A NCAC 02D .1210, if they are not located at a wastewater treatment facility designed to 15
treat domestic sewage sludge as defined in 40 CFR 60.5065. 16
(b)(d) Definitions. For the purpose of this Rule, the definitions in 40 CFR Part 503 40 CFR 503.41, 40 CFR 60.5250, 17
and 40 CFR 60.2 shall apply in addition to the definitions in Rule .1202 of this Section.15A NCAC 02D .1202. 18
(c)(e) Emission Standards. Any incinerator subject to this Rule shall comply with all of the following emission 19
standards: 20
(1) The emission standards in this Paragraph apply to any incinerator subject to this Rule except where 21
Rules .0524, .1110, or .1111 of this Subchapter applies. However, when Subparagraphs (11) or (12) 22
of this Paragraph and Rules .0524, .1110, or .1111 of this Subchapter regulate the same pollutant, 23
the more restrictive provision for each pollutant shall apply, notwithstanding provisions of Rules 24
.0524, .1110, or .1111 of this Subchapter to the contrary. 25
(2)(1) Any incinerator subject to this Rule shall comply with one of the following emission standards for 26
particulate matter: Emissions of particulate matter from a sewage sludge incineration unit shall meet 27
the requirements established in 40 CFR 60.5165 or 40 CFR 60.152 as defined in Paragraph (b) of 28
this Rule. 29
(A) For refuse charge rates between 100 and 2000 pounds per hour, the allowable emissions 30
rate for particulate matter from any stack or chimney of any incinerator subject to this Rule 31
shall not exceed the level calculated with the equation E=0.002P, calculated to two 32
significant figures, where "E" equals the allowable emission rate for particulate matter in 33
pounds per hour and "P" equals the refuse charge rate in pounds per hour. For refuse charge 34
rates of 0 to 100 pounds per hour the allowable emission rate is 0.2 pounds per hour. For 35
refuse charge rates of 2000 pounds per hour or greater the allowable emission rate shall be 36
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4.0 pounds per hour. Compliance with this Part shall be determined by averaging emissions 1
over a block three-hour period. 2
(B) Instead of meeting the standards in Part (A) of this Subparagraph, the owner or operator of 3
any incinerator subject to this Rule may choose to limit particulate emissions from the 4
incinerator to 0.08 grains per dry standard cubic foot corrected to 12 percent carbon 5
dioxide. In order to choose this option, the owner or operator of the incinerator shall 6
demonstrate that the particulate ambient air quality standards will not be violated. To 7
correct to 12 percent carbon dioxide, the measured concentration of particulate matter is 8
multiplied by 12 and divided by the measured percent carbon dioxide. Compliance with 9
this Part shall be determined by averaging emissions over a block three-hour period. 10
(3)(2) Fugitive emissions from a sewage sludge incineration unit ash handling process shall meet the 11
requirements established in 40 CFR 60.5165. Visible Emissions. All other visible emissions Any 12
incinerator subject to this Rule from a sewage sludge incineration unit shall comply with Rule .0521 13
of this Subchapter for the control of visible emissions. 15A NCAC 02D .0521. 14
(4) Sulfur Dioxide. Any incinerator subject to this Rule shall comply with Rule .0516 of this Subchapter 15
for the control of sulfur dioxide emissions. 16
(5) Odorous Emissions. Any incinerator subject to this Rule shall comply with Rule .1806 of this 17
Subchapter for the control of odorous emissions. 18
(6) Hydrogen Chloride. Any incinerator subject to this Rule shall control hydrogen chloride emissions 19
such that they do not exceed four pounds per hour unless they are reduced by at least 90 percent by 20
weight or to no more than 50 parts per million by volume corrected to seven percent oxygen (dry 21
basis). Compliance with this Subparagraph shall be determined by averaging emissions over a one-22
hour period. 23
(3) Emissions of hydrogen chloride from a sewage sludge incineration unit shall meet the requirements 24
established in 40 CFR 60.5165. 25
(4) Emissions of carbon monoxide from a sewage sludge incineration unit shall meet the requirements 26
established in 40 CFR 60.5165. 27
(5) Emissions of dioxins/furans (total mass basis) from a sewage sludge incineration unit shall meet the 28
requirements established in 40 CFR 60.5165. 29
(6) Emissions of dioxins/furans (toxic equivalency basis) from a sewage sludge incineration unit shall 30
meet the requirements established in 40 CFR 60.5165. 31
(7) Mercury Emissions. Emissions of mercury from any incinerator subject to this Rule are regulated 32
under 15A NCAC 02D .1110. 33
(7) Emissions of mercury from a sewage sludge incineration unit shall meet the requirements 34
established in 40 CFR 60.5165 and in 40 CFR 61.52(b) as referenced in 15A NCAC 02D .1110 (a), 35
(d), and (e). 36
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(8) Emissions of nitrogen oxides from a sewage sludge incineration unit shall meet the requirements 1
established in 40 CFR 60.5165. 2
(9) Emissions of sulfur dioxide from a sewage sludge incineration unit shall meet the requirements 3
established in 40 CFR 60.5165. 4
(10) Emissions of cadmium from a sewage sludge incineration unit shall meet the requirements 5
established in 40 CFR 60.5165. 6
(11) Emissions of lead from a sewage sludge incineration unit shall meet the requirements established in 7
40 CFR 60.5165. The daily concentration of lead in sewage sludge fed to a sewage sludge incinerator 8
shall meet the requirements specified in 40 CFR 503.43(c). 9
(8)(12) Beryllium Emissions. Emissions of beryllium from any incinerator subject to this Rule are regulated 10
under 15A NCAC 02D .1110.a sewage sludge incineration unit shall meet the requirements 11
established in 40 CFR 61.32(a) through (c) as referenced in 15A NCAC 02D .1110 (a), (d), and (e). 12
(9) Lead Emissions. The daily concentration of lead in sewage sludge fed to a sewage sludge incinerator 13
shall meet the requirements specified in 40 CFR 503.43(c). 14
(10)(13) Other Metal Emissions. The daily concentration of arsenic, cadmium, chromium, and nickel in 15
sewage sludge fed to a sewage sludge incinerator shall meet the requirements specified in 40 CFR 16
503.43(d). 17
(11)(14) Toxic Emissions. The owner or operator of any incinerator subject to this Rule shall demonstrate 18
compliance with Emissions of toxic air pollutants from a sewage sludge incineration unit shall meet 19
the requirements specified in Section .1100 of this Subchapter 15A NCAC 02D .1100 according in 20
accordance to with 15A NCAC 02Q .0700. 21
(12) Ambient Standards. 22
(A) In addition to the ambient air quality standards in Section .0400 of this Subchapter, the 23
following ambient air quality standards, which are an annual average, in milligrams per 24
cubic meter at 77 degrees F (25 degrees C) and 29.92 inches (760 mm) of mercury pressure 25
and which are increments above background concentrations, shall apply aggregately to all 26
incinerators at a facility subject to this Rule: 27
(i) arsenic and its compounds 2.3x10-7 28
(ii) beryllium and its compounds 4.1x10-6 29
(iii) cadmium and its compounds 5.5x10-6 30
(iv) chromium (VI) and its compounds 8.3x10-8 31
(B) The owner or operator of a facility with incinerators subject to this Rule shall demonstrate 32
compliance with the ambient standards in Subparts (i) through (iv) of Part (A) of this 33
Subparagraph by following the procedures set out in Rule .1106 of this Subchapter. 34
Modeling demonstrations shall comply with the requirements of Rule .0533 of this 35
Subchapter. 36
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(C) The emission rates computed or used under Part (B) of this Subparagraph that demonstrate 1
compliance with the ambient standards under Part (A) of this Subparagraph shall be 2
specified as a permit condition for the facility with incinerators subject to this Rule as their 3
allowable emission limits unless Rules .0524, .1110, or .1111 of this Subchapter requires 4
more restrictive rates. 5
(d) Operational Standards. 6
(1) The operational standards in this Rule do not apply to any incinerator subject to this Rule when 7
applicable operational standards in Rules .0524, .1110, or .1111 of this Subchapter apply. 8
(2) Sewage Sludge Incinerators. 9
(A) The maximum combustion temperature for a sewage sludge incinerator shall be specified 10
as a permit condition and be based on information obtained during the performance test of 11
the sewage sludge incinerator to determine pollutant control efficiencies as needed to 12
comply with .1204(c). 13
(B) The values for the operational parameters for the sewage sludge incinerator air pollution 14
control device(s) shall be specified as a permit condition and be based on information 15
obtained during the performance test of the sewage sludge incinerator to determine 16
pollutant control efficiencies as needed to comply with .1204(c). 17
(C) The monthly average concentration for total hydrocarbons, or carbon monoxide as 18
provided in 40 CFR 503.40(c), in the exit gas from a sewage sludge incinerator stack, 19
corrected to zero percent moisture and seven percent oxygen as specified in 40 CFR 20
503.44, shall not exceed 100 parts per million on a volumetric basis using the continuous 21
emission monitor required in Part (f)(3)(A) of this Rule. 22
(15) The monthly average concentration for total hydrocarbons, or carbon monoxide as provided in 40 23
CFR 503.40(c), in the exit gas from a sewage sludge incinerator stack, corrected to zero percent 24
moisture and seven percent oxygen as specified in 40 CFR 503.44, shall not exceed 100 parts per 25
million on a volumetric basis using the continuous emission monitoring required in Paragraph (l) of 26
this Rule. 27
(3) Sludge Incinerators. The combustion temperature in a sludge incinerator shall not be less than 28
1200oF. The maximum oxygen content of the exit gas from a sludge incinerator stack shall be: 29
(A) 12 percent (dry basis) for a multiple hearth sludge incinerator; 30
(B) seven percent (dry basis) for a fluidized bed sludge incinerator; 31
(C) nine percent (dry basis) for an electric sludge incinerator; and 32
(D) 12 percent (dry basis) for a rotary kiln sludge incinerator. 33
(f) Operating limits. The owner or operator of a sewage sludge incineration unit shall meet: 34
(1) As applicable, the operating limits and requirements specified in 40 CFR 60.5170(a) through (d) 35
and (h) according to the schedule specified in 40 CFR 60.5170(e). 36
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(2) The operating limits and requirements specified in in 40 CFR 60.5170(a) through (d) by the final 1
compliance date specified in Paragraph (o) of this Rule. 2
(3) Monitor the feed rate and moisture content of the sewage sludge fed to the sewage sludge incinerator, 3
as specified in 40 CFR 60.5170(f)(1) and (f)(2). 4
(4) The operating requirements in 40 CFR 60.5170(a) through (d) and (h) shall meet any new operating 5
limits, re-established in accordance with 40 CFR 60.5210. 6
(g) Emission and operational standards and limits established in Paragraphs (e) and (f) of this Rule and in accordance 7
with provisions in Paragraph (b) of this Rule shall apply at all times that sewage sludge is in the combustion chamber 8
before the sewage sludge feed to the combustor is cut off for a period of time not less than the sewage sludge 9
incineration residence time and during periods of malfunction as specified in 40 CFR 60.5180. 10
(h) The owner or operator of a sewage sludge incineration unit may establish an affirmative defense for exceedance 11
of the emission standards set forth in Paragraph (e) of this Rule during malfunction in response to an action to 12
enforce the emission standards as specified in 40 CFR 60.5181(a) and (b). 13
(i) Initial Compliance: 14
(1) Requirements with the emission standards specified in the Paragraph (e) of this Rule shall be 15
demonstrated by using the procedures specified in 40 CFR 60.5185(a) through (e). 16
(2) Requirements with the site-specific operating limits specified in 40 CFR 60.5190(a) shall be 17
established in accordance with the requirements specified 40 CFR 60.5190(a) through (f). 18
(3) Initial air pollution control device inspection specified 40 CFR 60.5220(c) shall be conducted by 19
the date established in accordance with 40 CFR 60.5195(a). All necessary repairs shall be completed 20
in accordance with 40 CFR 60.5195(b). 21
(4) A site-specific monitoring plan for continuous monitoring, bag leak detection, ash handling systems, 22
and an initial performance evaluation date shall be developed in accordance with the requirements 23
specified in 40 CFR 60.5200(a) and (d) through (h). 24
(j) Continuous Compliance Requirements. The owner or operator of a sewage sludge incineration unit subject of this 25
Rule shall demonstrate compliance with the emissions standards in Subparagraphs (e)(1) through (13) and (15) of this 26
Rule by: 27
(1) Demonstrating continuous compliance as specified in 40 CFR 60.5205(a) through (f); 28
(2) Demonstrating continuous compliance with the operating limits as specified in 40 CFR 29
60.5210(a)(1) and (b) through (d); 30
(3) Demonstrating continuous compliance with the total hydrocarbon concentration of the incinerator 31
stack exit gas according to 40 CFR 503.45(a) unless the requirements for continuously monitoring 32
carbon monoxide as provided in 40 CFR 503.40(c) are satisfied; 33
(4) Demonstrating continuous compliance with the oxygen content of the incinerator stack exit gas as 34
provided in 40 CFR 503.45(b); 35
(5) Demonstrating continuous compliance with the moisture content of the incinerator stack exit gas as 36
provided in 40 CFR 503.45(c); 37
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(6) Conducting an annual air pollution control device inspection as specified in 40 CFR 60.5215(a); 1
(7) Making all necessary repairs within the time periods specified in 40 CFR 60.5215(b); 2
(8) Monitoring the concentration of beryllium and mercury from the sewage sludge fed to the 3
incinerator at least as frequently as specified in the Rule 15A NCAC 02D .1110 but in no case less 4
than once per year; and 5
(9) Monitoring the concentrations of arsenic, cadmium, chromium, lead, and nickel in the sewage 6
sludge fed to the incinerator at least as frequently as specified in 40 CFR 503.46(a)(2) and (3). 7
(e) Test Methods and Procedures. 8
(1) The test methods and procedures described in Section .2600 of this Subchapter and in 40 CFR Part 9
60 Appendix A and 40 CFR Part 61 Appendix B shall be used to determine compliance with 10
emission rates. Method 29 of 40 CFR Part 60 shall be used to determine emission rates for metals. 11
However, Method 29 shall be used to sample for chromium (VI), and SW 846 Method 0060 shall 12
be used for the analysis. 13
(2) The Director may require the owner or operator to test his incinerator to demonstrate compliance 14
with the emission standards listed in Paragraph (c) of this Rule. 15
(3) The owner or operator of a sewage sludge incinerator shall perform testing to determine pollutant 16
control efficiencies of any pollution control equipment and obtain information on operational 17
parameters, including combustion temperature, to be specified as a permit condition. 18
(k) Performance Testing, Monitoring, and Calibration Requirements. The owner or operator of a sewage sludge 19
incineration unit subject to this Rule shall demonstrate compliance with the emissions standards in Subparagraphs 20
(e)(1) through (13) and (15) of this Rule by: 21
(1) Meeting the performance testing requirements specified in 40 CFR 60.5220(a)(2) through (11); 40 22
CFR 61.53(d) or 40 CFR 61.54; 40 CFR 503.43(e); and 40 CFR 61.33 23
(2) Meeting the monitoring requirements specified in 40 CFR 60.5220(b)(1) through (7); 40 CFR 61.55; 24
40 CFR 503.55; 40 CFR 503.46; and 40 CFR 60.153; 25
(3) Performing the air pollution control device inspection requirements specified in 40 CFR 26
60.5220(b)(1) through (3); and 27
(4) Meeting the bypass stack provisions specified in 40 CFR 60.5220(d); 28
(l) The owner or operator of a sewage sludge incineration unit, subject to this Rule, shall install, operate, calibrate, 29
and maintain the continuous parameter monitoring systems to ensure compliance with the operational limits in 30
Paragraph (f) of this Rule as specified in 40 CFR 503.45; 40 CFR 60.5225 (a)(1), (2); and 40 CFR 60.153. 31
(f)(m) Monitoring, Recordkeeping, and Reporting. The owner or operator of a sewage sludge incineration unit subject 32
to this Rule shall: 33
(1) Maintain on site in either paper copy or electronic format that can be printed upon request for a 34
period of five years the following: 35
(A) Calendar date of each record as specified in 40 CFR 60.5230(a); 36
(B) Increments of progress as specified in 40 CFR 60.5230(b); 37
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(C) Operator Training as specified in 40 CFR 60.5230(c)(1) through (4); 1
(D) Air pollution control device inspections as specified in 40 CFR 60.5230(d); 2
(E) Performance test reports as specified in 40 CFR 60.5230(e)(1) through (4); 3
(F) Continuous monitoring data as specified in 40 CFR 60.5230(f)(1) through (4) and 40 CFR 4
60.153; 5
(G) Other records for continuous monitoring systems as specified in 40 CFR 60.5230(g)(1) 6
through (3) and 40 CFR 60.153; 7
(H) Deviation Reports as specified in 40 CFR 60.5230(h); 8
(I) Equipment specifications and operation and maintenance requirements as specified in 40 9
CFR 60.5230(i); 10
(J) Inspections, calibrations, and validation checks of monitoring devices as specified in 40 11
CFR 60.5230(j); 12
(K) Monitoring plan and performance evaluations for continuous monitoring systems as 13
specified in 40 CFR 60.5230(k); 14
(L) Records indicating use of the bypass stack as specified in 40 CFR 60.5230(m); 15
(M) Malfunction occurrence records shall as specified in 40 CFR 60.5230(n); and 16
(N) Records showing compliance with standards for the use or disposal of sewage sludge listed 17
in 40 CFR 503.47(b) through (n). 18
(2) Submit in the format specified in 40 CFR 60.5235(h)(1) and by due dates established in Table 6 of 19
40 CFR Part 60 Subpart MMMM the following: 20
(A) Initial compliance report as specified in 40 CFR 60.5235(b); 21
(B) Annual compliance report as specified in 40 CFR 60.5235(c). 22
(C) Deviation reports (deviations from emission limits, emission standards, or operating limits, 23
as specified in 40 CFR 60.5235(e)(1)) when it is required by 40 CFR 60.5235(d). 24
(D) Notification of qualified operator deviation and notification of status of qualified operator 25
deviation as specified in 40 CFR 60.5235(e)(1); 26
(E) Notification of resumed operation pursuant to 40 CFR 60.5155(b)(2)(i) following 27
shutdown (due to qualified operator deviation) as specified in 40 CFR 60.5235(e)(2). 28
(F) Notification of a force majeure as specified in 40 CFR 60.5235(f); 29
(G) Notification of intent to start or stop use of a continuous monitoring system; notification 30
of intent to conduct a performance test; notification of intent to conduct a rescheduled 31
performance test. as specified in 40 CFR 60.5235(g); 32
(H) Performance test relative accuracy audit data (test reference method) and performance test 33
data in the manner specified in 40 CFR 60.5235(h)(2); 34
(I) Semiannual reports as specified in 40 CFR 60.155; 35
(J) Information recorded during a performance test for mercury for class I sludge management 36
facilities (as defined in 40 CFR 503.9), publicly owned treatment works (as defined in 40 37
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CFR 501.2) with a design flow rate equal to or greater than one million gallons per day, 1
and POTWs that serve a population of 10,000 people or greater as specified in in 40 CFR 2
60.5220(a)(3) shall be submitted to the Director on or before February 19 of each year. 3
(3) With the Director’s approval, the owner or operator may change the semiannual or annual reporting 4
dates of the reports listed in Subparagraph (m)(2) of this Rule in accordance with the procedures 5
established in 40 CFR 60.19(c) pursuant to 40 CFR 60.5235(i). 6
(1) The owner or operator of an incinerator subject to the requirements of this Rule shall comply with 7
the monitoring, recordkeeping, and reporting requirements in Section .0600 of this Subchapter. 8
(2) The owner or operator of an incinerator subject to the requirements of this Rule shall maintain and 9
operate a continuous temperature monitoring and recording device for the primary chamber and, 10
where there is a secondary chamber, for the secondary chamber. The owner or operator of an 11
incinerator that has installed air pollution abatement equipment to reduce emissions of hydrogen 12
chloride shall install, operate, and maintain continuous monitoring equipment to measure pH for 13
wet scrubber systems and rate of alkaline injection for dry scrubber systems. 14
(3) In addition to the requirements of Subparagraphs (1) and (2) of this Paragraph, the owner or operator 15
of a sewage sludge incinerator shall: 16
(A) install, operate, and maintain, for each incinerator, continuous emission monitors to 17
determine the following: 18
(i) total hydrocarbon concentration of the incinerator stack exit gas according to 40 19
CFR 503.45(a) unless the requirements for continuously monitoring carbon 20
monoxide as provided in 40 CFR 503.40(c) are satisfied; 21
(ii) oxygen content of the incinerator stack exit gas; and 22
(iii) moisture content of the incinerator stack exit gas; 23
(B) monitor the concentration of beryllium and mercury from the sludge fed to the incinerator 24
at least as frequently as required by Rule .1110 of this Subchapter but in no case less than 25
once per year; 26
(C) monitor the concentrations of arsenic, cadmium, chromium, lead, and nickel in the sewage 27
sludge fed to the incinerator at least as frequently as required under 40 CFR 503.46(a)(2) 28
and (3); 29
(D) determine mercury emissions by use of Method 101 or 101A of 40 CFR Part 61, Appendix 30
B, where applicable to 40 CFR 61.55(a); 31
(E) maintain records of all material required under Paragraph (e) of this Rule and this 32
Paragraph according to 40 CFR 503.47; and 33
(F) for class I sludge management facilities (as defined in 40 CFR 503.9), POTWs (as defined 34
in 40 CFR 501.2) with a design flow rate equal to or greater than one million gallons per 35
day, and POTWs that serve a population of 10,000 people or greater, submit the 36
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information recorded in Part (D) of this Subparagraph to the Director on or before February 1
19 of each year. 2
(g) Excess Emissions and Start-up and Shut-down. All incinerators subject to this Rule shall comply with Rule .0535, 3
Excess Emissions Reporting and Malfunctions, of this Subchapter. 4
(n) Operator Training and Qualification. 5
(1) A sewage sludge incineration unit subject to this Rule cannot be operated unless a fully trained and 6
qualified sewage sludge incineration unit operator is accessible, either at the facility or can be at the 7
facility within one hour. The trained and qualified sewage sludge incineration unit operator may 8
operate the sewage sludge incineration unit directly or be the direct supervisor of one or more other 9
plant personnel who operate the unit. If all qualified sewage sludge incineration unit operators are 10
temporarily not accessible, the procedures in 40 CFR 60.5155 shall apply. 11
(2) Operator training and qualification must be obtained by completing the requirements specified in 12
40 CFR 60.5130(c). 13
(3) The owner or operator of a sewage sludge incineration unit subject to this Rule shall complete an 14
annual review or refresher course covering the five topics specified in 40 CFR 60.5145(a) through 15
(e) to maintain an operator qualification. 16
(4) The owner or operator of a sewage sludge incineration unit subject to this Rule shall renew a lapsed 17
operator qualification before he or she begins operation of the unit by one of the two methods 18
specified in 40 CFR 60.5150(a) and (b). 19
(5) When a qualified operator of a sewage sludge incineration unit subject to this Rule is not at the 20
facility and cannot be at the facility within 1 hour, the owner shall meet the criteria specified in 21
either 40 CFR 60.5155(a) or (b), depending on the length of time that a qualified operator is not 22
accessible. 23
(6) The owner or operator of a sewage sludge incineration unit subject to this Rule shall maintain and 24
review the operator training documentation as specified in 40 CFR 60.5160 (a) and (b). 25
(o) Final compliance. The owner or operator of a sewage sludge incineration unit subject of this Rule shall achieve 26
final compliance by the dates specified in 40 CFR 60.5035(a) or (b). 27
28
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(4),(5); 29
Eff. October 1, 1991; 30
Amended Eff. __________; June 1, 2008; August 1, 2002; July 1, 2000; July 1, 1999; July 1, 1998; 31
July 1, 1996; April 1, 1995; December 1, 1993. 32
33
34
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ENVIRONMENTAL MANAGEMENT COMMISSION REGULATORY IMPACT ANALYSIS FOR AMENDMENTS CONCERNING SEWAGE
SLUDGE INCINERATION (SSI) UNITS
Rule Adoption: 15A NCAC 02D .1204
Rule Topic: Sewage Sludge Incineration (SSI) NCDEQ Division: Department of Environmental Quality, Division of Air Quality
Agency Contact: Joelle Burleson, Rules Development Branch Supervisor
Division of Air Quality (DAQ) [phone]
[e-mail]

Analyst: Vladimir Zaytsev, Engineer
Division of Air Quality (DAQ) [phone] [e-mail]

Impact Summary: State government: Minimal
Local government: Minimal Private impact: No Substantial impact: No

Statutory Authority: G.S. 143-215.3(a)(1); 143-215.107(a)(1), (3), (4), (5); 143-215.108;
143B-282. Necessity: To incorporate requirements for Sewage Sludge Incineration units
consistent with the Federal Plan in 40 CFR Part 62 that are currently in
effect.

I. Executive Summary
Amendments to 15A NCAC 02D .1204 are necessary to reflect the state’s approach addressing
the Sewage Sludge Incineration (SSI) units’ emissions guidelines in 40 CFR Part 60, Subpart
MMMM, matching the requirements in the permit conditions that are currently being applied to
the existing SSI units as part of the federal plan in 40 CFR Part 62, Subpart LLL.
Four facilities currently operate SSI units. All of which are owned and operated by local
municipalities. Three are permitted by the state of North Carolina, Division of Air Quality (NC
DAQ) and the fourth is permitted by the Western North Carolina Regional Air Quality Agency.
These facilities are assumed to be in compliance with the federal plan requirements. Therefore, no change is estimated from the regulatory baseline.
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The NC DAQ does not expect any changes in staff review time. Similarly, any impacts are
indirect for the Western NC Regional Air Quality Agency. This agency adopts administrative
rules that mirror the state rules, but their actions are outside the scope of this analysis.
There are no estimated annual impacts of the change on the private sector. The estimated annual costs of these proposed rules is not substantial as defined in North Carolina’s Administrative
Procedures Act in NC General Statute 150B-21.4, Fiscal and Regulatory Impact Analysis on
Rules. The term “substantial economic impact” means an aggregate financial impact on all
persons affected of at least one million dollars ($1,000,000) in a 12-month period.
II. Background
Overview of the EPA's Federal Plan Regulating Sewage Sludge Incineration (SSI)
On March 21, 2011, the United States Environmental Protection Agency (EPA) finalized revised
New Source Performance Standards (NSPS) and Emissions Guidelines (EG) for Sewage Sludge
Incineration (SSI) Units. North Carolina automatically adopts the NSPS; however, rulemaking is
necessary to incorporate the EG requirements, which apply to existing sources, into the state rules. Subsequent to issuance of the EG, litigation ensued as to whether these sources should be
regulated under provisions of the Clean Air Act (CAA) or Clean Water Act. On August 20,
2013, the U.S. Court of Appeals for the District of Columbia Circuit Court remanded portions of
the rule to EPA for further explanation; however, the Court did not vacate the rule leaving the
requirements in place. EPA plans to address the Court’s remand in the future.
Within two years of promulgation of an EG, the CAA requires the EPA to develop, implement,
and enforce a federal plan for existing SSI in states that have not submitted a state plan to EPA.
EPA published its final federal plan, 40 CFR Part 62, Subpart LLL, applicable to existing sewage
sludge incinerators on April 29, 2016. States have the option of taking delegation of the federal plan or submitting a state plan to replace the federal plan. With this submittal, NC is submitting
a state plan. In a parallel process, NC has requested delegation of the federal plan until such time
as rules have been promulgated.

III. Existing Rules
Existing SSI requirements are found in 15A NCAC 02D .1204, Sewage Sludge and Sludge
Incinerators, and the history note reveals that this rule was originally adopted and became
effective on October 1, 1991; Amended effective June 1, 2008; August 1, 2002; July 1, 2000;
July 1, 1999; July 1, 1998; July 1, 1996; April 1, 1995; December 1, 1993.
Since April 29, 2016 a Federal Plan has been in effect because North Carolina has not yet
amended the rule in its State Implementation Plan (SIP).

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IV. Proposed Rules
The proposed rule amends the existing rule making it applicable to sewage sludge incineration
units constructed on or before October 14, 2010. The amended rule incorporates all
requirements found in the EG which are equivalent to those in the federal plan currently applicable to existing SSI units. As a result, federal EPA involvement will be eliminated once
the amended SIP becomes effective. This proposed rule contain all the requirements of the
federal plan already in effect, along with removing references to redundant or non-applicable
requirements referenced elsewhere in the rule.
V. Changes from the Regulatory Baseline
The EPA’s Federal Plan became the regulatory baseline when it was finalized in early 2016 after years of legal challenges. This proposal will amend 15A NCAC 02D .1204 with the following
impacts.

State and Local Government Impacts
The NC DAQ will not experience significant economic impacts due to these proposed rule
changes. All sources are complying with the current Federal Plan at this time. Proposed
amendments to the State Implementation Plan simply update those rules to mirror the Federal
Plan requirements. There may be small administrative requirements to modify permits, but
permit fees are designed to pay for any normal permit changes. Therefore, the proposal SSI rules
would not impose additional costs to clarify any requirements for those sources.
Only one of the three local air quality agencies is affected. That air quality agency is not
expected to experience any additional workload after proposing similar changes to their rules.
Similarly, any fiscal impacts are unlikely. That local air quality agency adopts administrative
rules that closely mirror state rules, but their actions do not require estimated impacts and are
beyond the scope of this fiscal and regulatory impact analysis.
Private Sector Impacts
The private sector is defined as those local municipalities owning and operating existing SSI
units. This fiscal and regulatory impact analysis estimates no additional costs beyond the current
Federal Plan requirements. Statewide, the four SSI facilities have already accomplished all upgrades needed to comply with the federal plan. There are minor advantages to operating within a State Plan that eliminates the need to deal with the federal regulators, but these are more
in terms of qualitative than quantifiable. The number of facilities is assumed to remain constant,
so the analysis assumes no growth in the number of facilities affected.
The proposed rule only affect sources owned and operated by those local municipalities, but there are not any cost impacts because there is no change from the regulatory baseline. The
proposed rule changes create no additional costs because they are identical to the federal plan,
which is currently enforceable.

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Using the methodology developed, all estimated impacts are less than one million dollars in any
12-month period. For the purposes of this analysis, NC DAQ assumed that facilities must
comply with the Federal Plan and that the State Implementation Plan will not differ from the
Federal Plan. To the extent that the regulated community may have additional costs than those
reported, any estimated annual costs are well below the substantial rule-making threshold.
VI. Environmental Benefits
These rule changes are seen as beneficial from the perspective of the SSI facilities because there
will be only one regulatory agency directly involved with inspections and reviews that is familiar
with their operations. The NC DAQ likewise feels that it is beneficial to have a State Implementation Plan as it provides greater certainty than either a federal plan or delegated authority for these regulations.
VII. Conclusions
All four existing facilities are in compliance with all federal plan requirements, therefore no
change is estimated from that regulatory baseline.
The NC DAQ does not expect any changes beyond the normal staff review time. No impacts are expected for the local agency (Western NC Regional Air Quality Agency) that operates an air
quality program in North Carolina. This agency adopts administrative rules that mirror state
rules, but their actions do not require estimated impacts for this analysis.
There are not any estimated annual impacts of these changes to the private sector or local municipality owned and operated sources. The estimated annual costs of this proposed rule is not substantial as defined in North Carolina’s Administrative Procedures Act in NC General
Statute 150B-21.4, Fiscal and Regulatory Impact Analysis on Rules. The term “substantial
economic impact” means an aggregate financial impact on all persons affected of at least one
million dollars ($1,000,000) in a 12-month period.
SSI facilities and NC DAQ will benefit from an updated State Implementation Plan because
state-driven implementation of the Emissions Guidelines requirements, rather than federal
delegation or federal implementation, provides greater certainty, clarity, and consistency for the
regulated community.
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