20121107-IR-326110317FRA Amends 326 IAC 1-2-2.5 and 326 IAC 4-1-7 concerning refractory-lined box type air curtain destructors. Effective 30 days after filing with the Publisher.

TITLE 326 AIR POLLUTION CONTROL BOARD

Final Rule LSA Document #11-317(F)

DIGEST

Amends 326 IAC 1-2-2.5 and 326 IAC 4-1-7 concerning refractory-lined box type air curtain destructors. Effective 30 days after filing with the Publisher.

HISTORY

First Notice of Public Hearing: June 1, 2011, Indiana Register (DIN: 20110601-IR-326110317FNA).

Second Notice of Public Hearing: November 16, 2011, Indiana Register (DIN: 20111116-IR-326110317SNA).

Notice of First Hearing: November 16, 2011, Indiana Register (DIN: 20111116-IR-326110317PHA).

Change in Notice of Public Hearing: December 21, 2011, Indiana Register (DIN: 20111221-IR-326110317CHA).

Change in Notice of Public Hearing: March 7, 2012, Indiana Register (DIN: 20120307-IR-326110317CHA).

Date of First Hearing: May 2, 2012.

Proposed Rule: May 30, 2012, Indiana Register (DIN: 20120530-IR-326110317PRA).

Notice of Second Hearing: May 30, 2012, Indiana Register (DIN: 20120530-IR-326110317PHA).

Date of Second Hearing: August 1, 2012.

326 IAC 1-2-2.5; 326 IAC 4-1-7

SECTION 1. 326 IAC 1-2-2.5 IS AMENDED TO READ AS FOLLOWS:

326 IAC 1-2-2.5 "Air curtain destructor" defined

Authority: IC 13-15-2-1; IC 13-17-3-4

Affected: IC 4-21.5; IC 13-12; IC 13-17-9

Sec. 2.5. "Air curtain destructor" means an engineered apparatus consisting of a motorized high-velocity fan and an air distribution system designed to aid in the efficient combustion of materials placed in an adjacent earthen pit or refractory lined box. An air curtain destructor is not considered an incinerator as defined in section 34 of this rule.

(Air Pollution Control Board; 326 IAC 1-2-2.5; filed Jan 6, 1989, 3:30 p.m.: 12 IR 1126; filed Oct 11, 2012, 1:02 p.m.: 20121107-IR-326110317FRA)

SECTION 2. 326 IAC 4-1-7 IS AMENDED TO READ AS FOLLOWS:

326 IAC 4-1-7 Air curtain destructors; approval conditions

Authority: IC 13-15-2-1; IC 13-17-3-4

Affected: IC 4-21.5; IC 13-12; IC 13-17-9

Sec. 7. (a) To obtain an air curtain destructor letter of approval, the owner or operator shall ensure that installation and operation of such the air curtain destructor will comply with subdivisions (1) through (22) as follows. (13). Burning shall be terminated immediately at any air curtain destructor site that does not comply with this section and the following requirements:

(1) Only untreated wood products shall be burned, except for minimal amounts of uncontaminated petroleum products that may be used for ignition.

(2) Burning shall not be conducted during unfavorable meteorological conditions, such as high winds or air stagnation or when a pollution alert or ozone action day has been declared.

(3) The air curtain destructor shall not be operated prior to one (1) hour after official sunrise, the fire shall not be fed after two (2) hours before official sunset, and the fire must be completely extinguished by official sunset. and at least one (1) foot of dirt must be placed over the ashes in the pit by official sunset.

(4) An air curtain destructor site shall be located no not less than two hundred fifty (250) feet from any private residence, public roadway, power line, or structure, and no not less than five hundred (500) feet from any pipeline or fuel storage area.

(5) An air curtain destructor site shall not be located within one thousand (1,000) feet of a solid waste land disposal facility as defined in 329 IAC 10-2-176 or transfer station as defined in 329 IAC 11-2-47.

(6) An air curtain destructor shall not be permanently located at any site, except in accordance with a valid permit under 326 IAC 2.

(7) An air curtain destructor shall be attended at all times while burning and until combustion is complete. Adequate firefighting equipment shall be maintained at an air curtain destructor site at all times during operation.

(8) Burning shall not create or contribute to:

(A) an air pollution problem;

(B) a nuisance; or

(C) a fire hazard.

(9) Material being loaded into the earthen pit or refractory-lined box shall be picked up and dropped into the pit or box, and at no time shall the material protrude through the curtain of air while burning.

(10) The approval letter shall be made available at the burning site to state or local officials upon request.

(11) The owner or operator of an air curtain destructor shall provide twenty-four (24) hour notification in advance to the local fire department and the local health department of the dates and times that the air curtain destructor will be in operation.

(9) (12) The following shall apply to an air curtain destructor using an earthen pit:

(A) An air curtain destructor and earthen pit shall be maintained and operated according to the manufacturer's specifications and recommendations.

(10) (B) The fan blades of the air curtain destructor shall be regularly cleaned to reduce buildup of dirt and debris.

(11) (C) All canisters must be properly aligned, connected, and maintained so as to prevent leaks between adjacent canisters.

(12) (D) The nozzles must be maintained in good working condition. The minimum average velocity at the nozzle must be nine thousand fifty (9,050) feet per minute, and the air flow at the nozzle must be a minimum of seven hundred fifty (750) cubic feet per minute per foot of length.

(13) (E) The engine running the air curtain destructor fan must be maintained in proper working condition.

(14) (F) The width of the earthen pit shall not extend beyond the length of the nozzle action.

(15) (G) The distance from the air curtain destructor to the opposite wall of the earthen pit shall not exceed ten (10) feet.

(16) (H) The depth of the earthen pit shall be of such distance to allow all burning material to be below the curtain of air created by the air curtain destructor.

(17) (I) All nozzles shall be aligned and directed toward the opposite wall so that the air strikes the opposite wall at least three (3) feet below the grade upon which the air curtain destructor is located so that the air tumbles in the earthen pit.

(18) (J) The air curtain destructor shall not be at a higher elevation than the elevation of the opposite wall.

(19) (K) The earthen pit shall be enclosed on four (4) sides, and the walls shall be perpendicular to level ground.

(L) At least one (1) foot of dirt must be placed over the ashes in the earthen pit by official sunset.

(20) Material being loaded into the pit shall be picked up and dropped into the pit, and at no time shall the material protrude through the curtain of air while burning.

(21) The approval letter shall be made available at the burning site to state or local officials upon request.

(22) The owner or operator of an air curtain destructor shall provide twenty-four (24) hour notification in advance to the local fire department and the local health department of the dates and times that the air curtain destructor will be in operation.

(13) The following shall apply to a portable air curtain destructor using a refractory-lined box:

(A) An air curtain destructor, refractory-lined box, and associated equipment shall be maintained and operated according to the manufacturer's specifications and recommendations.

(B) All nozzles shall be aligned and directed toward the opposite wall so that the air strikes the opposite wall below the top of the opposite wall.

(C) Access to the refractory-lined box must be restricted by official sunset each day.

(D) Opacity shall not exceed ten percent (10%), except during times of startup. Measurement of opacity shall be conducted in accordance with 40 CFR 60, Appendix A, Method 9.*

(E) During times of startup, opacity shall not exceed thirty-five percent (35%) and startup periods shall not exceed thirty (30) minutes.

(b) An air curtain destructor letter of approval shall be valid for no not longer than one (1) year.

(c) The commissioner or the commissioner's designated agent may add conditions to an air curtain destructor letter of approval as necessary to prevent a public nuisance or protect the public health.

(d) A decision on the air curtain destructor letter of approval is subject to IC 4-21.5 (Administrative Orders and Procedures Act (AOPA)).

*This document is incorporated by reference and is available from the Government Printing Office, 732 North Capitol Avenue NW, Washington, D.C. 20401 or is available for review and copying at the Indiana Department of Environmental Management, Office of Air Quality, Indiana Government Center North, Tenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204.

(Air Pollution Control Board; 326 IAC 4-1-7; filed Jan 6, 1989, 3:30 p.m.: 12 IR 1127; filed Jul 30, 1996, 2:00 p.m.: 19 IR 3345; errata filed Oct 3, 2000, 2:31 p.m.: 24 IR 381; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; filed Oct 11, 2012, 1:02 p.m.: 20121107-IR-326110317FRA)

LSA Document #11-317(F)

Proposed Rule: 20120530-IR-326110317PRA

Hearing Held: August 1, 2012

Approved by Attorney General: October 4, 2012

Approved by Governor: October 11, 2012

Filed with Publisher: October 11, 2012, 1:02 p.m.

Documents Incorporated by Reference: None Received by Publisher

Small Business Regulatory Coordinator: Jessica Faust-Hamblin, IDEM Small Business Regulatory Coordinator, MC 60-04 IGCS W041, 100 North Senate Avenue, Indianapolis, IN 46204-2251, [phone] or [phone], [e-mail]

Small Business Assistance Program Ombudsman: Brad Baughn, IDEM Small Business Assistance Program Ombudsman, MC 50-01 IGCN 1301, 100 North Senate Avenue, Indianapolis, IN 46204-2251, [phone] or [phone], [e-mail]

Posted: 11/07/2012 by Legislative Services Agency

DIN: 20121107-IR-326110317FRA

Composed: Nov 01,2016 1:30:43AM EDT

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