--- kind: "section" citation: "40 C.F.R. § 65.148" title: "40" number: "65.148" heading: "Incinerators." url: "https://uscodex.org/cfr/40/65.148" --- # §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 [§ 65.63(a)(2)](/cfr/40/65.63.md?p=a-2), or [40 CFR 60.562-1(a)(1)(i)(A)](/cfr/40/60.562-1.md?p=a-1-i-A) for process vents, or [§ 65.83(a)(1)](/cfr/40/65.83.md?p=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 [§ 65.157(b)](/cfr/40/65.157.md?p=b) and [paragraph (b)(2)](#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 §§ [65.157](/cfr/40/65.157.md) and [65.158](/cfr/40/65.158.md). Performance test records shall be kept as specified in § [65.160(a)](/cfr/40/65.160.md?p=a) and [(b)](/cfr/40/65.160.md?p=b), and a performance test report shall be submitted as specified in [§ 65.164](/cfr/40/65.164.md). As provided in [§ 65.145(b)(1)](/cfr/40/65.145.md?p=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 [§ 65.146(b)](/cfr/40/65.146.md?p=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](/cfr/40/part270.md) and complies with the requirements of [40 CFR part 264](/cfr/40/part264.md), [subpart O](/cfr/40/subpartO.md), or has certified compliance with the interim status requirements of [40 CFR part 265](/cfr/40/part265.md), subpart O. The owner or operator shall report as specified in [§ 65.165(f)](/cfr/40/65.165.md?p=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 [§ 65.167(a)](/cfr/40/65.167.md?p=a) before implementing the change. Upon implementing the change, an incinerator performance test shall be performed using the methods specified in [§ 65.157](/cfr/40/65.157.md) and within 180 days if required by [paragraph (b)(1)](#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 [§ 65.164(b)(2)](/cfr/40/65.164.md?p=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 §§ [65.63(e)](/cfr/40/65.63.md?p=e) and [65.67(b)](/cfr/40/65.67.md?p=b) and submit the notification specified in [§ 65.167(a)](/cfr/40/65.167.md?p=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)](#c-1-i) or [(ii)](#c-1-ii) of this section is required. Monitoring results shall be recorded as specified in [§ 65.161](/cfr/40/65.161.md). General requirements for monitoring and continuous parameter monitoring systems are contained in [§ 65.156](/cfr/40/65.156.md). - (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 [§ 65.165(c)](/cfr/40/65.165.md?p=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 [§ 65.157(b)(1)](/cfr/40/65.157.md?p=b-1) or upon existing ranges or limits established under a referencing subpart. ## Notes ### Authority Authority: 42 U.S.C. 7401 et seq. ### Source Source: 65 FR 78285, Dec. 14, 2000, unless otherwise noted.