(a) General. Incinerators installed on or after March 26, 1998 must meet the requirements of IMO MEPC.76(40) (incorporated by reference; see §63.05-1). Incinerators in compliance with ISO 13617 (incorporated by reference; see §63.05-1), are considered to meet IMO MEPC.76(40). Incinerators in compliance with both ASTM F 1323 (incorporated by reference; see §63.05-1) and Annexes A1-A3 of IMO MEPC.76(40) are considered to meet IMO MEPC.76(40). An application for type approval of shipboard incinerators may be delivered to the Commanding Officer, Marine Safety Center, U.S. Coast Guard, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593, or it may be transmitted by mail to the Commanding Officer (MSC), Attn: Marine Safety Center, U.S. Coast Guard Stop 7430, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7430.

(b) Testing. Before type approval is granted, the manufacturer must have tests conducted, or submit evidence that such tests have been conducted by an independent laboratory acceptable to the Commandant (CG-521). The laboratory must:

(1) Have the equipment and facilities for conducting the inspections and tests required by this section;

(2) Have experienced and qualified personnel to conduct the inspections and tests required by this section;

(3) Have documentary proof of the laboratory's qualifications to perform the inspections and tests required by this section; and

(4) Not be owned or controlled by a manufacturer, supplier, or vendor of shipboard incinerators.

(c) Prohibited substances. Shipboard incineration of the following substances is prohibited:

(1) Annex I, II, and III cargo residues of IMO MARPOL 73/78 (incorporated by reference; see 46 CFR 63.05-1) and related contaminated packing materials.

(2) Polychlorinated biphenyls (PCBs).

(3) Garbage, as defined in Annex V of IMO MARPOL 73/78, containing more than traces of heavy metals.

(4) Refined petroleum products containing halogen compounds.

(d) Operating manual. Each ship with an incinerator subject to this rule must possess a manufacturer's operating manual, which must specify how to operate the incinerator within the limits described in Annex A1.5 of IMO MEPC.76(40).

(e) Training. Each person responsible for operating any incinerator must be trained and be capable of implementing the guidance provided in the manufacturer's operating manual.

(f) Acceptable methods and standards for testing emissions. The methods and standards for testing emissions that the laboratory may use in determining emissions-related information described in Annex A1.5 of IMO MEPC.76(40) are:

(1) 40 CFR part 60 Appendix A, Method 1-Sample and velocity traverses for stationary sources;

(2) 40 CFR part 60 Appendix A, Method 3A-Determination of oxygen and carbon dioxide concentrations in emissions from stationary sources (instrumental-analyzer procedure);

(3) 40 CFR part 60 Appendix A, Method 5-Determination of particulate emissions from stationary sources;

(4) 40 CFR part 60 Appendix A, Method 9-Visual determination of the opacity of emissions from stationary sources;

(5) 40 CFR part 60 Appendix A, Method 10-Determination of carbon-monoxide emissions from stationary sources;

(6) ISO 9096 (incorporated by reference; see 46 CFR 63.05-1); and

(7) ISO 10396 (incorporated by reference; see 46 CFR 63.05-1).

[USCG-2003-16630, 73 FR 65191, Oct. 31, 2008, as amended by USCG-2009-0702, 74 FR 49229, Sept. 25, 2009; USCG-2013-0671, 78 FR 60149, Sept. 30, 2013; USCG-2016-0498, 82 FR 35090, July 28, 2017]