Md. Code Regs. 26.13.05.16 - Thermal Destruction of Hazardous Waste
A. Definitions.
(1) As used in this regulation and in COMAR
26.13.07.22 o, the following terms
have the meanings indicated.
(2)
"Acute hazardous waste" means hazardous waste that is classified pursuant to
COMAR 26.13.02.19 o as acute hazardous
waste, except for quantities that satisfy the small quantity exclusion in COMAR
26.13.02.05 o C.
(3) "Electric generating station" means a
fuel burning facility constructed or operated by an electric company that
provides electric energy for public consumption and whose activities are
controlled by the Public Service Commission under Article 78, Annotated Code of
Maryland.
(4) "Installation" means
any article, machine, equipment, or other contrivance, including, but not
limited to, emission control equipment, processing equipment, manufacturing
equipment, fuel burning equipment, incinerators, or any equipment or
construction, capable of generating, causing, or reducing emissions, as defined
in COMAR 26.11.01.01 o B(19).
(5) "Installation that has an air quality
permit to operate" means an installation subject to COMAR
26.11.02.13 o for which an air
quality permit to operate has been issued.
(6) "Small quantity hazardous waste" means
hazardous waste that satisfies the small quantity exclusion at COMAR
26.13.02.05 o C, except for
polychlorinated biphenyls (PCBs).
B. Applicability.
(1) This regulation applies to owners and
operators of installations used to thermally destroy hazardous waste, except as
Regulation .01 of this chapter provides otherwise. The following facility
owners and operators are examples of persons considered to thermally destroy
hazardous waste:
(a) Owners or operators of
hazardous waste incinerators as defined by COMAR
26.13.01.03 o; or
(b) Owners or operators who burn hazardous
waste in boilers or in industrial furnaces in order to destroy the
wastes.
(2) After
consideration of the waste analysis included with the permit application, the
Department, in establishing the permit conditions, will exempt the applicant
from all requirements of this regulation except §§C, D, F(3), (4) and (5), H,
and L if the:
(a) Department finds that the
waste to be burned is:
(i) Listed as a
hazardous waste in COMAR
26.13.02.15 o -.19 solely because
it is ignitable (Hazard Code I), corrosive (Hazard Code C), or both;
(ii) Listed as a hazardous waste in COMAR
26.13.02.15 o -.19 solely because
it is reactive (Hazard Code R) for characteristics other than those listed in
COMAR 26.13.02.13 o A(4) and (5), and
will not be burned when other hazardous wastes are present in the combustion
zone;
(iii) A hazardous waste
solely because it possesses the characteristics of ignitability, corrosivity,
or both, as determined by the test for characteristics of hazardous wastes
under COMAR
26.13.02.11 o -.13; or
(iv) A hazardous waste solely because it
possesses any of the reactivity characteristics described by COMAR
26.13.02.13 o A(1)-(3) and
(6)-(8), and will not be burned when other hazardous wastes are present in the
combustion zone; and
(b)
Waste analysis shows that the waste contains none of the hazardous constituents
listed in COMAR
26.13.02.24 o, which would
reasonably be expected to be in the waste.
(3) If the waste to be burned is one which is
described by §B(2)(a)(i), (ii), (iii), or (iv) of this regulation, and contains
insignificant concentration of the hazardous constituents listed in COMAR
26.13.02.24 o, then the Department
may, in establishing permit conditions, exempt the applicant from all
requirements of this regulation except §§C, D, F(3)-(5), H, and L, of this
regulation, after consideration of the waste analysis included with the permit
application, unless the Department finds that the waste will pose a threat to
human health and the environment when burned in an incinerator.
(4) The owner or operator of a hazardous
waste incinerator may conduct trial burns subject only to the requirements of
COMAR 26.13.07.17 o.
C. General Requirements.
(1) Notwithstanding any other provision of
this subtitle, a person who thermally destroys hazardous waste is subject to
the requirements of this regulation. A person shall thermally destroy hazardous
waste in accordance with the provisions of §C(2)-(4), of this
regulation.
(2) Except for small
quantity hazardous waste, the following hazardous waste, if thermally
destroyed, shall be thermally destroyed only in a hazardous waste incinerator
that has been permitted under COMAR
26.13.07.02 o -.20 to thermally
destroy hazardous waste:
(a) Acute hazardous
waste.
(b) Hazardous waste, with a
heating value of less than 6,000 Btu/lb.
(c) Hazardous waste with a heating value of
6,000 Btu/lb. or greater, not used as a fuel for heat energy recovery, and
containing material listed in COMAR
26.13.02.24 o.
(d) Hazardous waste with a heating value of
6,000 Btu/lb. or greater containing a constituent or constituents having a
heating value of less than 6,000 Btu/lb. unless the:
(i) Applicant demonstrates to the
satisfaction of the Department that it is unnecessarily costly to separate the
waste; and
(ii) Hazardous waste
with a heating value of 6,000 Btu/lb. or greater does not contain more than 1
percent by volume of the constituent or constituents having a heating value of
less than 6,000 Btu/lb. except that if the constituents having a heating value
of less than 6,000 Btu/lb. is primarily water the volume may be greater than 1
percent. However, the Department reserves the right to limit the amount of
water present in the hazardous waste to be thermally destroyed such that the
flame temperature is not reduced to a level where incomplete combustion of the
hazardous waste may be expected.
(e) Hazardous waste or hazardous waste
mixtures that the Department determines will create a public health or
environmental hazard.
(3) All other hazardous waste, if thermally
destroyed, may be thermally destroyed in:
(a)
A hazardous waste incinerator permitted under COMAR
26.13.07.02 o -.20; or
(b) Any of the following installations that
have a limited facility permit under COMAR
26.13.07.22 o:
(i) Industrial furnaces identified in COMAR
26.13.01; and
(ii) Boilers, as
defined in COMAR 26.13.01, that are identified as industrial boilers located on
the site of a facility engaged in a manufacturing process where substances are
transformed into new products, including the component parts of products, by
mechanical or chemical processes; or utility boilers used to produce electric
power, steam, heated or cooled air or other gases or fluids for sale.
(4) A hazardous waste
may not be thermally destroyed in a manner inconsistent with the provision
contained in COMAR
26.13.10.02 o B(3).
(5) The requirements of the Federal Toxic
Substances Control Act, 15
U.S.C. §
2505(e) (TOSCA),
and regulations adopted under that Act, 40 CFR § 761, shall take precedence
over the requirements of this regulation concerning polychlorinated biphenyls
(PCBs), to the extent that there is any inconsistency between them. A person
may not thermally destroy PCBs except in compliance with the Toxic Substances
Control Act, 15 U.S.C.
2601 (TOSCA), and COMAR 26.13.07.
D. Waste Analysis.
(1) As a portion of the trial burn plan
required by COMAR
26.13.07.17 o B, or with the
permit application, the owner or operator shall include an analysis of the
waste feed sufficient to provide all information required by COMAR
26.13.07.02 o -6 and .17B. Owners
or operators of new hazardous waste incinerators shall provide the information
required by COMAR
26.13.07.17 o C to the greatest
extent possible.
(2) Throughout
normal operation the owner or operator shall conduct sufficient waste analysis
to verify that waste feed to the hazardous waste incinerator is within the
physical and chemical composition limits specified in his permit under §H(2) of
this regulation.
E.
Principal Organic Hazardous Constituents (POHCs).
(1) Principal Organic Hazardous Constituents
(POHCs) in the waste feed shall be treated to the extent required by the
performance standard of §F of this regulation.
(2) One or more POHCs will be specified in
the facility's permit from among those constituents listed in COMAR
26.13.02.24 o, for each waste feed
to be burned. This specification will be based on the degree of difficulty of
incineration of the organic constituents in the waste and on their
concentration or mass in the waste feed, considering the results of waste
analyses and trial burns or alternative data submitted with the facility's
permit application. Organic constituents which represent the greatest degree of
difficulty of incineration will be those most likely to be designated as POHCs.
Constituents are more likely to be designated as POHCs if they are present in
large quantities or concentrations in the waste.
(3) Trial POHCs will be designated for
performance of trial burns in accordance with the procedure specified in COMAR
26.13.07.17 o B for obtaining
trial burn permits.
F.
Performance Standards. A hazardous waste incinerator burning hazardous waste
shall be designed, constructed, and maintained so that when operated in
accordance with operating requirements specified under §H of this regulation,
it will meet the following performance standards:
(1) Destruction and Removal Efficiency.
(a) Except as provided in §F(1)(b) of this
regulation, it shall achieve a destruction and removal efficiency (DRE) of
99.99 percent for each principal organic hazardous constituent (POHC)
designated under §E, of this regulation, in its permit for each waste feed. DRE
is determined for each POHC from the following equation:
DRE = (Win - wout) x 100 percent / Win
where win = Mass feed rate of one principal organic hazardous constituent (POHC) in the waste stream feeding the hazardous waste incinerator; and Wout = Mass emission rate of the same POHC present in exhaust emissions before release to the atmosphere.
(b) An
incinerator burning hazardous wastes F020, F021, F022, F023, F026, and F027
shall achieve a destruction and removal efficiency (DRE) of 99.9999 percent for
each principal organic hazardous constituent (POHC) designated under §E of this
regulation in its permit. This performance shall be demonstrated on POHCs that
are more difficult to incinerate than tetra-, penta-, and
hexachlorodibenzo-p-dioxins and dibenzofurans. DRE is determined for each POHC
from the equation in §F(1)(a) of this regulation. In addition, the owner or
operator of the incinerator shall notify the Secretary of his intent to
incinerate hazardous wastes F020, F021, F022, F023, F026, and F027.
(2) When producing stack emissions
of more than 1.8 kilograms per hour (4 pounds per hour) of hydrogen chloride
(HCl), it shall control HCl emissions such that the rate of emission is not
greater than the larger of either 1.8 kilograms per hour or 1 percent of the
HCl in the stack gas prior to entering any pollution control
equipment.
(3) It may not emit
particulate matter in excess of 68.7 milligrams per dry standard cubic meter
(0.030 grain per dry standard cubic foot) when corrected as provided for at
COMAR 26.11.08.05 o.
(4) Visible Emissions Standard.
(a) A person may not cause or permit the
discharge of emissions from a hazardous waste incinerator that violate the
visible emissions standards in COMAR
26.11.08.04 o.
(b) A person may apply for an exception to
the visible emission standard in §F(4)(a) of this regulation, using the
procedures in COMAR
26.11.01.08 o.
(5) As provided in COMAR 26.11.08,
hazardous waste incinerators are subject to all applicable substantive
requirements of COMAR
26.11.02.12 o for New Source
Review (NSR) and Prevention of Significant Deterioration (PSD)
Sources.
(6) For purposes of permit
enforcement, compliance with the operating requirements specified in the permit
under §H, of this regulation, will be regarded as compliance with this section.
However, evidence that compliance with those permit conditions is insufficient
to ensure compliance with the performance requirements of this section may be
information justifying modification, revocation, or reissuance of a permit
under COMAR
26.13.07.11 o or
.20-.20-6.
G. Hazardous
Waste Incinerator Permits.
(1) The owner or
operator of a hazardous waste incinerator shall burn only wastes specified in
his permit and only under operating conditions specified for those wastes under
§H of this regulation, except:
(a) In
approved trial burns under COMAR
26.13.07.17 o B; or
(b) Under exemptions created by §B of this
regulation.
(2) Other
hazardous wastes shall be burned only after operating conditions have been
specified in a new permit or a permit modification as applicable. Operating
requirements for new wastes shall be based on either trial burn results or
alternative data included with a permit application.
(3) The permit for a new hazardous waste
incinerator shall establish appropriate conditions for each of the applicable
requirements of this section, including but not limited to allowable waste
feeds and operating conditions necessary to meet the requirements of §H, of
this regulation, sufficient to comply with the following standards:
(a) For the period beginning with initial
introduction of hazardous waste to the incinerator and ending with initiation
of the trial burn, and only for the minimum time required to establish
operating conditions required in §G(3)(b), of this regulation, not to exceed a
duration of 720 hours operating time for incineration of hazardous waste, the
operating requirements shall be those most likely to ensure compliance with the
performance standards of §F, of this regulation, based on the Department's
engineering judgment. The Department may extend the duration of this period
once for up to 720 additional hours when good cause for the extension is
demonstrated by the applicant.
(b)
For the duration of the trial burn, the operating requirements shall be
sufficient to demonstrate compliance with the performance standards of §F of
this regulation, and shall be in accordance with the approved trial burn
plan.
(c) For the period
immediately following completion of the trial burn, and only for the minimum
period sufficient to allow sample analysis, data computation, and submission of
the trial burn results by the applicant, and review of the trial burn results
and modification of the facility permit by the Department, the operating
requirements shall be those most likely to ensure compliance with the
performance standards of §F based on the Department's engineering
judgment.
(d) For the remaining
duration of the permit, the operating requirements shall be those demonstrated,
in a trial burn or by alternative data specified in the permit application, as
sufficient to ensure compliance with the performance standards of §F of this
regulation.
H. Operating Requirements.
(1) A hazardous waste incinerator shall be
operated in accordance with operating requirements specified in the permits.
These will be specified on a case-by-case basis as those demonstrated (in a
trial burn or in alternative data as specified in §G(2) of this regulation, and
included in a facility's permit application) to be sufficient to comply with
the performance standards of §F of this regulation.
(2) Each set of operating requirements will
specify the composition of the waste feed, including acceptable variations in
the physical or chemical properties of the waste feed which do not affect
compliance with the performance requirements of §F ,of this regulation, to
which the operating requirements apply. For such waste feed, the permit will
specify acceptable operating limits including the following conditions:
(a) Carbon monoxide (CO) level in the stack
exhaust gas;
(b) Waste feed
rate;
(c) Combustion
temperature;
(d) An appropriate
indicator of combustion gas velocity;
(e) Allowable variations in incinerator
system design or operating procedures; and
(f) Such other operating requirements as are
necessary to ensure that the performance standards of §F are met.
(3) During start-up and shut-down
of a hazardous waste incinerator, hazardous waste, except wastes exempted in
accordance with §B, of this regulation, may not be fed into the incinerator
unless the incinerator is operating within the conditions of operation
(temperature, air feed rate, etc.) specified in the permit.
(4) Fugitive emissions from the combustion
zone shall be controlled by:
(a) Keeping the
combustion zone totally sealed against fugitive emissions;
(b) Maintaining a combustion zone pressure
lower than atmospheric pressure; or
(c) An alternate means of control
demonstrated (with the permit application) to provide fugitive emissions
control equivalent to maintenance of combustion zone pressure lower than
atmospheric pressure.
(5) A hazardous waste incinerator shall be
operated with a functioning system to automatically cut off waste feed to the
incinerator when operating conditions deviate from limits established under
§H(1) of this regulation.
(6) A
hazardous waste incinerator shall cease operation when changes in waste feed,
incinerator design, or operating conditions exceed limits designated in its
permit.
I. Monitoring
and Inspections.
(1) The owner or operator
shall conduct, as a minimum, the following monitoring while incinerating
hazardous waste:
(a) Combustion temperature,
waste feed rate, and the indicator of combustion gas velocity specified in the
facility permit shall be monitored on a continuous basis;
(b) CO shall be monitored on a continuous
basis at a point in the hazardous waste incinerator downstream of the
combustion zone and before release to the atmosphere;
(c) Upon request by the Department, sampling
and analysis of the waste and exhaust emissions shall be conducted to verify
that the operating requirements established in the permit achieve the
performance standards of §F of this regulation.
(2) The hazardous waste incinerator and
associated equipment (pumps, valves, conveyors, pipes, etc.) shall be subjected
to thorough visual inspection, at least daily, for leaks, spills, fugitive
emissions, and signs of tampering.
(3) The emergency waste feed cutoff system
and associated alarms shall be tested at least weekly to verify operability,
unless the applicant demonstrates to the Department that weekly inspections
will unduly restrict or upset operations and that less frequent inspection will
be adequate. At a minimum, operational testing shall be conducted at least
monthly.
(4) This monitoring and
inspection data shall be recorded and the records shall be placed in the
operating log required by Regulation .05D of this chapter.
J.-K. (Reserved)
L. Closure. At closure, the owner or operator
shall remove all hazardous waste and hazardous waste residues (including but
not limited to ash, scrubber waters, and scrubber sludges) from the incinerator
site.
M. Existing Hazardous Waste
Incinerators. Not later than 6 months after the effective date of this
regulation, the owner or operator of any existing hazardous waste incinerator
shall submit a completed permit application for that hazardous waste
incinerator, as provided for in COMAR
26.13.07.02 o -.19, or cease to
operate the incinerator.
Notes
Regulations .16A amended, effective February 13, 1984 (11:3 Md. R. 202)
Regulation .16G adopted effective April 18, 1988 (15:8 Md. R. 1009)
Regulations .16 recodified to Regulations .17_.19
Regulation .16A, F amended effective May 8, 1995 (22:9 Md. R. 648)
Regulation .16D amended effective September 10, 1997 (24:5 Md. R. 413)
Regulation .16F amended effective May 1, 2008 (35:8 Md. R. 809)
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