Md. Code Regs. 26.13.07.17

Current through Register Vol. 51, No. 25, December 13, 2024

Section 26.13.07.17 - Hazardous Waste Incinerator Permits

A. Start-Up.

(1) For the purposes of determining operational readiness following completion of physical construction, the Department will establish permit conditions, including but not limited to allowable waste feeds and operating conditions, in the permit for a new hazardous waste incinerator. These permit conditions will be effective for the minimum time required to bring the incinerator to a point of operational readiness sufficient to conduct a trial burn, not to exceed 720 hours operating time for incineration of hazardous waste. The Department may extend the duration of this operational period once, for up to 720 additional hours, at the request of the applicant when good cause is shown. The permit may be modified to reflect the extension according to Regulation .13 of this chapter.

(2) Applicants shall submit a statement, with the permit application, which suggests the conditions necessary to operate in compliance with the performance standards of COMAR 26.13.05.16 s F during this period. This statement should include, at a minimum, restrictions on waste constituents, waste feed rates, and the operating parameters identified in COMAR 26.13.05.16 s H.

(3) The Department will review this statement and any other relevant information submitted with the permit application and specify requirements for this period sufficient to meet the performance standards of COMAR 26.13.05.16 s F based on its engineering judgment.

B. Trial Burn.

(1) For the purposes of determining feasibility of compliance with the performance standards of COMAR 26.13.05.16 s F and of determining adequate operating conditions under COMAR 26.13.05.16 s H, the Department will establish conditions in the permit to a new hazardous waste incinerator to be effective during the trial burn.

(2) Applicants shall propose a trial burn plan, prepared under §B(3), of this regulation.

(3) The trial burn plan shall include the following information:

(a) An analysis of each waste or mixture of wastes to be burned which includes:

(i) Heat value of the waste in the form and composition in which it will be burned.

(ii) The viscosity (if applicable, or description of physical form of the waste.

(iii) An identification of any hazardous organic constituents listed in COMAR 26.13.02.24 s which are present in the waste to be burned, except that the applicant need not analyze for constituents listed in COMAR 26.13.02.24 s which would reasonably not be expected to be found in the waste. The constituents excluded from analysis shall be identified, and the basis for their exclusion stated. The waste analysis shall rely on analytical techniques specified in 40 CFR Part 261, Appendix III.

(iv) A listing of any constituents excluded from the analysis required by §B(3)(a)(iii) of this regulation, and a statement of the basis for their exclusion.

(v) Use of analytical techniques specified in "Test Method for Evaluating Solid Waste, Physical/Chemical Methods", EPA Publication SW-846, which is incorporated by reference in COMAR 26.13.01.05 s A(4).

(vi) An approximate quantification of the hazardous constituents identified in the waste, within the precision produced by the analytical methods specified in "Test Method for Evaluating Solid Waste, Physical/Chemical Methods", EPA Publication SW-846, which is incorporated by reference in COMAR 26.13.01.05 s A(4).

(b) A detailed engineering description of the hazardous waste incinerator for which the permit is sought including:

(i) Manufacturer's name and model number of incinerator (if available);

(ii) Type of incinerator;

(iii) Linear dimensions of the incinerator unit including the cross-sectional area of combustion chamber;

(iv) Description of the auxiliary fuel system (type/feed);

(v) Capacity of prime mover;

(vi) Description of automatic waste feed cut-off system or systems;

(vii) Stack gas monitoring and pollution control equipment;

(viii) Nozzle and burner design;

(ix) Construction materials;

(x) Location and description of temperature, pressure, and flow indicating and control devices.

(c) A detailed description of sampling and monitoring procedures, including sampling and monitoring locations in the system, the equipment to be used, sampling and monitoring frequency, and planned analytical procedures for sample analysis.

(d) A detailed test schedule for each waste for which the trial burn is planned including date or dates, duration, quantity of waste to be burned, and other factors relevant to the Department's decision under §B(6) of this regulation.

(e) A detailed test protocol, including, for each waste identified, the ranges of temperature, waste feed rate, combustion gas velocity, use of auxiliary fuel, and any other relevant parameters that will be varied to affect the destruction and removal efficiency of the incinerator.

(f) A description of, and planned operating conditions for any emission control equipment which will be used.

(g) Procedures for rapidly stopping waste feed, shutting down the incinerator, and controlling emissions in the event of an equipment malfunction.

(h) Such other information as the Department reasonably finds necessary to determine whether to approve the trial burn plan in light of the purposes of this paragraph and the criteria in §B(6).

(4) The Department, in reviewing the trial burn plan, shall evaluate the sufficiency of the information provided and may require the applicant to supplement this information, if necessary, to achieve the purposes of this paragraph.

(5) Based on the waste analysis data in the trial burn plan, the Department will specify as trial Principal Organic Hazardous Constituents (POHCs), those constituents for which destruction and removal efficiencies must be calculated during the trial burn. These trial POHCs will be specified by the Department based on its estimate of the difficulty of incineration of the constituents identified in the waste analysis, their concentration or mass in the waste feed, and for wastes listed in COMAR 26.13.02.15 s -.19, the hazardous waste organic constituent or constituents identified in COMAR 26.13.02.24 s as the basis for listing.

(6) The Department will approve a trial burn plan if it finds that the:

(a) Trial burn is likely to determine whether the hazardous waste incinerator performance standard required by COMAR 26.13.05.16 s F can be met;

(b) Trial burn itself does not present an imminent hazard to human health or the environment;

(c) Trial burn will help the Department determine operating requirements to be specified under COMAR 26.13.05.16 s H; and

(d) Information sought in §B(6)(a) and (c) cannot reasonably be developed through other means.

(7) During each approved trial burn (or as soon after the burn as is practicable), the applicant shall make the following determinations:

(a) A quantitative analysis of the trial POHCs in the waste feed to the incinerator;

(b) A quantitative analysis of the exhaust gas for the concentration and mass emissions of the trial POHCs oxygen (O) and 2 hydrogen chloride (HCl);

(c) A quantitative analysis of the scrubber water (if any), ash residues, and other residues, for the purpose of estimating the fate of the trial POHCs;

(d) A computation of destruction and removal efficiency (DRE), in accordance with the DRE formula specified in COMAR 26.13.05.16 s F(1);

(e) If the HCl emission rate exceeds 1.8 kilograms of HCl per hour (4 pounds per hour), a computation of HCl removal efficiency in accordance with COMAR 26.13.05.16 s F(2);

(f) A computation of particulate emissions, in accordance with COMAR 26.13.05.16 s F(3);

(g) An identification of sources of fugitive emissions and their means of control;

(h) A measurement of average, maximum, and minimum temperatures and combustion gas velocity;

(i) A continuous measurement of carbon monoxide (CO) in the exhaust gas; and

(j) Such other information as the Department may specify as necessary to ensure that the trial burn will determine compliance with the performance standards in COMAR 26.13.05.16 s F and to establish the operating conditions required by COMAR 26.13.05.16 s H as necessary to meet those performance standards.

(8) The applicant shall submit to the Department a certification that the trial burn has been carried out in accordance with the approved trial burn plan, and shall submit the results of all the determinations required in §B(7). This submission shall be made within 90 days of completion of the trial burn, or later if approved by the Department.

(9) All data collected during any trial burn shall be submitted to the Department following the completion of the trial burn.

(10) All submissions required by this subsection shall be certified on behalf of the applicant by the signature of a person authorized to sign a permit application or a report under Regulation .03 of this chapter.

(11) Based on the results of the trial burn, the Department shall set the operating requirements in the final permit according to COMAR 26.13.05.16 s H. The permit modification shall proceed as a minor modification according to Regulation .13 of this chapter.

(12) Notifications Concerning Trial Burns.

(a) The Department shall send a notice announcing the scheduled beginning and completion dates for the trial burn to:

(i) All persons on the facility mailing list developed in accordance with Regulation .20-2E(1)(d) of this chapter; and

(ii) The appropriate units of State and local government as identified in Regulation .20-2E(1)(e)-(f) of this chapter.

(b) The applicant may not commence the trial burn until after the Department has issued the notice required by §B(12)(a) of this regulation.

(c) The Department shall mail the notice required by §B(12)(a) of this regulation at least 30 days before the scheduled start of the trial burn, except that an additional notice is not required if the start of the trial burn is delayed due to circumstances beyond the control of the facility or the Department.

(d) The Department shall include in the notice required by §B(12)(a) of this regulation:

(i) The name and telephone number of the applicant's contact person;

(ii) The name and telephone number of the Department's contact office;

(iii) The location where the approved trial burn plan and supporting documents can be reviewed and copied; and

(iv) Expected dates for the beginning and the completion of the trial burn.

C. Post Trial Burn.

(1) For the purposes of allowing operation of a new hazardous waste incinerator following completion of the trial burn and before final modification of the permit conditions to reflect the trial burn results, the Department may establish permit conditions, including but not limited to allowable waste feeds and operating conditions sufficient to meet the requirements of COMAR 26.13.05.16 s H, in the permit for a new hazardous waste incinerator. These permit conditions will be effective for the minimum time required to complete sample analysis, data computation and submission of the trial burn results by the applicant, and modification of the facility permit by the Department.

(2) Applicants shall submit a statement, with the permit application, which identified the conditions necessary to operate in compliance with the performance standards of COMAR 26.13.05.16 s F during this period. This statement should include, at a minimum, restrictions on waste constituents, waste feed rates, and the operating parameters identified in COMAR 26.13.05.16 s H.

(3) The Department will review this statement and any other relevant information submitted with the permit application and specify those requirements for this period most likely to meet the performance standards of COMAR 26.13.05.16 s based on its engineering judgment.

D. Existing Facilities-Submission of Trial Burn Plan and Performance of Trial Burn.

(1) Except as provided in §D(4) of this regulation, for the purposes of determining feasibility of compliance with the performance standards of COMAR 26.13.05.16 s F and of determining adequate operating conditions under COMAR 26.13.05.16 s H, the applicant for a permit for an existing hazardous waste incinerator shall:

(a) Prepare and submit a trial burn plan and perform a trial burn in accordance with Regulation .02-6B(2)(a) of this chapter and §B(3)-(10) of this regulation; or

(b) Submit other information as specified in Regulation .02-6C of this chapter.

(2) If the Secretary intends to approve a trial burn plan submitted in accordance with §D(1)(a) of this regulation, the Secretary shall provide notification in accordance with the timing and distribution requirements of §B(12) of this regulation.

(3) The Secretary shall include in the notice required by §D(2) of this regulation:

(a) The name and telephone number of the applicant's contact person;

(b) The name and telephone number of the Department's contact office;

(c) The location where the trial burn plan and supporting documents can be reviewed and copied; and

(d) A schedule of the activities that are required before permit issuance, including the:

(i) Anticipated time schedule for the Department's approval of the plan; and

(ii) Time period during which the trial burn is expected to be conducted.

(4) Applicants who submit information under Regulation .02-6B(1) of this chapter to qualify for the exemption of COMAR 26.13.05.16 s B are exempt from the requirement to conduct a trial burn unless they fail to qualify for the exemption of COMAR 26.13.05.16 s B, which relates to facilities that burn only ignitable, corrosive, or reactive wastes.

(5) Applicants who submit trial burn plans and receive approval before submission of a permit application shall complete the trial burn and submit the results of the determinations required under §B(7) of this regulation with the permit application.

(6) If completion of the process described in §D(5) of this regulation conflicts with the date set for submission of the application, the applicant shall contact the Department to establish a later date for submission of the application or the trial burn results.

(7) If the applicant submits a trial burn plan with Part B of the permit application, the Secretary shall specify a time period before permit issuance in which the applicant shall conduct the trial burn and submit the results.

Md. Code Regs. 26.13.07.17