Sec. 26.13.05.16. Thermal Destruction of Hazardous Waste

A. Definitions.

(1) As used in this regulation and in COMAR 26.13.07.22, the following terms have the meanings indicated.

(2) "Acute hazardous waste" means hazardous waste that is classified pursuant to COMAR 26.13.02.19 as acute hazardous waste, except for quantities that satisfy the small quantity exclusion in COMAR 26.13.02.05C.

(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 26.11.01.01B(19).

(5) "Installation that has an air quality permit to operate" means an installation subject to COMAR 26.11.02.13 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 26.13.02.05C, 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; 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-.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-.19 solely because it is reactive (Hazard Code R) for characteristics other than those listed in COMAR 26.13.02.13A(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-.13; or

(iv) A hazardous waste solely because it possesses any of the reactivity characteristics described by COMAR 26.13.02.13A(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, 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, 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.

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-.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.

(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-.20; or

(b) Any of the following installations that have a limited facility permit under COMAR 26.13.07.22:

(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 26.13.10.02B(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 26.13.07.17B, 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 26.13.07.02-6 and .17B. Owners or operators of new hazardous waste incinerators shall provide the information required by COMAR 26.13.07.17C 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, 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 26.13.07.17B 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 = (W_in - w_out) × 100 percent / W_in

where w_in = Mass feed rate of one principal organic hazardous constituent (POHC) in the waste stream feeding the hazardous waste incinerator; and W_out = 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.

(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.

(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.

(5) As provided in COMAR 26.11.08, hazardous waste incinerators are subject to all applicable substantive requirements of COMAR 26.11.02.12 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 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 26.13.07.17B; 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-.19, or cease to operate the incinerator.