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<regulation prefix="Regulation" num=".08-2" citation="COMAR 26.11.08.08-2" title_num="26" subtitle_num="11" chapter_num="08" heading="Emission Standards and Requirements for HMIWIs Under 40 CFR 60 Subpart Ce as Revised October 6, 2009.">
  <paragraph num="A.">
    <text>Applicability and Emission Standards. The emission standards and requirements of §B(1)—(7) and §C(1)—(6) of this regulation apply to a person who owns or operates an HMIWI subject to 40 CFR Part 60, Subpart Ce, as revised, October 6, 2009.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Emission Limits and Requirements for Small, Medium, and Large HMIWIs.</text>
    <paragraph num="(1)">
      <text>A person who owns or operates a small, medium, or large HMIWI for which construction was commenced on or before June 20, 1996 or for which modification commenced on or before March 16, 1998 shall comply with the following emission limits.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A person who owns or operates a small, medium, or large HMIWI for which construction was commenced after June 20, 1996 but no later than December 1, 2008, or for which modification commenced after March 16, 1998 but no later than April 6, 2010, shall comply with the following emission limits.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Waste Management Plan.</text>
      <paragraph num="(a)">
        <text>A person who owns or operates an HMIWI subject to §B of this regulation shall prepare a Waste Management Plan that identifies the feasibility and the approach to solid waste segregation or material substitution to reduce the amount of toxics emissions.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The Waste Management Plan shall meet the requirements of 40 CFR §60.55c.</text>
      </paragraph>
      <paragraph num="(c)">
        <text>A revised Waste Management Plan shall be submitted to the Department within 60 days of completion of the required initial compliance tests under this regulation.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>Compliance and Performance Testing.</text>
      <paragraph num="(a)">
        <text>A person who owns or operates an HMIWI subject to §B of this regulation shall complete the initial and subsequent tests which meet the conditions and requirements using test methods and procedures listed under 40 CFR §§60.56c(b)(1) to (b)(6) and (b)(9) to (b)(14), except for annual fugitive and CO emissions testing requirements, which shall comply with 40 CFR §§60.56c(c)(3) and (4).</text>
      </paragraph>
      <paragraph num="(b)">
        <text>In addition to the specified test method, compliance with the emissions limits in §B may be demonstrated by use of CEMS or any approved alternative non-EPA test methods allowed under 40 CFR §60.56c(b).</text>
      </paragraph>
    </paragraph>
    <paragraph num="(5)">
      <text>Monitoring Requirements. A person who owns or operates an HMIWI subject to §B of this regulation shall comply with the monitoring requirements under 40 CFR §60.57c.</text>
      <paragraph num="(a)">
        <text>Exemptions. A person may elect to use the exemptions listed under 40 CFR §§60.56c(c)(5)(ii) through (v), (c)(6), (c)(7), (e)(6) through (10), (f)(7) through (10), (g)(6) through (10), and (h) for HMIWI units subject to .08-2B(1).</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Alternative Compliance Option. A person may elect to use CO CEMS as specified under 40 CFR §60.56c(c)(4) or bag leak detection systems as specified under 40 CFR §60.57c(h).</text>
      </paragraph>
    </paragraph>
    <paragraph num="(6)">
      <text>Reporting and Record-Keeping Requirements. A person who owns or operates an HMIWI subject to §B of this regulation shall report to the Department and EPA and maintain records in accordance with the requirements listed in 40 CFR Part 60.58c(b)through (g), excluding 40 CFR §§60.58c(b)(2)(viii) and (b)(2)(xvii),(b)(2)(xviii) and (b)(2)(xix).</text>
    </paragraph>
    <aftertext>1Except as allowed under 40 CFR §60.56c(c) for HMIWI equipped with CEMS.</aftertext>
  </paragraph>
  <paragraph num="C.">
    <text>Emission Limits and Requirements for Small Rural Area HMIWIs.</text>
    <paragraph num="(1)">
      <text>A person who owns or operates a small rural area HMIWI for which construction was commenced on or before June 20, 1996, or for which modification commenced on or before March 16, 1998, shall comply with the following emission limits.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A person who owns or operates a small rural area HMIWI for which construction commenced after June 20, 1996 but no later than December 1, 2008, or for which modification was commenced after March 16, 1998 but no later than April 6, 2010, shall comply with the following emission limits.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Waste Management Plan.</text>
      <paragraph num="(a)">
        <text>A person who owns or operates a small rural area HMIWI subject to §C of this regulation shall prepare a Waste Management Plan that identifies the feasibility and the approach to solid waste segregation or material substitution to reduce the amount of toxics emissions.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The Waste Management Plan shall meet the requirements of 40 CFR Part §60.55c.</text>
      </paragraph>
      <paragraph num="(c)">
        <text>A revised Waste Management Plan shall be submitted to the Department within 60 days of completion of the required initial compliance tests under this regulation.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>Compliance and Performance Testing.</text>
      <paragraph num="(a)">
        <text>A person who owns or operates a small rural area HMIWI shall conduct the performance test in accordance with 40 CFR Part §60.56c, with the following requirement and exemptions:</text>
        <paragraph num="(i)">
          <text>The compliance test load and frequency shall be conducive to meeting the 2000 lbs/week limitation.</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>For an HMIWI subject to §C(1) of this regulation, the test methods listed in 40 CFR §§60.56c(b)(7),(8), (12),(13)(Pb and Cd), and (14) and the annual PM, CO, and HCl emissions testing requirements under 40 CFR §60.56c(c)(2) and the fugitive emissions testing requirements under 40 CFR §60.56c(c)(3) do not apply.</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>For an HMIWI subject to §C(2) of this regulation the annual fugitive emissions testing requirements under 40 CFR §60.56c(c)(3) do not apply.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>A person who owns or operates a small rural area HMIWI not equipped with an air pollution control device shall:</text>
        <paragraph num="(i)">
          <text>Establish the maximum charge rate and minimum secondary chamber temperature as site-specific operating parameters during the initial performance test to determine compliance with applicable emission limits as required in 40 CFR §60.37e(b)(2).</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Following the date on which the initial performance test is completed, an owner operator may not operate above the maximum charge rate or below the minimum secondary chamber temperature measured as 3-hour rolling averages (calculated each hour as the average of the previous 3 operating hours) at any time, except during performance tests.</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Except as provided in §C(5)(b)(iii) of this regulation, operation of a small rural area HMIWI above the maximum charge rate and below the minimum secondary chamber temperature (each measured on a 3-hour rolling average) simultaneously shall constitute a violation of the PM, CO, and dioxin/furan emission limits.</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>Operation above the maximum charge rate or below the minimum secondary chamber temperature shall constitute a violation of the established operating parameters.</text>
        </paragraph>
        <paragraph num="(v)">
          <text>The owner or operator may conduct a repeat performance test within 30 days of violation of any applicable operating parameter to demonstrate that the HMIWI is not in violation of the applicable emission limit.</text>
        </paragraph>
        <paragraph num="(vi)">
          <text>Repeat performance tests conducted pursuant to §C(4)(b)(v) of this regulation shall be conducted after notification to the Department.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(c)">
        <text>In addition to the specified test method, compliance with the emissions limits in §C may be demonstrated by use of CEMS or any approved alternative non-EPA test methods allowed under 40 CFR §60.56c(b).</text>
      </paragraph>
    </paragraph>
    <paragraph num="(5)">
      <text>Monitoring Requirements.</text>
      <paragraph num="(a)">
        <text>A person who owns or operates a small rural area HMIWI shall comply with 40 CFR Part §60.57c.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A person who owns or operates a small rural area HMIWI without an air pollution control device shall comply with the following requirements:</text>
        <paragraph num="(i)">
          <text>Install, calibrate (to manufacturers' specifications), maintain, and operate a device for measuring and recording the temperature of the secondary chamber on a continuous basis, the output of which shall be recorded, at a minimum, once every minute throughout operation;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Install, calibrate (to manufacturers' specifications), maintain, and operate a device which automatically measures and records the date, time, and weight of each charge fed into the HMIWI; and</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>At a minimum, valid monitoring data shall be obtained for 75 percent of the operating hours per day and 90 percent of the operating hours per calendar quarter that the HMIWI is combusting hospital waste or medical/infectious waste, or both.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(c)">
        <text>Exemptions.</text>
        <paragraph num="(i)">
          <text>For an HMIWI subject to the requirements of §C(1) of this regulation, the CO CEMS requirements under 40 CFR §60.56c(c)(4), and the compliance requirements for monitoring listed in 40 CFR §§60.56c(c)(5) through (7) and (d) through (k) do not apply.</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>For an HMIWI subject to the requirements of §C(2) of this regulation, CO CEMS requirements under 40 CFR §60.56c(c)(4), and the compliance requirements for monitoring listed in 40 CFR §§60.56c(c)(5)(ii) through (v), (c)(6) through (10), (e)(6) through (10), (f)(7) through (10), and g(6) through (10) do not apply.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(6)">
      <text>Reporting and Record-Keeping. A person who owns or operates a small rural area HMIWI shall:</text>
      <paragraph num="(a)">
        <text>Maintain records of the annual equipment inspections, any required maintenance, and any repairs not completed within10 days of an inspection or the time frame established by the Department; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Submit a report signed by the facility manager containing the information recorded under §B(6)(a) of this regulation in accordance with the following schedule:</text>
        <paragraph num="(i)">
          <text>For a source subject to the permitting requirements under Title V of the federal Clean Air Act, the report shall be submitted semiannually.</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>For a source other than one subject to Title V of the federal Clean Air Act, the report shall be submitted annually, and not later than 60 days following the year in which the data was collected.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(c)">
        <text>Those records required by 40 CFR §§60.58c(b)(2)(viii) and (b)(2)(xvii), (b)(2)(xviii), and (b)(2)(xix), and (b)(7) are not required under §C(6) of this regulation.</text>
      </paragraph>
    </paragraph>
    <aftertext>1Except as allowed under 40 CFR §60.56c(c) for HMIWI equipped with CEMS.</aftertext>
  </paragraph>
  <paragraph num="D.">
    <text>Equipment Inspection Requirements.</text>
    <paragraph num="(1)">
      <text>Each HMIWI shall undergo by June 15, 2012 an initial equipment inspection and subsequent annual inspections that at a minimum include the following:</text>
      <paragraph num="(a)">
        <text>Inspect all burners, pilot assemblies, and pilot sensing devices for proper operation and clean pilot flame sensor, as necessary;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Ensure proper adjustment of primary and secondary chamber combustion air, and adjust as necessary;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Inspect hinges and door latches, and lubricate as necessary;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Inspect dampers, fans, and blowers for proper operation;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Inspect HMIWI door and door gaskets for proper sealing;</text>
      </paragraph>
      <paragraph num="(f)">
        <text>Inspect motors for proper operation;</text>
      </paragraph>
      <paragraph num="(g)">
        <text>Inspect primary chamber refractory lining; clean and repair or replace lining as necessary;</text>
      </paragraph>
      <paragraph num="(h)">
        <text>Inspect incinerator shell for corrosion or hot spots, or both;</text>
      </paragraph>
      <paragraph num="(i)">
        <text>Inspect secondary/tertiary chamber and stack and clean as necessary;</text>
      </paragraph>
      <paragraph num="(j)">
        <text>Inspect mechanical loader, including limit switches, for proper operation, if applicable;</text>
      </paragraph>
      <paragraph num="(k)">
        <text>Visually inspect waste bed (grates), and repair or seal, as appropriate;</text>
      </paragraph>
      <paragraph num="(l)">
        <text>For the burn cycle that follows the inspection, document that the incinerator is operating properly and make any necessary adjustments;</text>
      </paragraph>
      <paragraph num="(m)">
        <text>Inspect air pollution control device or devices for proper operation, if applicable;</text>
      </paragraph>
      <paragraph num="(n)">
        <text>Inspect waste heat boiler systems to ensure proper operation, if applicable;</text>
      </paragraph>
      <paragraph num="(o)">
        <text>Inspect bypass stack components;</text>
      </paragraph>
      <paragraph num="(p)">
        <text>Ensure proper calibration of thermocouples, sorbent feed systems and any other monitoring equipment; and</text>
      </paragraph>
      <paragraph num="(q)">
        <text>Generally observe that the equipment is maintained in good operating condition.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Within 10 operating days following an equipment inspection, all necessary repairs shall be completed unless the owner or operator obtains written approval from the Department for a different date to complete all necessary repairs.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Each HMIWI shall undergo an equipment inspection annually (within 12 months following the previous annual equipment inspection), in accordance with the requirements of §D(1) of this regulation.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The control device of an HMIWI shall undergo by June 15, 2012, an initial inspection that at a minimum includes the following:</text>
      <paragraph num="(a)">
        <text>Inspect air pollution control device(s) for proper operation, if applicable;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Ensure proper calibration of thermocouples, sorbent feed systems, and any other monitoring equipment;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Generally observe that the equipment is maintained in good operating condition; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Within 10 operating days following an air pollution control device inspection, all necessary repairs shall be completed unless the owner or operator obtains written approval from the Department establishing a date whereby all necessary repairs of the designated facility shall be completed.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(5)">
      <text>The control device of HMIWI shall undergo an inspection annually (within 12 months following the previous annual inspection), in accordance with the requirements of §D(4) of this regulation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Compliance Schedules.</text>
    <paragraph num="(1)">
      <text>A person who owns or operates a HMIWI subject to this regulation shall:</text>
      <paragraph num="(a)">
        <text>Comply with all the requirements of §E of this regulation and related 40 CFR Part 62, Subpart V revision requirements by June 15, 2012 or as expeditiously as practicable; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Submit to the Department and the EPA for approval, a compliance plan by December 15, 2011 that includes the following increments of progress:</text>
        <paragraph num="(i)">
          <text>Award contracts for control systems or process modifications or orders for purchase of components no later than June 15, 2012;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Initiate on-site construction or installation of the air pollution control device(s) or process changes no later than December 15, 2012;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Complete on-site construction or installation of control equipment or process changes by no later than December 15, 2013;</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>Comply with the requirements of this regulation and related 40 CFR Part 62, Subpart V revision as expeditiously as practicable, but no later than October 6, 2014; and</text>
        </paragraph>
        <paragraph num="(v)">
          <text>Complete the compliance testing within 180 days after the final compliance date.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>A person who anticipates an inability to comply with the interim compliance dates described in §E(1)(b)(i)—(iii) of this regulation may submit to the Department and the EPA an alternative compliance plan designed to achieve compliance with §E(1)(b)(iv)—(v) of this regulation, and shall be bound by such plan upon the Department’s and the EPA's approval.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>Compliance Based on Previous Test Results. A person who owns or operates an HMIWI or a small rural area HMIWI subject to this regulation may use previous emissions tests to demonstrate compliance with the requirements of this regulation provided:</text>
    <paragraph num="(1)">
      <text>The test was conducted using the applicable procedures and test methods listed in 40 CFR §60.56c(b) or EPA-accepted voluntary consensus standards;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The HMIWI is to be operated in a manner (e.g., with charge rate, secondary chamber temperature, etc.) that would be expected to result in the same or lower emissions than observed during the previous emissions test(s);</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The HMIWI has not been modified such that emissions would be expected to exceed (notwithstanding normal test-to-test variability) the results from previous emissions test(s); and</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The previous emissions test(s) were conducted in 1996 or later.</text>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>HMIWI Shutdown.</text>
    <paragraph num="(1)">
      <text>A person who owns or operates a HMIWI and plans to shutdown rather than comply with the requirements of this regulation and amended 40 CFR Part 60 Subpart Ce shall cease operations by June 15, 2012, but not later than October 6, 2014, as provided in §G(2) of this regulation.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A request for an extension of the June 15, 2012 cease operation deadline shall be submitted to the Department by April 30, 2012 and contain the following information:</text>
      <paragraph num="(a)">
        <text>Documentation of the analysis undertaken to support the need for an extension, including a justification for the length of the period of the extension;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>An evaluation of the option to transport the waste off site to a commercial medical waste treatment and disposal facility on a temporary or permanent basis; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>A plan that documents measurable and enforceable incremental steps of progress to be taken towards permanent facility closure no later than October 6, 2014.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="H.">
    <text>Shut-Down Extension Requests for the Installation of Alternative Treatment Technologies. A person who owns or operates an HMIWI and requests an extension to install alternative treatment technologies shall:</text>
    <paragraph num="(1)">
      <text>Submit by April 30, 2012 a request to the Department to install alternative treatment technology;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Initiate onsite construction or installation of alternative technology by December 15, 2012;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Complete onsite construction or installation by December 15, 2013;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Shut down the existing HMIWI as expeditiously as practicable but no later than October 6, 2014; and</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Render the existing HMIWI inoperative as expeditiously as practicable.</text>
    </paragraph>
  </paragraph>
</regulation>