# COMAR Title 26 — Department of the Environment

## Subtitle 11 — Air Quality

### Chapter 08 — Control of Incinerators

**Authority:** Environment Article, §§1-101, 1-404, 2-101—2-103, 2-301—2-303, 2-406, 10-102, and 10-103, Annotated Code of Maryland

**Administrative History:** Effective date: July 18, 1980 (7:12 Md. R. 1148)

**Administrative History:** Regulations .01B, .04A and B, and .05A and B amended; .01D and .06 adopted effective March 25, 1984 (11:3 Md. R. 202)

**Administrative History:** Regulations .01C, .03A, .04C, and .05A amended effective June 8, 1981 (8:9 Md. R. 800)

**Administrative History:** Regulations .01, .03, .04, and .05 amended effective December 3, 1984 (11:22 Md. R. 1899)

**Administrative History:** Regulation .05A amended effective January 18, 1982 (8:25 Md. R. 1995)

**Administrative History:** For the history of this subtitle before June 18, 1980, see the Administrative History of COMAR 26.11.01.

**Administrative History:** Chapter recodified from COMAR 10.18.08 to COMAR 26.11.08

**Administrative History:** Regulation .01 amended effective December 2, 1988 (15:22 Md. R. 2556); April 22, 1991 (18:6 Md. R. 689); November 23, 1992 (19:23 Md. R. 2042); November 17, 1997 (24:23 Md. R. 1612)

**Administrative History:** Regulation .01B amended effective April 17, 2000 (27:7 Md. R. 707); September 12, 2005 (32:18 Md. R. 1522); October 8, 2007 (34:20 Md. R. 1741); April 2, 2012 (39:6 Md. R. 411); February 15, 2016 (43:3 Md. R. 273); December 6, 2018 (45:24 Md. R. 1163); May 4, 2020 (47:9 Md. R. 476)

**Administrative History:** Regulation .02 amended effective December 2, 1988 (15:22 Md. R. 2556); November 17, 1997 (24:23 Md. R. 1612); December 6, 2018 (45:24 Md. R. 1163)

**Administrative History:** Regulation .02B amended effective November 23, 1992 (19:23 Md. R. 2042); September 12, 2005 (32:18 Md. R. 1522)

**Administrative History:** Regulation .02D, E amended effective October 8, 2007 (34:20 Md. R. 1741)

**Administrative History:** Regulation .02G amended effective April 17, 2000 (27:7 Md. R. 707)

**Administrative History:** Regulation .02H adopted effective April 17, 2000 (27:7 Md. R. 707)

**Administrative History:** Regulation .02I adopted effective April 2, 2012 (39:6 Md. R. 411)

**Administrative History:** Regulation .03 amended effective November 23, 1992 (19:23 Md. R. 2042)

**Administrative History:** Regulation .03C amended effective December 2, 1988 (15:22 Md. R. 2556); April 22, 1991 (18:6 Md. R. 689)

**Administrative History:** Regulation .04A amended effective November 23, 1992 (19:23 Md. R. 2042); April 17, 2000 (27:7 Md. R. 707); December 6, 2018 (45:24 Md. R. 1163)

**Administrative History:** Regulation .04C amended effective November 23, 1992 (19:23 Md. R. 2042); November 24, 2003 (30:23 Md. R. 1653)

**Administrative History:** Regulation .04D adopted effective February 15, 2016 (43:3 Md. R. 273)

**Administrative History:** Regulation .05 amended effective December 2, 1988 (15:22 Md. R. 2556); November 23, 1992 (19:23 Md. R. 2042); April 17, 2000 (27:7 Md. R. 707); September 12, 2005 (32:18 Md. R. 1522); December 6, 2018 (45:24 Md. R. 1163)

**Administrative History:** Regulation .05B amended effective April 22, 1991 (18:6 Md. R. 689)

**Administrative History:** Regulation .07 adopted effective December 2, 1988 (15:22 Md. R. 2556)

**Administrative History:** Regulation .07 amended effective November 23, 1992 (19:23 Md. R. 2042)

**Administrative History:** Regulation .07, Requirements for Certain Municipal Waste Combusters, renamed, Requirements for Municipal Waste Combustors with a Capacity of 35 Tons or Greater Per Day and Less Than or Equal To 250 Tons Per Day, effective February 15, 2016 (43:3 Md. R. 273)

**Administrative History:** Regulation .07A amended effective November 17, 1997 (24:23 Md. R. 1612)

**Administrative History:** Regulation .07D amended effective July 22, 1991 (18:13 Md. R. 1484)

**Administrative History:** Regulation .07E amended effective July 16, 1990 (17:11 Md. R. 1344); July 22, 1991 (18:13 Md. R. 1484); August 19, 1991 (18:16 Md. R. 1813); November 17, 1997 (24:23 Md. R. 1612)

**Administrative History:** Regulation .07 repealed and new Regulation .07 adopted effective September 12, 2005 (32:18 Md. R. 1522)

**Administrative History:** Regulation .07 amended effective December 6, 2018 (45:24 Md. R. 1163)

**Administrative History:** Regulation .08 adopted effective November 9, 1990 (17:19 Md. R. 2322); recodified to Regulation .09 and amended effective November 23, 1992 (19:23 Md. R. 2042)

**Administrative History:** Regulation .08 adopted effective November 23, 1992 (19:23 Md. R. 2042)

**Administrative History:** Regulation .08 repealed and new Regulation .08 adopted effective November 17, 1997 (24:23 Md. R. 1612)

**Administrative History:** Regulation .08 amended effective October 8, 2007 (34:20 Md. R. 1741); February 15, 2016 (43:3 Md. R. 273)

**Administrative History:** Regulation .08C, D amended effective September 7, 1998 (25:18 Md. R. 1438)

**Administrative History:** Regulation .08-1 adopted effective April 17, 2000 (27:7 Md. R. 707)

**Administrative History:** Regulation .08-1 repealed effective December 6, 2018 (45:24 Md. R. 1163)

**Administrative History:** Regulation .08-1A, B amended effective April 2, 2012 (39:6 Md. R. 411)

**Administrative History:** Regulation .08-2 adopted effective April 2, 2012 (39:6 Md. R. 411)

**Administrative History:** Regulation .08-2 amended effective December 6, 2018 (45:24 Md. R. 1163)

**Administrative History:** Regulation .08-2E amended as an emergency provision effective July 4, 2012 (39:17 Md. R. 1146); amended permanently effective November 26, 2012 (39:23 Md. R. 1533)

**Administrative History:** Regulation .09B, C amended effective April 17, 2000 (27:7 Md. R. 707)

**Administrative History:** Regulation .09D amended effective January 1, 1996 (22:26 Md. R. 2032)

**Administrative History:** Regulation .09F amended effective November 17, 1997 (24:23 Md. R. 1612)

**Administrative History:** Regulation .09H amended effective September 7, 1998 (25:18 Md. R. 1438)

**Administrative History:** Regulation .10 adopted effective November 23, 1992 (19:23 Md. R. 2042)

**Administrative History:** Regulation .10 repealed effective November 17, 1997 (24:23 Md. R. 1612)

**Administrative History:** Regulation .10 adopted effective December 6, 2018 (45:24 Md. R. 1163)

**Administrative History:** Regulation .10 amended effective May 4, 2020 (47:9 Md. R. 476)

#### Regulation .01 Definitions.

*COMAR 26.11.08.01*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) Bag Leak Detection System.

    (a) “Bag leak detection system” means an instrument that is capable of monitoring PM loadings in the exhaust of a fabric filter in order to detect bag failures.

    (b) “Bag leak detection system” includes, but is not limited to, an instrument that operates on triboelectric, light scattering, light-transmittance, or other effects to monitor relative PM loadings.

  (1-1) “Batch HMIWI” means an HMIWI that is designed so that neither waste charging nor ash removal can occur during combustion.

  (2) “Biologicals” means preparations made from living organisms and their products, including vaccines and cultures, intended for use in diagnosing, immunizing, or treating humans or animals or in research pertaining thereto.

  (3) “Blood products” means any product derived from human blood, including blood plasma, platelets, red or white blood corpuscles, and other derived licensed products, such as interferon.

  (4) “Body fluids” means liquid emanating or derived from humans and limited to blood, dialysate, amniotic, cerebrospinal, synovial, pleural, peritoneal, and pericardial fluids, and semen and vaginal secretions.

  (5) “Bypass stack” means a device used for discharging combustion gases to avoid severe damage to the air pollution control device or other equipment.

  (6) “Chemotherapeutic waste” means waste material resulting from the production or use of antineoplastic agents used for the purpose of stopping or reversing the growth of malignant cells.

  (7) “Co-fired combustor” is defined at 40 CFR §60.51c.

  (7-1) “Commercial HMIWI” means a HMIWI which offers incineration services for hospital/medical/infectious waste generated off site by firms unrelated to the firm that owns the HMIWI.

  (7-2) Continuous Burning.

    (a) “Continuous burning” means the continuous, semi-continuous, or batch feeding of municipal solid waste for purposes of waste disposal, energy production, or providing heat to the combustion system in preparation for waste disposal or energy production.

    (b) “Continuous burning” begins once municipal solid waste is fed to the combustor.

  (8) “Continuous emission monitoring (CEMS)” means a monitoring system for continuously measuring and recording the emissions of a pollutant from an affected facility.

  (9) “Continuous HMIWI” means an HMIWI that is designed to allow waste charging and ash removal during combustion.

  (9-1) “Crematory” means a furnace where a human or animal corpse is burned with:

    (a) The container or bag in which the human or animal corpse is placed or transported; and

    (b) The animal bedding, if applicable.

  (10) “Dioxin/furans” means the combined emissions of tetra through octa chlorinated dibenzo-para-dioxins and dibenzofurans as measured by EPA Reference Method 23.

  (11) “Dry scrubber” means an add-on air pollution control system that injects dry alkaline sorbent (dry injection) or sprays an alkaline sorbent (spray dryer) to react with and neutralize acid gases in the HMIWI exhaust stream forming a dry powder material.

  (12) “Existing municipal waste combustor (existing MWC)” means a municipal waste combustor for which the Department issued a permit to construct or for which construction began on or before September 20, 1994.

  (13) “Fabric filter or baghouse” means an add-on air pollution control system that removes particulate matter (PM) and nonvaporous metal emissions by passing flue gas through filter bags.

  (14) “Facilities manager” means the individual in charge of purchasing, maintaining, and operating the HMIWI or the owner's or operator's representative responsible for the management of the HMIWI. Alternative titles may include director of facilities or vice president of support services.

  (15) “Hazardous waste incinerator” means a hazardous waste incinerator as defined in COMAR 26.13.01.03B(33).

  (16) “High-air phase” means the stage of the batch operating cycle when the primary chamber reaches and maintains maximum operating temperatures.

  (17) “Hospital” is defined at 40 CFR §60.51c.

  (18) “Hospital, medical and infectious waste incinerator (HMIWI)” means a special medical waste incinerator that combusts any amount of hospital, medical, and infectious waste.

  (19) Hospital waste.

    (a) “Hospital waste” means discards generated at a hospital, except unused items returned to the manufacturer.

    (b) “Hospital waste” does not include human corpses, remains, and anatomical parts that are intended for interment or cremation.

  (20) Incinerator.

    (a) “Incinerator” means a furnace or combustion unit that uses controlled flame combustion for the thermal destruction of municipal solid waste, industrial waste, special medical waste, or sewage sludge.

    (b) “Incinerator” does not mean a hazardous waste incinerator.

    (c) “Incinerator” does not mean any unit owned or operated by a government agency to destroy illegal or prohibited goods. The exclusion does not apply to items either confiscated or incinerated by private, industrial, or commercial entities.

  (21) “Incinerator operator” means:

    (a) For a municipal waste combustor (MWC), the facility manager (chief facility operator), shift foreman (supervisor), and incinerator control room personnel;

    (b) For any other incinerator, the person who controls the waste feed and performs the necessary equipment adjustments to ensure efficient performance.

  (22) “Industrial waste” means any solid, liquid, or semiliquid waste, generated by a manufacturing industry, that does not contain hazardous waste.

  (23) “Infectious agent” means any organism (such as a virus or bacteria) that is capable of being communicated by invasion and multiplication in body tissues and capable of causing disease or adverse health impacts in humans.

  (24) “Intermittent HMIWI” means an HMIWI that is designed to allow waste charging, but not ash removal, during combustion.

  (25) Large HMIWI.

    (a) “Large HMIWI” means:

      (i) an HMIWI that has a maximum design waste burning capacity of more than 500 pounds per hour;

      (ii) A continuous or intermittent HMIWI that has a maximum charge rate of more than 500 pounds per hour; or

      (iii) A batch HMIWI that has a maximum charge rate of more than 4,000 pounds per day.

    (b) “Large HMIWI” does not mean:

      (i) A continuous or intermitent HMIWI that has a maximum charge rate of less than or equal to 500 pounds per hour; or

      (ii) A batch HMIWI that has a maximum charge rate of less than or equal to 4,000 pounds per day.

  (26) “Large MWC” means an existing municipal waste combustor that has a capacity greater than 250 tons per day.

  (27) “Low-level radioactive waste” means:

    (a) A waste material which contains radioactive nuclides emitting primarily beta or gamma radiation, or both, in concentrations or quantities that exceed applicable federal or State standards for unrestricted release; or

    (b) A low-level radioactive waste that is not high-level radioactive waste, spent nuclear fuel, or by-product material as defined by the Atomic Energy Act of 1954 (42 U.S.C. §2014(e)(2)).

  (28) “Malfunction” is defined at 40 CFR §60.51c.

  (29) “Maximum charge rate” means:

    (a) For a continuous and intermittent HMIWI, 110 percent of the lowest 3-hour average charge rate measured during the most recent performance test demonstrating compliance with all applicable emission limits; or

    (b) For a batch HMIWI, 110 percent of the lowest daily charge rate measured during the most recent performance test demonstrating compliance with all applicable emission limits.

  (30) “Maximum design waste burning capacity” means:

    (a) For an intermittent and continuous HMIWI, the waste burning capacity as determined by the following formula:

      (i) C = HMIWI capacity, pounds/hour

      (ii) PV = primary chamber volume, cubic feet

      (iii) 15,000 = primary chamber heat release rate factor, Btu/cubic foot/hour

      (iv) 8,500 = standard waste heating value, Btu/pound;

    (b) For a batch HMIWI, the waste burning capacity as determined by the following formula: C = PV × 4.5/8 where:

      (i) C = HMIWI capacity, pounds/hour

      (ii) PV = primary chamber volume, cubic feet

      (iii) 4.5 = waste density, pounds/cubic foot

      (iv) 8 = typical hours of operation of a batch HMIWI, hours.

  (31) “Maximum fabric filter inlet temperature” means 110 percent of the lowest 3-hour average temperature at the inlet to the fabric filter (taken, at a minimum, once every minute) measured during the most recent performance test demonstrating compliance with the dioxin/furan emission limit.

  (32) “Maximum flue gas temperature” means 110 percent of the lowest 3-hour average temperature at the outlet from the wet scrubber (taken, at a minimum, once every minute) measured during the most recent performance test demonstrating compliance with the mercury (Hg) emission limit.

  (33) “Medical, infectious waste” is defined at 40 CFR Part 60.51c, Subpart Ec.

  (34) Medium HMIWI.

    (a) “Medium HMIWI” means:

      (i) An HMIWI that has a maximum design waste burning capacity of more than 200 pounds per hour, but less than or equal to 500 pounds per hour;

      (ii) A continuous or intermittent HMIWI that has a maximum charge rate more than 200 pounds per hour, but less than or equal to 500 pounds per hour; or

      (iii) A batch HMIWI that has a maximum charge rate more than 1,600 pounds per day, but less than or equal to 4,000 pounds per day.

    (b) “Medium HMIWI” does not mean:

      (i) A continuous or intermittent HMIWI whose maximum charge rate is less than or equal to 200 pounds per hour or more than 500 pounds per hour; or

      (ii) A batch HMIWI that has a maximum charge rate more than 4,000 pounds per day or less than or equal to 1,600 pounds per day.

  (35) “Minimum dioxin/furan sorbent flow rate” means 90 percent of the highest 3-hour average dioxin/furan sorbent flow rate (taken, at a minimum, once every hour) measured during the most recent performance test demonstrating compliance with the dioxin/furan emission limit.

  (36) “Minimum Hg sorbent flow rate” means 90 percent of the highest 3-hour average Hg sorbent flow rate (taken, at a minimum, once every hour) measured during the most recent performance test demonstrating compliance with the Hg emission limit.

  (37) “Minimum hydrogen chloride (HCl) sorbent flow rate” means 90 percent of the highest 3-hour average HCl sorbent flow rate (taken, at a minimum, once every hour) measured during the most recent performance test demonstrating compliance with the HCl emission limit.

  (38) “Minimum horsepower or amperage” means 90 percent of the highest 3-hour average horsepower or amperage to the wet scrubber (taken, at a minimum, once every minute) measured during the most recent performance test demonstrating compliance with the applicable emission limits.

  (39) “Minimum pressure drop across the wet scrubber” means 90 percent of the highest 3-hour average pressure drop across the wet scrubber PM control device (taken, at a minimum, once every minute) measured during the most recent performance test demonstrating compliance with the PM emission limit.

  (40) “Minimum reagent flow rate” means 90 percent of the highest 3-hour average reagent flow rate at the inlet to the selective noncatalytic reduction technology (taken, at a minimum, once every minute) measured during the most recent performance test demonstrating compliance with the NOx emissions limit.

  (40-1) “Minimum scrubber liquor flow rate” means 90 percent of the highest 3-hour average liquor flow rate at the inlet to the wet scrubber (taken, at a minimum, once every minute) measured during the most recent performance test demonstrating compliance with all applicable emission limits.

  (41) “Minimum scrubber liquor pH” means 90 percent of the highest 3-hour average liquor pH at the inlet to the wet scrubber (taken, at a minimum, once every minute) measured during the most recent performance test demonstrating compliance with the HCl emission limit.

  (42) “Minimum secondary chamber temperature” means 90 percent of the highest 3-hour average secondary chamber temperature (taken, at a minimum, once every minute) measured during the most recent performance test demonstrating compliance with the PM, CO, and dioxin/furan emission limits.

  (43) “Modification or modified HMIWI” is defined at 40 CFR §60.51c.

  (44) Municipal Solid Waste.

    (a) “Municipal solid waste (MSW)” means municipal-type solid waste as defined in 40 CFR Part 60, Subpart Eb (Standards of Performance for Municipal Waste Combustors) as amended, which is incorporated by reference.

    (b) “Municipal solid waste” does not include special medical waste.

  (45) “Municipal waste combustor (MWC)” means an incinerator that burns only municipal solid waste.

  (46) “Operating day” means a 24-hour period beginning midnight of one day and ending the following midnight, or an alternate 24-hour period approved by the Department, during which time an installation consumes fuel or causes emissions.

  (47) “Operation” means the period during which waste is combusted in the incinerator excluding periods of startup or shutdown.

  (48) “Particulate matter (PM)” means the total particulate matter emitted from an HMIWI as measured by EPA Reference Method 5 or EPA Reference Method 29.

  (49) “Pathological waste” means waste material consisting of only human or animal remains, anatomical parts or tissue, the bags or containers used to collect and transport the waste material, and animal bedding (if applicable).

  (50) “Primary chamber” means the chamber in an HMIWI that receives waste material, in which the waste is ignited, and from which ash is removed.

  (51) “Pyrolysis” means the endothermic gasification of hospital, medical, or infectious waste, or a combination of hospital, medical, and infectious waste using external energy.

  (52) “Secondary chamber” means a component of the HMIWI that receives combustion gases from the primary chamber and in which the combustion process is completed.

  (53) “Sewage sludge” means a waste containing accumulated semiliquid suspension, settled solids, or dried residue of these solids from sewage in a waste water treatment plant.

  (54) Shutdown.

    (a) “Shutdown” means the period of time after all waste has been combusted in the primary chamber.

    (b) “Shutdown” for a continuous HMIWI commences not less than 2 hours after the last charge to the incinerator.

    (c) “Shutdown” for an intermittent HMIWI commences not less than 4 hours after the last charge to the incinerator.

    (d) “Shutdown” for a batch HMIWI commences not less than 5 hours after the high-air phase of combustion has been completed.

    (e) “Shutdown” for the Montgomery County Resource Recovery Facility commences 30 minutes after the chute to the loading hopper of the combustion train is closed and ends no later than 3 hours thereafter.

    (f) “Shutdown” for the Wheelabrator Baltimore Inc. facility commences 30 minutes after municipal solid waste feed to the loading hopper has ceased and ends no later than 3 hours thereafter.

  (55) Small HMIWI.

    (a) “Small HMIWI” means:

      (i) An HMIWI that has a maximum design waste burning capacity less than or equal to 200 pounds per hour;

      (ii) A continuous or intermittent HMIWI that has a maximum charge rate less than or equal to 200 pounds per hour; or

      (iii) A batch HMIWI that has a maximum charge rate less than or equal to 1,600 pounds per day.

    (b) “Small HMIWI” does not mean:

      (i) A continuous or intermittent HMIWI that has a maximum charge rate more than 200 pounds per hour; or

      (ii) A batch HMIWI that has a maximum charge rate more than 1,600 pounds per day.

  (55-1) “Small MWC” means a municipal waste combustor which has a capacity of at least 35 tons and less than or equal to 250 tons per day.

  (56) “Small rural area HMIWI” means a small HMIWI that is located more than 50 miles from the boundary of the nearest standard metropolitan statistical area and which burns less than 2,000 pounds per week of hospital, medical, and infectious waste (excluding those wastes burned during performance tests).

  (57) Special medical waste.

    (a) “Special medical waste” means:

      (i) Any combination of organic and inorganic liquid or solid waste as defined in COMAR 26.13.11; or

      (ii) Hospital general waste, when burned in conjunction with special medical waste generated at that hospital.

    (b) “Special medical waste” includes hospital, medical, and infectious waste.

  (58) “Standard conditions” means a temperature of 20°C and a pressure of 101.3 kilopascals.

  (59) “Standard metropolitan statistical area (SMSA)” means any area listed in OMB Bulletin No. 93-17 entitled “Revised Statistical Definitions for Metropolitan Areas” dated June 30, 1993.

  (60) Startup.

    (a) “Startup” means the period of time between the activation of the system and the first charge to the unit.

    (b) “Startup” for a batch HMIWI means the period of time between activation of the system and ignition of the waste.

    (c) “Startup” for a Large MWC commences when the unit begins the continuous burning of municipal solid waste and continues for a period of time not to exceed 3 hours, but does not include any warm-up period when the particular unit is combusting fossil fuel or other non-municipal solid waste fuel, and no municipal solid waste is being fed to the combustor.

  (61) “30-day rolling average emission rate” means a value of NOx emissions in ppmv, corrected to 7 percent oxygen, calculated by:

    (a) Summing the total hourly ppmv of NOx averages emitted from the unit during the current operating day and all hourly NOx ppmv averages for the previous 29 operating days, excluding periods of warm-up, startup, and shutdown; and

    (b) Dividing the total hourly ppmv of NOx emitted from the unit during the 30 operating days summed in §B(61)(a) of this regulation by the total number of hourly averages in the 30-day period.

  (62) “24-hour block average emission rate” means a value of NOx emissions in ppmv, corrected to 7 percent oxygen, calculated by:

    (a) Summing the hourly average ppmv of NOx emitted from the unit during 24 hours between midnight of one day and ending the following midnight, excluding periods of warm-up, startup, and shutdown; and

    (b) Dividing the total sum of hourly NOx ppmv values emitted during 24 hours between midnight of one day and ending the following midnight by 24, excluding periods of warm-up, startup, and shutdown.

  (63) “Warm-up period” means a period of time that:

    (a) Commences when a unit at a Large MWC is combusting fossil fuel or other nonmunicipal solid waste fuel, and no municipal solid waste is being fed to the combustor; and

    (b) Ends for a unit at a Large MWC when municipal solid waste is being fed to the combustor.

  (64) “Wet scrubber” means an add-on air pollution control device that utilizes an alkaline scrubbing liquor to collect particulate matter (including nonvaporous metals and condensed organics) or to absorb and neutralize acid gases, or both.

#### Regulation .02 Applicability.

*COMAR 26.11.08.02*

A. Any source which is subject to the provisions of this chapter is also subject to the provisions of any other chapter. However, when this chapter establishes an emission standard for a specific installation which differs from the general emission standards in COMAR 26.11.06.01—.09, this chapter takes precedence.

B. Regulation .07 of this chapter applies to a Small MWC that was constructed on or before August 30, 1999.

C. Regulation .08 of this chapter applies to an existing MWC with a capacity greater than 250 tons per day as determined in accordance with 40 CFR §60.58b(j).

D. An MWC with a capacity greater than 250 tons per day for which construction began after December 20, 1989, and on or before September 20, 1994, and modification or reconstruction began after December 20, 1989, and on or before June 19, 1996, is also subject to the requirements of 40 CFR Part 60, Subpart Ea, Standards of Performance for Municipal Waste Combustors, as amended, incorporated by reference at COMAR 26.11.06.12.

E. An MWC with a capacity greater than 250 tons per day for which construction began after September 20, 1994, or modification or reconstruction began after June 19, 1996, is also subject to the requirements of 40 CFR Part 60 Subpart Eb, Standards of Performance for Municipal Waste Combustors, as amended, incorporated by reference at COMAR 26.11.06.12.

F. A person who owns an existing MWC with a total capacity greater than 250 tons per day which was not in operation on or after December 19, 1995, may not operate the MWC unless the applicable requirements of this chapter are met.

G. Repealed

H. Repealed

I. All provisions of Regulation .08-2 of this chapter and the related 111(d)/129 plan approval, 40 CFR Part 62, Subpart V, apply to HMIWIs.

J. Regulation .10 of this chapter applies to Large MWCs.

#### Regulation .03 Prohibition of Certain Incinerators in Areas III and IV.

*COMAR 26.11.08.03*

A. A person may not cause or permit the construction or use of any flue-fed, chute-fed, or single chamber incinerator.

B. Any incinerator, the use of which is prohibited under provisions of this regulation, shall be made inoperable in a manner approved by the control officer or the Department.

C. A person may not cause or permit the construction or use of any other incinerator except as listed below:

  (1) An incinerator that has a capacity of 5 tons (4,540 kilograms) per hour or greater and that is used to burn municipal solid waste;

  (2) Crematory incinerators;

  (3) An incinerator that has a capacity of 500 pounds (227 kilograms) per hour or greater and that is used to burn industrial waste;

  (4) Special medical waste incinerators that are approved for that purpose by the Department, although municipal solid waste generated at the site of a permitted special medical waste incinerator may be burned in combination with a special medical waste; and

  (5) Sewage sludge incinerators.

D. Householders are permitted to burn ordinary household trash originating on the premises, in incinerators, in those areas where public collection of municipal solid waste is not provided.

#### Regulation .04 Visible Emissions.

*COMAR 26.11.08.04*

A. In Areas I, II, V, and VI, the following apply:

  (1) Except as provided in Regulations .08 and .08-2 of this chapter, a person may not cause or permit the discharge of emissions from any incinerator, other than water in an uncombined form, which is greater than 20 percent opacity;

  (2) A person may not cause or permit the discharge of emissions from any hazardous waste incinerator, other than water in an uncombined form, which is visible to human observers.

B. In Areas III and IV, a person may not cause or permit the discharge of emissions from any incinerator or hazardous waste incinerator, other than water in an uncombined form, which is visible to human observers.

C. Exceptions. The requirements of §§A and B of this regulation do not apply to emissions during start-up, or adjustments or occasional cleaning of control equipment if:

  (1) The visible emissions are not greater than 40 percent opacity; and

  (2) The visible emissions do not occur for more than 6 consecutive minutes in any 60 minute period.

D. The owner or operator of a municipal waste combustor that is required to install and operate a COM is subject to the requirements in COMAR 26.11.01.10.

#### Regulation .05 Particulate Matter.

*COMAR 26.11.08.05*

A. Requirements for Areas I, II, V, and VI.

  (1) Calculations. Except as provided in Regulations .08 and .08-2 of this chapter, incinerator or hazardous waste incinerator emissions shall be adjusted to 12 percent carbon dioxide.

  (2) Incinerators Constructed Before January 17, 1972. Except as provided in Regulations .08 and .08-2 of this chapter, a person may not cause or permit the discharge into the outdoor atmosphere from any incinerator constructed before January 17, 1972, particulate matter to exceed the following limitations:

    (a) Incinerators burning less than 200 pounds (90.7 kilograms) of municipal solid waste per hour, 0.3 gr/SCFD (687 mg/dscm);

    (b) Incinerators burning 200 pounds (90.7 kilograms) or more pounds of municipal solid waste per hour, 0.2 gr/SCFD (458 mg/dscm).

  (3) Incinerators Constructed on or After January 17, 1972. Except as provided in Regulations .07, .08, and .08-2 of this chapter, a person may not cause or permit the discharge of particulate matter into the outdoor atmosphere from any incinerator or crematory constructed on or after January 17, 1972, to exceed 0.10 grains per standard cubic foot dry 0.10 gr/SCFD (229 mg/dscm).

  (4) Hazardous Waste Incinerators. A person may not cause or permit to be discharged into the outdoor atmosphere from any hazardous waste incinerator, particulate matter to exceed 0.03 gr/SCFD (68.7 mg/dscm).

B. Requirements for Areas III and IV.

  (1) Calculations. Except as provided in Regulations .08 and .08-2 of this chapter, incinerator or hazardous waste incinerator emissions shall be adjusted to 12 percent carbon dioxide.

  (2) Except as provided in Regulations .07, .08, and .08-2 of this chapter, a person may not cause or permit the discharge of particulate matter into the outdoor atmosphere from any incinerator, hazardous waste incinerator, or crematory to exceed the following limitations:

    (a) Special medical waste incinerators burning less than 1 ton of refuse per hour and less than 8 tons of refuse per day and crematories, 0.10 grains per standard cubic foot dry 0.10 gr/SCFD (229 mg/dscm);

    (b) All other incinerators and hazardous waste incinerators, 0.03 gr/SCFD (68.7 mg/dscm).

#### Regulation .06 Prohibition of Unapproved Hazardous Waste Incinerators.

*COMAR 26.11.08.06*

A person may not cause or permit the construction or use of any hazardous waste incinerator except in accordance with COMAR 26.13.05.15 and this chapter.

#### Regulation .07 Requirements for Small Municipal Waste Combustors.

*COMAR 26.11.08.07*

A person may not operate a Small MWC that was constructed on or before August 30, 1999 which results in violation of the provisions of 40 CFR 62 Subpart JJJ.

#### Regulation .08 Requirements for an Existing Large MWC with a Capacity Greater Than 250 Tons Per Day.

*COMAR 26.11.08.08*

A. Emission Standards and General Requirements.

  (1) A person who owns or operates an existing large MWC subject to this regulation may not violate any of the emission standards or general requirements in §A(2) of this regulation after the compliance date in §§A and D of this regulation.

  (2) Emission Standards and General Requirements.

  (3) The standards in §A(2) of this regulation apply at all times except during periods of startup, shutdown, or malfunction as provided in 40 CFR §60.58b(a).

* Corrected to 7 percent oxygen on dry basis. If a CO2 monitor is selected as the dilutent monitor it must meet the requirements of 40CFR §60.58b(b)(6).

B. Monitoring Requirements.

  (1) A person who owns or operates an existing MWC subject to this regulation shall:

    (a) Install, calibrate, operate, and maintain continuous monitors for carbon monoxide, oxygen, opacity, oxides of nitrogen, and sulfur dioxide;

    (b) Locate monitors downstream of the final air pollution control device to measure concentrations of oxygen, oxides of nitrogen, sulfur dioxide, and opacity of the exhaust gases;

    (c) Install, operate, and maintain at a minimum, one temperature monitor to measure the temperature of the flue gas as it enters the particulate matter air pollution control device; and

    (d) Meet the specifications in §A(2) of this regulation if an alternative monitoring or sampling method of compliance is selected in lieu of a stack test.

  (2) If the percent removal option is to be used to show compliance with §B(1)(b) of this regulation, sulfur dioxide and oxygen monitors shall also be located upstream of the pollution control device. Monitors shall be located at the combustor outlet exit to measure concentrations of carbon monoxide.

  (3) The monitors required by §B(1)(a) and (b) of this regulation shall meet the installation, certification, reporting, record-keeping, and other requirements of COMAR 26.11.01.10, and 26.11.01.11, performance specifications in 40 CFR Part 60, Appendix B, the quality assurance procedures in 40 CFR Part 60, Appendix F, all requirements in 40 CFR §60.58b, COMAR 26.11.31.

  (4) A person shall apply for and receive written approval from the Department before installing any of the monitors required in this chapter.

C. Reporting and Record-Keeping Requirements.

  (1) A person who owns an existing MWC subject to this regulation shall report and maintain records in accordance with 40 CFR §60.59b of Subpart Eb, as applicable, except for the siting requirements under §60.59b(a), (b)(5), and (d)(11) of 40 CFR Part 60, Subpart Eb;

  (2) Continuous monitoring data reduction and data availability shall be as prescribed in COMAR 26.11.01.10 and 26.11.01.11. If there is any inconsistency between COMAR 26.11.01.10 and 26.11.01.11 and 40 CFR 60, the requirements of 40 CFR 60 govern.

D. Compliance Schedule and Date.

  (1) A person who owns or operates an existing large MWC subject to this chapter shall comply with the standards in §A(2) of this regulation, according to the applicable schedule in §D(2)—(6).

  (2) A person who owns or operates an existing large MWC subject to this chapter and is not planning an extensive emission control system upgrade shall submit a plan by October 1, 2007, to the Department that describes the increments of progress to be achieved as follows:

    (a) Not later than December 1, 2007 — release purchase orders for initial testing and modifications;

    (b) Not later than April 1, 2008 — begin modification and testing of control systems;

    (c) Not later than September 1, 2008 — end modifications and debug system;

    (d) Not later than December 1, 2008 — submit stack test protocol and test schedule; and

    (e) On and after April 28, 2009 — achieve full compliance with the standards.

  (3) A person who owns or operates an existing large MWC subject to this chapter and is planning an extensive emission control system upgrade shall submit a plan, containing an expeditious compliance schedule, for review and approval by the Department, that:

    (a) Describes the control method to be used to achieve compliance with the applicable requirements;

    (b) Includes a complete application for a permit to construct the control system and compliance schedule to the Department not later than September 1, 2008; and

    (c) If approved, includes in the compliance schedule a schedule which is no less stringent than the increments of progress in §D(4) of this regulation.

  (4) The following increments of progress shall be achieved if an extensive emission control system upgrade is planned:

    (a) Not later than April 1, 2008 — complete control system and cost analysis;

    (b) Not later than December 1, 2008 — release purchase orders for the purchase of primary components;

    (c) Not later than April 1, 2009 — begin construction of control systems;

    (d) Not later than September 1, 2010 — end construction, startup and debug system;

    (e) Not later than December 1, 2010 — submit stack test protocol and test schedule; and

    (f) Not later than March 10, 2011 — achieve full compliance.

  (5) The interim dates in §D(2) and (4) of this regulation may be delayed upon approval by the Department and the U.S. EPA if the compliance dates of April 28, 2009, and March 10, 2011, are met.

  (6) An affected facility subject to the provisions in §D of this regulation shall demonstrate compliance with the emission standards and requirements using the test methods in §A(2) of this regulation within 180 days after start up of the new or modified control device.

#### Regulation .08-1 Emission Standards and Requirements for HMIWIs — Repealed

*COMAR 26.11.08.08-1*

#### Regulation .08-2 Emission Standards and Requirements for HMIWIs Under 40 CFR 60 Subpart Ce as Revised October 6, 2009.

*COMAR 26.11.08.08-2*

A. 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.

B. Emission Limits and Requirements for Small, Medium, and Large HMIWIs.

  (1) 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.

  (2) 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.

  (3) Waste Management Plan.

    (a) 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.

    (b) The Waste Management Plan shall meet the requirements of 40 CFR §60.55c.

    (c) 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.

  (4) Compliance and Performance Testing.

    (a) 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).

    (b) 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).

  (5) 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.

    (a) 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).

    (b) 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).

  (6) 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).

1Except as allowed under 40 CFR §60.56c(c) for HMIWI equipped with CEMS.

C. Emission Limits and Requirements for Small Rural Area HMIWIs.

  (1) 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.

  (2) 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.

  (3) Waste Management Plan.

    (a) 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.

    (b) The Waste Management Plan shall meet the requirements of 40 CFR Part §60.55c.

    (c) 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.

  (4) Compliance and Performance Testing.

    (a) 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:

      (i) The compliance test load and frequency shall be conducive to meeting the 2000 lbs/week limitation.

      (ii) 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.

      (iii) 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.

    (b) A person who owns or operates a small rural area HMIWI not equipped with an air pollution control device shall:

      (i) 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).

      (ii) 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.

      (iii) 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.

      (iv) Operation above the maximum charge rate or below the minimum secondary chamber temperature shall constitute a violation of the established operating parameters.

      (v) 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.

      (vi) Repeat performance tests conducted pursuant to §C(4)(b)(v) of this regulation shall be conducted after notification to the Department.

    (c) 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).

  (5) Monitoring Requirements.

    (a) A person who owns or operates a small rural area HMIWI shall comply with 40 CFR Part §60.57c.

    (b) A person who owns or operates a small rural area HMIWI without an air pollution control device shall comply with the following requirements:

      (i) 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;

      (ii) 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

      (iii) 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.

    (c) Exemptions.

      (i) 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.

      (ii) 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.

  (6) Reporting and Record-Keeping. A person who owns or operates a small rural area HMIWI shall:

    (a) 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

    (b) 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:

      (i) For a source subject to the permitting requirements under Title V of the federal Clean Air Act, the report shall be submitted semiannually.

      (ii) 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.

    (c) 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.

1Except as allowed under 40 CFR §60.56c(c) for HMIWI equipped with CEMS.

D. Equipment Inspection Requirements.

  (1) Each HMIWI shall undergo by June 15, 2012 an initial equipment inspection and subsequent annual inspections that at a minimum include the following:

    (a) Inspect all burners, pilot assemblies, and pilot sensing devices for proper operation and clean pilot flame sensor, as necessary;

    (b) Ensure proper adjustment of primary and secondary chamber combustion air, and adjust as necessary;

    (c) Inspect hinges and door latches, and lubricate as necessary;

    (d) Inspect dampers, fans, and blowers for proper operation;

    (e) Inspect HMIWI door and door gaskets for proper sealing;

    (f) Inspect motors for proper operation;

    (g) Inspect primary chamber refractory lining; clean and repair or replace lining as necessary;

    (h) Inspect incinerator shell for corrosion or hot spots, or both;

    (i) Inspect secondary/tertiary chamber and stack and clean as necessary;

    (j) Inspect mechanical loader, including limit switches, for proper operation, if applicable;

    (k) Visually inspect waste bed (grates), and repair or seal, as appropriate;

    (l) For the burn cycle that follows the inspection, document that the incinerator is operating properly and make any necessary adjustments;

    (m) Inspect air pollution control device or devices for proper operation, if applicable;

    (n) Inspect waste heat boiler systems to ensure proper operation, if applicable;

    (o) Inspect bypass stack components;

    (p) Ensure proper calibration of thermocouples, sorbent feed systems and any other monitoring equipment; and

    (q) Generally observe that the equipment is maintained in good operating condition.

  (2) 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.

  (3) 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.

  (4) The control device of an HMIWI shall undergo by June 15, 2012, an initial inspection that at a minimum includes the following:

    (a) Inspect air pollution control device(s) for proper operation, if applicable;

    (b) Ensure proper calibration of thermocouples, sorbent feed systems, and any other monitoring equipment;

    (c) Generally observe that the equipment is maintained in good operating condition; and

    (d) 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.

  (5) 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.

E. Compliance Schedules.

  (1) A person who owns or operates a HMIWI subject to this regulation shall:

    (a) 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

    (b) Submit to the Department and the EPA for approval, a compliance plan by December 15, 2011 that includes the following increments of progress:

      (i) Award contracts for control systems or process modifications or orders for purchase of components no later than June 15, 2012;

      (ii) Initiate on-site construction or installation of the air pollution control device(s) or process changes no later than December 15, 2012;

      (iii) Complete on-site construction or installation of control equipment or process changes by no later than December 15, 2013;

      (iv) 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

      (v) Complete the compliance testing within 180 days after the final compliance date.

  (2) 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.

F. 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:

  (1) The test was conducted using the applicable procedures and test methods listed in 40 CFR §60.56c(b) or EPA-accepted voluntary consensus standards;

  (2) 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);

  (3) 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

  (4) The previous emissions test(s) were conducted in 1996 or later.

G. HMIWI Shutdown.

  (1) 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.

  (2) 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:

    (a) Documentation of the analysis undertaken to support the need for an extension, including a justification for the length of the period of the extension;

    (b) 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

    (c) A plan that documents measurable and enforceable incremental steps of progress to be taken towards permanent facility closure no later than October 6, 2014.

H. 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:

  (1) Submit by April 30, 2012 a request to the Department to install alternative treatment technology;

  (2) Initiate onsite construction or installation of alternative technology by December 15, 2012;

  (3) Complete onsite construction or installation by December 15, 2013;

  (4) Shut down the existing HMIWI as expeditiously as practicable but no later than October 6, 2014; and

  (5) Render the existing HMIWI inoperative as expeditiously as practicable.

#### Regulation .09 Incinerator Operator Training.

*COMAR 26.11.08.09*

A. Applicability. This regulation applies to any person in this State who owns or operates an incinerator.

B. Certification and Operation. A person may not operate or allow an incinerator to be operated unless the owner certifies to the Department on a form provided by the Department that the incinerator operator:

  (1) Has completed an initial training course approved by the Department which meets the requirements of §C or D of this regulation;

  (2) Annually, after initial certification, completes a review course approved by the Department; and

  (3) Is present at all times whenever the incinerator is in operation.

C. Training Course for Operators of Special Medical Waste or Industrial Waste Incinerators.

  (1) For any incinerator operator who operates a special medical waste incinerator or an industrial waste incinerator, the training course shall be the “Hospital Incinerator Operator Training Course” Volumes I—III (EPA-450/3-89-003, EPA-450/3-89-004, and EPA-450/3-89-010, respectively), Control Technology Center, March 1989, which is incorporated by reference, and “Operation and Maintenance of Hospital Medical Waste Incinerators” (EPA-450/3-89-002), Control Technology Center, March 1989, which is incorporated by reference.

  (2) For the operator of any special medical waste incinerator or an industrial waste incinerator, completing a training course means:

    (a) Completing an initial training course approved by the Department of at least 3 days (24 hours) duration; and

    (b) Passing a written test approved by the Department.

  (3) The certified operator shall, after initial training, complete and pass an annual review course approved by the Department of at least 1 day (8 hours) duration.

  (4) For an HMIWI subject to the requirements of this chapter, a person is qualified to operate an HMIWI if the person passes the training course required in §C(2) and (3) of this regulation and complies with the requirements in 40 CFR §60.53(c)(d).

  (5) An owner or operator of an HMIWI shall maintain documentation of training (operator training manual) on site and update the documentation annually at the time of the annual review course. The documentation shall be as specified in 40 CFR §60.53c(h).

  (6) The requirements of §C(5) of this regulation shall be effective March 1, 2001.

D. Training Course for Operators of Municipal Waste Combustors, Sewage Sludge Incinerators, and Hazardous Waste Incinerators.

  (1) For any incinerator operator who operates a municipal waste combustor (MWC), sewage sludge incinerator (SSI), or hazardous waste incinerator (HWI), the training course shall address the following subjects in detail:

    (a) Overall operation, maintenance, and performance of the facility;

    (b) Start-up and shut-down of the facility;

    (c) Applicable federal, State, and local environmental regulations, and sanctions for violation;

    (d) Policies and procedures for proper and safe plant operations;

    (e) Maintaining records of facility operations;

    (f) Actions to correct upsets or emergencies;

    (g) Control room operations;

    (h) Ash handling and disposal;

    (i) Combustion theory;

    (j) Air pollution control technology; and

    (k) Continuous emission monitors and their calibration, and quality assurance requirements.

  (2) For the operator of any municipal waste combustor (MWC) or hazardous waste incinerator (HWI), completing a training course means:

    (a) Completing an initial training course approved by the Department of at least 5 days (40 hours) duration; and

    (b) Passing a written test approved by the Department.

  (3) For the operator of any sewage sludge incinerator (SSI), completing a training course means:

    (a) Completing an initial training course approved by the Department of at least 3 days (24 hours) duration; and

    (b) Passing a written test approved by the Department.

  (4) The certified operator shall, after initial training, complete and pass an annual review course approved by the Department of at least 1 day (8 hours) duration.

E. Application for Approval of a Training Course.

  (1) A person may apply for approval of a training course for operators of a special medical waste incinerator or an industrial waste incinerator by submitting a written application to the Department on a form provided by the Department.

  (2) A person may apply for approval of a training course for operators of a municipal waste combustor, sewage sludge incinerator, or hazardous waste incinerator by submitting a written application to the Department and a copy of the training materials which meet the requirements of §D(1) of this regulation.

  (3) The application shall include the following:

    (a) The names and qualifications of persons who will conduct the training and evaluate test results;

    (b) A description of the training facilities and equipment to be used in conducting the training;

    (c) A copy of the test to be administered; and

    (d) A description of the curriculum satisfying the requirements of §C(1) or D(1) of this regulation.

F. Action on an Application for a Training Course.

  (1) The Department shall acknowledge receipt of an application for approval of a training course within 10 days after receiving the application.

  (2) The Department shall act on an application within 60 days after the application is complete.

  (3) The Department shall approve a training course if it meets the following:

    (a) The course substantially satisfies the course contents described in §C or D of this regulation and is updated annually;

    (b) The test to be administered is adequate to show that the operator is capable of operating an incinerator safely and properly;

    (c) The person who conducts the training course owns or has access to a classroom facility to conduct classroom training;

    (d) The applicant owns or has access to incineration equipment that is similar in design to the equipment for which operators will be trained;

    (e) The applicant provides staff that is experienced in training or teaching or experienced in organizing and coordinating technical training courses;

    (f) The applicant has direct knowledge of the principles of combustion and incineration or a similar technical field;

    (g) The applicant is familiar with the design, operation, and maintenance of air pollution control devices and equipment and instruments used to monitor air pollutants;

    (h) The applicant provides staff that is capable of conducting hands-on training and a staff that is familiar with incinerator design features and variability in design parameters; and

    (i) The applicant has the ability to evaluate test results and hands-on training to determine whether a person is adequately trained to operate an incinerator.

  (4) The Department may deny or revoke approval of a training course under the following conditions:

    (a) The course does not substantially satisfy the required course contents;

    (b) The Department determines that the course instructors are not qualified to conduct the training; or

    (c) The documentation or other information provided by the applicant pertaining to training or testing is fraudulent.

G. Records and Notification. Within 10 days after training is complete, the person who conducts an approved incinerator operator training course shall:

  (1) Notify the Department, in writing, of the names, employee identification numbers, and employer of those incinerator operators who have successfully completed the training course; and

  (2) Provide a certificate to each incinerator operator who has satisfactorily completed the training course and has passed the required examination.

H. Operations and Maintenance Manual.

  (1) The owner or operator of a large MWC as defined in Regulation .01B(5-1) of this chapter shall develop and maintain on-site an operations and maintenance manual that contains, at a minimum, all of the course content requirements in §D(1) of this regulation and in 40 CFR §60.54b(e).

  (2) The operations and maintenance manual shall be updated annually.

#### Regulation .10 NO

*COMAR 26.11.08.10*

A. The owner and operator of a Large MWC shall minimize NOx emissions by operating and optimizing the use of all installed pollution control technology and combustion controls consistent with the technological limitations, manufacturers’ specifications, good engineering and maintenance practices, and good air pollution control practices for minimizing emissions (as defined in 40 CFR §60.11(d)) for such equipment and the unit at all times the unit is in operation, including periods of startup, shutdown, and warm-up.

B. As of May 1, 2019, the owner or operator of a Large MWC shall meet the following applicable NOx emission rates, except for periods of startup, shutdown, and warm-up:

C. As of May 1, 2020, the owner or operator of a Large MWC shall meet the requirements of §B of this regulation and the following applicable NOx emission rates, except for periods of startup, shutdown, and warm-up:

D. Startup, Shutdown, and Warm-Up NOx Emission Limitations.

  (1) As of May 1, 2019, a facility-wide NOx emission limit of 202 lbs/hr timed average mass loading over a 24-hour period shall apply during periods of startup and shutdown for the Montgomery County Resource Recovery Facility.

  (2) As of May 1, 2019, a facility-wide NOx emission limit of 252 lbs/hr timed average mass loading over a 24-hour period shall apply during periods of startup and shutdown for Wheelabrator Baltimore Inc.

  (3) As of May 1, 2019, on days when the unit is in startup, the NOx 24-hour block average emission rate under §B of this regulation will apply for the 24-hour period after startup is completed.

  (4) As of May 1, 2019, on days when the unit is in shutdown, the NOx 24-hour block average emission rate under §B of this regulation will apply for the 24-hour period prior to the commencement of shutdown.

  (5) As of January 1, 2020, a facility-wide NOx emission limit of 202 lbs/hr timed average mass loading over the warm-up period shall apply for the Montgomery County Resource Recovery Facility.

  (6) As of January 1, 2020, a unit-specific NOx emission limit of 84 lbs/hr timed average mass loading over the warm-up period shall apply for Wheelabrator Baltimore Inc.

E. Additional NOx Emission Control Requirements.

  (1) Not later than January 1, 2020, the owner or operator of Wheelabrator Baltimore Inc. shall submit a feasibility analysis for additional control of NOx emissions from the Wheelabrator Baltimore Inc. facility to the Department. This analysis shall be prepared by an independent third party and include the following:

    (a) A written narrative and schematics detailing existing facility operations, boiler design, NOx control technologies, and relevant emission performance;

    (b) A written narrative and schematics detailing various state-of-the-art NOx control technologies for achieving additional NOx emission reductions from existing MWCs, including technologies capable of achieving NOx emission levels comparable to those for a new source in consideration of the overall facility design at Wheelabrator Baltimore Inc.;

    (c) An analysis of whether each state-of-the-art control technology identified under §E(1)(b) of this regulation could technically be implemented at the Wheelabrator Baltimore Inc. facility;

    (d) Capital and operating costs, NOx emission benefits, and air quality impacts resulting from installation of each state-of-the-art control technology as identified under §E(1)(b) of this regulation; and

    (e) An estimated timeline for installation of each state-of-the-art control technology as identified under §E(1)(b) of this regulation which shall include design time, construction, operational testing, and start up.

  (2) Upon written request, Wheelabrator Baltimore Inc. shall submit any other information that the Department determines is necessary to evaluate the feasibility analysis.

  (3) Not later than January 1, 2020, based upon the results of the feasibility analysis as required under §E(1) of this regulation, the owner or operator of Wheelabrator Baltimore Inc. shall propose and submit a NOx 24-hour block average emission rate, NOx 30-day rolling average emission rate, and NOx mass loading emission limitation for periods of startup, shutdown, malfunction, and warm-up.

F. The owner or operator of a Large MWC shall continuously monitor NOx emissions with a continuous emission monitoring system in accordance with COMAR 26.11.01.11.

G. Not later than 45 days after the effective date of this regulation, the owner or operator of a Large MWC shall submit a plan to the Department and EPA for approval that demonstrates how the Large MWC will operate installed pollution control technology and combustion controls to meet the requirements of §A of this regulation. The plan shall summarize the data that will be collected to demonstrate compliance with §A of this regulation. The plan shall cover all modes of operation, including but not limited to normal operations, startup, shutdown, and warm-up.

H. Beginning July 1, 2019, the owner or operator of a Large MWC shall submit a quarterly report to the Department containing:

  (1) Data, information, and calculations which demonstrate compliance with the NOx 24-hour block average emission rate as required in §B of this regulation;

  (2) Data, information, and calculations, including NOx continuous emission monitoring data and stack flow data, which demonstrate compliance with the startup, shutdown, and warm-up mass NOx emission limits as required in §D of this regulation;

  (3) Flagging of periods of startup, shutdown, and warm-up and exceedances of emission rates;

  (4) NOx continuous emission monitoring data and total urea flow rate to the boiler averaged over a 1-hour period, in a Microsoft Excel format; and

  (5) Documented actions taken during periods of startup, shutdown, and warm-up in signed, contemporaneous operating logs.

I. Beginning July 1, 2020, the quarterly report to be submitted pursuant to §H of this regulation shall also include data, information, and calculations which demonstrate compliance with the NOx 30-day rolling average emission rate as required in §C of this regulation.

J. No less than 2 weeks advance notice and the opportunity to observe activities shall be provided to the Department prior to any optimization procedure, including installation or operation of NOx emission control technology, for the express purpose of complying with the requirements of §E(1) of this regulation.

K. Compliance with the NOx emission standards in §§B, C, and D of this regulation shall be demonstrated with a continuous emission monitoring system.

L. Compliance with the NOx Mass Loading Emission Limitation for the Montgomery County Resource Recovery Facility.

  (1) Compliance with the NOx mass loading emission limitation for periods of startup and shutdown in §D(1) of this regulation shall be demonstrated by calculating the 24-hour average of all hourly average NOx emission concentrations from continuous emission monitoring systems.

  (2) The calculations in §L(1) of this regulation shall utilize stack flow rates derived from flow monitors, for all the hours during the 3-hour startup or shutdown period and the remaining 21 hours of the 24-hour period.

  (3) Compliance with the NOx mass loading emission limitations for warm-up periods in §D(5) of this regulation shall be demonstrated by calculating the average of all hourly average NOx emission concentrations during the warm-up period from continuous emission monitoring systems.

  (4) The calculations in §L(3) of this regulation shall utilize stack flow rates derived from flow monitors, for all the hours during the warm-up period.

M. Compliance with the NOx Mass Loading Emission Limitation for the Wheelabrator Baltimore Inc.

  (1) Compliance with the NOx mass loading emission limitation for periods of startup and shutdown in §D(2) of this regulation shall be demonstrated by calculating the 24-hour average of all hourly average NOx emission concentrations from continuous emission monitoring systems.

  (2) The calculations in §M(1) of this regulation shall utilize the applicable Prevention of Significant Deterioration calculation methodology, for all the hours during the 3-hour startup or shutdown period and the remaining 21 hours of the 24-hour period.

  (3) Compliance with the NOx mass loading emission limitations for warm-up periods in §D(6) of this regulation shall be demonstrated by calculating the average of all hourly average NOx emission concentrations during the warm-up period from continuous emission monitoring systems.

  (4) The calculations in §M(3) of this regulation shall utilize the applicable Prevention of Significant Deterioration calculation methodology, for all the hours during the warm-up period.