Md. Code Regs. 26.11.08.08-2

Current through Register Vol. 51, No. 24, December 2, 2024

Section 26.11.08.08-2 - Emission Standards and Requirements for HMIWIs Under 40 CFR 60 Subpart Ce as Revised October 6, 2009

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.

Pollutant	Units (7 percent oxygen, dry basis)	Emission limits			Test Method	Averaging Time¹
Pollutant	Units (7 percent oxygen, dry basis)	Small	Medium	Large	Test Method	Averaging Time¹
Particulate matter	Milligrams per dry standard cubic meter (grains per dry standard cubic foot)	66 (0.029)	46 (0.020)	25 (0.011)	EPA Reference Method 5 of Appendix A-3 of 40 CFR Part 60, or EPA reference Method 26A or 29 of Appendix A-8 of 40 CFR Part 60	3 run average (1hr minimum sample time per run)
Opacity	6 minute block average percent	10	10	10	EPA Method 9 and PM CEMS. Alternative use of PM CEMS as stipulated under 40 CFR § 60.56c(b)(9) in lieu of EPA Method 9, Appendix A-4 or Bag leak detection system	6 minute block average
Carbon monoxide	Parts per million by volume	20	5.5	11	EPA Reference Method 10 of Appendix A-4 of 40 CFR Part 60	3 run average (1 hr minimum sample time per run)
Dioxins/furans	Nanograms per dry standard cubic meter total dioxins/furans (grains per billion dry standard cubic feet) or nanograms per dry standard cubic meter TEQ (grains per billion dry standard cubic feet)	16 (7.0) or 0.013 (0.0057)	0.85 (0.37) or 0.020 (0.0087)	9.3 (4.1) or 0.054 (0.024)	EPA Reference Method 23 of Appendix A-7 of 40 CFR Part 60	3 run average (4 hr minimum sample time per run)
Hydrogen chloride	Parts per million by volume	44	7.7	6.6	EPA Reference Method 26 or 26A of Appendix A-8 of 40 CFR Part 60	3 run average (1 hr minimum sample time per run)
Sulfur dioxide	Parts per million by volume	4.2	4.2	9.0	EPA Reference Method 6 or 6C of Appendix A-4 of 40 CFR Part 60	3 run average (1 hr minimum sample time per run)
Nitrogen oxides	Parts per million by volume	190	190	140	EPA Reference Method 7 or 7E of Appendix A-4 of 40 CFR Part 60	3 run average (1 hr minimum sample time per run)
Lead	Milligrams per dry standard cubic meter (grains per thousand dry standard cubic feet)	0.31 (0.14)	0.018 (0.0079)	0.036 (0.016)	EPA Reference Method 29 of Appendix A-8 of 40 CFR Part 60	3 run average (1 hr minimum sample time per run)
Cadmium	Milligrams per dry standard cubic meter (grains per thousand dry standard cubic feet)	0.017(0.0074)	0.013(0.0057)	0.0092(0.0040)	EPA Reference Method 29 of Appendix A-8 of 40 CFR Part 60	3 run average (1 hr minimum sample time per run)
Mercury	Milligrams per dry standard cubic meter (grains per thousand dry standard cubic feet)	0.014(0.0061)	0.025 (0.011)	0.018(0.0079)	EPA Reference Method 29 of Appendix A-8 of 40 CFR Part 60	3 run average (1 hr minimum sample time per run)

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

(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.

Pollutant	Units (7 percent oxygen, dry basis)	Emission limits HMIWI size			Test Method	Averaging Time¹
Pollutant	Units (7 percent oxygen, dry basis)	Small	Medium	Large	Test Method	Averaging Time¹
Particulate matter	Milligrams per dry standard cubic meter (grains per dry standard cubic foot)	66 (0.029)	34 (0.015)	25 (0.011)	EPA Reference Method 5 of Appendix A-3 of 40 CFR Part 60, or EPA reference Method 26A or 29 of Appendix A-8 of 40 CFR Part 60	3 run average (1 hr minimum sample time per run)
Opacity	6 minute block average percent	6	6	6	EPA Method 9 and PM CEMS. Alternative use of PM CEMS as stipulated under 40 CFR § 60.56c(b)(9) in lieu of EPA Method 9, Appendix A-4 or Bag leak detection system	6 minute block average
Carbon monoxide	Parts per million by volume	20	5.5	11	EPA Reference Method 10 of Appendix A-4 of 40 CFR Part 60	3 run average(1 hr minimum sample time per run)
Dioxins/furans	Nanograms per dry standard cubic meter total dioxins/furans (grains per billion dry standard cubic feet) or nanograms per dry standard cubic meter TEQ (grains per billion dry standard cubic feet)	16 (7.0) or0.013 (0.0057)	0.85 (0.37) or0.020 (0.0087)	9.3 (4.1) or 0.054 (0.024)	EPA Reference Method 23 of Appendix A-7 of 40 CFR Part 60	3 run average(4 hr minimum sample time per run)
Hydrogen chloride	Parts per million by volume or percent reduction	15 or 99%	7.7	6.6	EPA Reference Method 26 or 26A of Appendix A-8 of 40 CFR Part 60	3 run average(1 hr minimum sample time per run)
Sulfur dioxide	Parts per million by volume	4.2	4.2	9.0	EPA Reference Method 6 or 6C of Appendix A-4 of 40 CFR Part 60	3 run average(1 hr minimum sample time per run)
Nitrogen oxides	Parts per million by volume	190	190	140	EPA Reference Method 7 or 7E of Appendix A-4 of 40 CFR Part 60	3 run average(1 hr minimum sample time per run)
Lead	Milligrams per dry standard cubic meter (grains per thousand dry standard cubic feet)	0.31 (0.14)	0.018 (0.0079)	0.036 (0.016)	EPA Reference Method 29 of Appendix A-8 of 40 CFR Part 60	3 run average(1 hr minimum sample time per run)
Cadmium	Milligrams per dry standard cubic meter (grains per thousand dry standard cubic feet)	0.017 (0.0074)	0.013 (0.0057)	0.0092 (0.0040)	EPA Reference Method 29 of Appendix A-8 of 40 CFR Part 60	3 run average(1 hr minimum sample time per run)
Mercury	Milligrams per dry standard cubic meter (grains per thousand dry standard cubic feet)	0.014 (0.0061)	0.025 (0.011)	0.018 (0.0079)	EPA Reference Method 29 of Appendix A-8 of 40 CFR Part 60	3 run average (1 hr minimum sample time per run)

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

(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).

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.

Pollutant	Units (7 percent oxygen, dry basis)	HMIWI Emission limits	Test Method	Averaging Time¹
Particulate matter	Milligrams per dry standard cubic meter (grains per dry standard cubic foot)	197 (0.086)	EPA Reference Method 5 of Appendix A-3 of 40 CFR Part 60, or EPA reference Method 26A or 29 of Appendix A-3 of 40 CFR Part 60	3 run average (1 hr minimum sample time per run)
Opacity	6 minute block average percent	10	EPA Method 9 and PM CEMS. Alternative use of PM CEMS as stipulated under 40 CFR § 60.56c(b)(9) in lieu of EPA Method 9, Appendix A-4 or Bag leak detection system	6 minute block average
Carbon monoxide	Parts per million by volume	40	EPA Reference Method 10 of Appendix A-4 of 40 CFR Part 60	3 run average(1 hr minimum sample time per run)
Dioxins/furans	Nanograms per dry standard cubic meter total dioxins/furans (grains per billion dry standard cubic feet) or Nanograms per dry standard cubic meter TEQ (grains per billion dry standard cubic feet)	800 (350) or 15 (6.6)	EPA Reference Method 23 of Appendix A-7 of 40 CFR Part 60	3 run average(4 hr minimum sample time per run)
Hydrogen chloride	Parts per million by volume or percent reduction	3,100	EPA Reference Method 26 or 26A of Appendix A-8 of 40 CFR Part 60	3 run average(1 hr minimum sample time per run)
Sulfur dioxide	Parts per million by volume	55	EPA Reference Method 6 or 6C of Appendix A-4 of 40 CFR Part 60	3 run average(1 hr minimum sample time per run)
Nitrogen oxides	Parts per million by volume	250	EPA Reference Method 7 or 7E of Appendix A-4 of 40 CFR Part 60	3 run average(1 hr minimum sample time per run)
Lead	Milligrams per dry standard cubic meter (grains per thousand dry standard cubic feet)	10 (4.4)	EPA Reference Method 29 of Appendix A-8 of 40 CFR Part 60	3 run average(1 hr minimum sample time per run)
Cadmium	Milligrams per dry standard cubic meter (grains per thousand dry standard cubic feet)	4 (1.7)	EPA Reference Method 29 of Appendix A-8 of 40 CFR Part 60	3 run average(1 hr minimum sample time per run)
Mercury	Milligrams per dry standard cubic meter (grains per thousand dry standard cubic feet)	7.5 (3.3)	EPA Reference Method 29 of Appendix A-8 of 40 CFR Part 60	3 run average(1 hr minimum sample time per run)

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

(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.

Pollutant	Units (7 percent oxygen, dry basis)	HMIWI Emission limits	Test Method	Averaging Time¹
Particulate matter	Milligrams per dry standard cubic meter (grains per dry standard cubic foot)	87 (0.038)	EPA Reference Method 5 of Appendix A-3 of 40 CFR Part 60, or EPA reference Method 26A or 29 of Appendix A-3 of 40 CFR Part 60	3 run average (1 hr minimum sample time per run)
Opacity	6 minute block average percent	6	EPA Method 9 and PM CEMS. Alternative use of PM CEMS as stipulated under 40 CFR § 60.56c(b)(9) in lieu of EPA Method 9, Appendix A-4 or Bag leak detection system	6 minute block average
Carbon monoxide	Parts per million by volume	20	EPA Reference Method 10 of Appendix A-4 of 40 CFR Part 60	3 run average(1 hr minimum sample time per run)
Dioxins/furans	Nanograms per dry standard cubic meter total dioxins/furans (grains per billion dry standard cubic feet) or Nanograms per dry standard cubic meter TEQ (grains per billion dry standard cubic feet)	240 (100) or 5.1 (2.2)	EPA Reference Method 23 of Appendix A-7 of 40 CFR Part 60	3 run average(4 hr minimum sample time per run)
Hydrogen chloride	Parts per million by volume or percent reduction	810	EPA Reference Method 26 or 26A of Appendix A-8 of 40 CFR Part 60	3 run average(1 hr minimum sample time per run)
Sulfur dioxide	Parts per million by volume	55	EPA Reference Method 6 or 6C of Appendix A-4 of 40 CFR Part 60	3 run average(1 hr minimum sample time per run)
Nitrogen oxides	Parts per million by volume	130	EPA Reference Method 7 or 7E of Appendix A-4 of 40 CFR Part 60	3 run average(1 hr minimum sample time per run)
Lead	Milligrams per dry standard cubic meter (grains per thousand dry standard cubic feet)	0.5 (0.22)	EPA Reference Method 29 of Appendix A-8 of 40 CFR Part 60	3 run average(1 hr minimum sample time per run)
Cadmium	Milligrams per dry standard cubic meter (grains per thousand dry standard cubic feet)	0.114 (0.048)	EPA Reference Method 29 of Appendix A-8 of 40 CFR Part 60	3 run average(1 hr minimum sample time per run)
Mercury	Milligrams per dry standard cubic meter (grains per thousand dry standard cubic feet)	0.0051 (0.0022)	EPA Reference Method 29 of Appendix A-8 of 40 CFR Part 60	3 run average(1 hr minimum sample time per run)

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

(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.

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.

Md. Code Regs. 26.11.08.08-2

Regulation .08-2 adopted effective April 2, 2012 (39:6 Md. R. 411)
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); amended effective 45:24 Md. R. 1163, eff. 12/6/2018