Md. Code Regs. 26.13.07.22

Current through Register Vol. 51, No. 18, September 6, 2024

Section 26.13.07.22 - Limited Facility Permits for Thermal Destruction Facilities other than Hazardous Waste Incinerators

A. Permits Required.

(1) A person may not thermally destroy hazardous waste in an installation other than a hazardous waste incinerator without first obtaining a Limited Facility Permit and an air quality operating permit, except that an electric generating station is not required to obtain an air quality operating permit.

(2) The effects of these regulations with respect to persons who have submitted timely applications under §B(2) shall be stayed until the Department has either issued or denied the Limited Facility Permit, but only so long as the applicant operates in compliance with the terms and conditions of an approval issued by the Department under COMAR 26.11.09.10 s.

(3) Upon issuance of the Limited Facility Permit, the terms and conditions of the Limited Facility Permit will supersede the terms and conditions of any approval issued under COMAR 26.11.09.10 s.

B. Application for a Limited Facility Permit.

(1) A person may apply to the Department for a Limited Facility Permit on an application provided by the Department. The application shall include the following information:

(a) The name and address of the owner of the installation in which the thermal destruction is to take place;

(b) The location of the installation in which the thermal destruction is to take place;

(c) A description of the installation in which the thermal destruction is to take place including:

(i) The maximum rated heat input,

(ii) The burner type or types,

(iii) A description of the combustion chamber,

(iv) The fuel type usually used,

(v) Any air pollution control devices used, and

(vi) A description of the exhaust system including the stack height and diameter;

(d) The characteristics of the hazardous waste to be thermally destroyed including:

(i) The flash point,

(ii) The heat content, expressed in Btu per pound, and

(iii) The viscosity;

(e) The total annual quantity of the hazardous waste to be thermally destroyed and the expected firing rate, expressed in pounds/hour;

(f) An operations plan for the installation that will be thermally destroying the hazardous waste including:

(i) The start-up procedure,

(ii) The normal operating procedure,

(iii) The shut-down procedure, and

(iv) The estimated firing time, expressed in hours per day and days per week;

(g) A waste analysis plan as described in COMAR 26.13.05.02 s D(2);

(h) A general inspection schedule as described in COMAR 26.13.05.02 s F(2);

(i) A contingency plan as described in COMAR 26.13.05.04 s;

(j) A closure plan as described in COMAR 26.13.05.07 s C;

(k) A closure cost estimate, evidence of financial responsibility and evidence of insurance, all as described in COMAR 26.13.05.08 s;

(l) Any other information the Department may request in order to make a determination under this regulation;

(m) The signature on the application of the applicant, if the applicant is an individual person, or of a person who is a responsible official, as described in Regulation .03A, of the organization, if the applicant is a business, governmental, or other organization entity.

(2) An installation subject to §A(1) that was in operation on the effective date of these regulations shall apply to the Department for a Limited Facility Permit on an application provided by the Department within 6 months of the effective date of this regulation. The application shall contain the information requested in §B(1).

C. Issuance of a Limited Facility Permit.

(1) General. Applications for a Limited Facility Permit will be reviewed and a permit issued by the Department based on the combustion efficiency and capacity of the installation to be used to destroy the waste. In determining the approvability of an application, the Department will consider the characteristics of the components in the waste and the capability of the installation to dispose of the waste in a manner that will have no adverse impact on the environment or on persons living in the area of the installation proposed to be used.

(2) Specific Requirements. A permit may be issued if the following requirements are met:

(a) The burner within the installation shall be of a type and size to burn the specified waste and the heat energy demand of the installation shall be constant during the time when the waste is burned or otherwise capable of maintaining the required combustion conditions;

(b) The stack height of the installation shall be consistent with good engineering practice;

(c) The installation shall be operated and maintained by a person directly assigned to those responsibilities;

(d) The discharge of components of the waste or products of combustion of the waste, including sulfur, lead, and halogenated compounds, may not cause a violation of any ambient air quality standards at COMAR 26.11.03 and COMAR 26.11.04 or cause a threat to public health;

(e) If PCBs are present in the waste to be destroyed, the PCB content of the waste shall be within allowable limits for the selected installation as specified by the U.S. EPA.

D. Permit Conditions and Procedures.

(1) The conditions and procedures specified at Regulations .04--.14 as applicable to facility permits shall also apply to Limited Facility Permits.

(2) The Department may establish conditions on a permit for the purpose of monitoring and controlling the efficiency of combustion of the waste, the products of combustion in the exhaust, or the composition of the waste feed.

(3) The Department will deny an application for a Limited Facility Permit if it determines that the requirements of §§B and D of this regulation or any other applicable requirements under this subtitle have not been satisfied.

E. Permit Duration. A Limited Facility Permit under this regulation is valid for 3 years unless modified, revoked, or terminated under Regulation .11 or .20B of this chapter.

Md. Code Regs. 26.13.07.22

Regulation .22B amended effective December 23, 1991 (18:25 Md. R. 2759)