Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 418 - BENEFICIAL USE OF SOLID WASTES
Section 096-418-8 - Fuel Substitution
Universal Citation: 06 ME Code Rules ยง 096-418-8
Current through 2024-38, September 18, 2024
Any person proposing to beneficially use secondary materials as a fuel in a boiler or cement kiln designed to combust conventional fuels, including fossil or biomass fuels, must obtain a license pursuant to the requirements of this section and the general standards of section 4 of this rule.
A. Standards. In addition to the General Standards for Beneficial Use in section 4 of this rule, the following standards apply to facilities beneficially using secondary materials as fuel:
(1) The substitution of secondary material(s)
for conventional fuels used in a boiler or cement kiln shall not exceed 50% of
total fuel by weight combusted on an average annual basis;
(2) A licensee may beneficially use as a fuel
substitute only the type and quantity of secondary material specifically
licensed or allowed under this rule;
(3) A licensee may not accept CDD wood as a
fuel unless the facility's Quality Assurance / Quality Control Plan
specifically provides that the source(s) of the CDD wood fuel has implemented a
plan for the identification and removal of arsenic and pentachlorophenol
treated wood (including but not limited to utility poles) prior to processing
of the CDD wood into fuel. Acceptable methods for the removal of arsenic and
pentachlorophenol wood are the use of PAN Indicator Stain, X-ray Fluorescence
technology, personnel specifically trained to recognize treated wood, or other
methods approved by the Department;
(4) In order to characterize secondary
material proposed for fuel use, unless specifically waived by the Department, a
trial burn of the secondary material blended with the existing fuels shall be
conducted; and,
(5) A licensee
shall not deliver ash that is hazardous by analysis to a non-hazardous solid
waste facility for disposal.
B. Pre-Application Requirements. A person proposing to license fuel substitution under this section shall request a pre-application meeting with the Department. The pre-application meeting will include a discussion of the fuel substitution proposal, and provide an opportunity for the applicant to receive guidance on the trial burn procedure and characterization of the proposed substitute fuel.
At least 14 days prior to the pre-application meeting, the applicant shall submit the following information to the Department:
(1) A proposed trial burn
procedure;
(2) The estimated
maximum annual quantity of the secondary material proposed for combustion;
(3) Information outlining how the
secondary material will be transported, stored, and otherwise managed; and,
(4) Information outlining how
bypass and residues will be stored and otherwise managed, including how
residues will be characterized and disposed.
C. Trial Burn Requirements.
(1) Prior to conducting a trial burn, the
applicant shall notify the Department's Bureau of Air Quality of the proposed
trial burn.
(2) The following
information must be submitted to the Bureau of Remediation and Waste Management
at the pre-application meeting, and a minimum of 10 working days prior to the
planned start of the trial burn:
(a) Results
of the characterization of secondary material to be used for the trial burn,
including a minimum of 4 samples from a stockpile of at least 400 tons from
each source for each proposed fuel, and 1 sample for each additional 400 tons
acquired for the trial burn, if a trial burn of more than 400 tons is proposed.
For CDD wood fuel, each sample must be a composite of 20 one quart samples
representative of the trial period. Large particle size solid fuel must be
pulverized and thoroughly mixed prior to sample reduction and analysis using a
Department approved method. Enough fuel must be available to conduct a trial
burn for each proposed fuel blend to allow sampling over an 8 hour period. The
characterization results for secondary materials proposed to be used as fuel
may be obtained from the source, provided the results are representative of the
secondary material on an ongoing basis. Fuel blended from proposed secondary
materials and the conventional fuel combusted at the facility must be
characterized by the applicant, unless this requirement is waived by the
Department, by analysis for the parameters below:
(i) TCLP metals;
(ii) Total Arsenic and Lead;
(iii) Physical characterization using
Department approved methods; and,
(iv) Other parameters as required by the
Department.
(b)
Information outlining the objectives of the trial burn, how the secondary
material for the trial burn will be transported, stored, and otherwise managed,
the quantity of secondary material to be burned, the scheduled times and dates
of the trial burn, a protocol for characterization of the fuel blend(s) to be
used during the trial burn that includes collection of 1 sample per 400 tons of
each different blend of fuel provided a minimum of 4 samples are taken, and an
ash testing program needed to adequately characterize ash constituents and
levels of pollutants.
(3) The trial burn will be conducted per the
submitted trial burn procedure, and approvals obtained from both the Bureau of
Air Quality and the Bureau of Remediation and Waste Management.
D. Application Requirements. The following information must be included in an application for fuel substitution submitted to the Department, on an application form provided by the Department:
(1) A description of the secondary material
proposed for fuel use;
(2) The
results of the trial burn, and any other appropriate information regarding the
suitability of the secondary material for fuel use;
(3) An Operations Manual prepared in
accordance with the requirements of this section;
(4) An U.S.G.S. 7.5 minute topographic map or
equivalent map clearly showing the property boundary and location on that
property of the boiler or cement kiln proposing the fuel substitution. GPS
coordinates of the activity shall be provided in the project description; and,
(5) A signed contract or letter of
intent from a facility(ies) licensed to accept all residues and bypass
wastes.
E. Operating Requirements. All new and existing licensees must comply with the following operating requirements:
(1) The licensee shall ensure that activities
associated with the combustion of secondary materials do not contaminate ground
or surface water.
(2) The licensee
shall prepare and maintain an operating manual of current policies and
procedures related to the beneficial use of the secondary material as a fuel
substitute. The operating manual shall include all information that would
enable supervisory and operating personnel, and persons evaluating the
beneficial use, to determine what sequence of operation, plans, diagrams,
policies, procedures and legal requirements must be followed for orderly and
successful operation on a daily and yearly basis. The manual must address all
items contained in this section. The licensee shall take whatever measures are
necessary to familiarize all personnel responsible for beneficial use with
relevant sections of the operating manual, and shall provide and document
regular training for personnel on the handling and management of secondary
materials used as substitute fuels, and residues from the combustion of blended
fuel.
(3) The licensee shall
maintain a valid contract or agreement with a solid waste facility approved to
accept bypassed waste and/or residues from the boiler or cement kiln. A waste
characterization program for residues shall be included in the operating
manual. All residues shall be characterized in accordance with the applicable
provisions of 06-096 C.M.R. ch. 405, §
6.
(4) The licensee shall undertake suitable
measures to control dust, litter (including fines from fuel and ash) and odors
resulting from the use of secondary material as a fuel.
(5)
Storage Requirements:
(a) All fuel substitution licensed under this
section must occur at a facility designed and operated to collect, store and
handle ash in enclosed buildings, or the equivalent (e.g., covered conveyors
and transfer points, leak proof containers, tanks), to prevent fugitive dust
emissions and to prevent direct exposure of the ash to the weather during
collection, storage, handling and transport off site;
(b) Storage areas for secondary material for
use as substitute fuel shall be clearly identified and public access
excluded;
(c) Secondary material
that cannot be used as substitute fuel by the boiler or cement kiln shall be
removed and disposed at a facility licensed to accept it at least weekly unless
other procedures have been reviewed and approved by the Department; and,
(d) Licensees shall manage fuel
according to the fuel management plan.
(6) The licensee shall draft and implement a
Quality Assurance/Quality Control (QA/QC) Plan which will ensure that secondary
materials used by the facility will remain consistent with the facility's fuel
substitution license and applicable fuel quality standards in this rule. All
sampling and analysis required in this section of the rule shall be done using
Department approved methods, and in conformance with the requirements of the
license(s) and applicable provisions of 06-096 C.M.R. ch. 405, §
6. If CDD wood fuel is licensed as a
substitute fuel, the QA/QC Plan shall include the specific elements listed in
sub-section F, below.
(7) Fuel
Management Plan Requirements. The following shall be included in a plan for
management of secondary materials used as fuel:
(a) A detailed description of the fuel
storage area and its operation including: an asphalt or concrete base pad shown
in plain view along with typical cross sections; provisions for leachate
management, collection and disposal; and control of wind blown fines;
(b) A description of fuel flow through the
facility that provides for consumption of oldest fuel first and a plan view of
the storage pad at a minimum scale of 1"=50' that depicts the sequence of fuel
flow, oldest to newest, throughout the pad area;
(c) Procedures for blending or metering in
fuel;
(d) Procedures for minimizing
fuel stockpile volume and fuel fire risk for the duration of planned
shutdowns;
(e) For facilities that
store fuel outside, an Environmental Monitoring Program designed and
implemented in accordance with the applicable provisions of 06-09 6
C.M.R. ch. 405, unless the Department determines a program is not required;
and,
(f) A storage pad inspection
and maintenance program that provides for annual inspection and repair of the
pad.
(8) A hazardous and
special waste exclusion plan shall be developed and implemented in accordance
with the requirements of 06-096 C.M.R. ch. 400, §9, using the template in
Appendix A of 06-096 C.M.R. ch. 400.
F. Additional Operating Requirements When CDD Wood Fuel Is Used. All new and existing licensees that accept CDD wood fuel must comply with the following operating requirements:
(1) In addition to the specific elements
listed in sub-section E (7), above, the fuel management plan shall include:
(a) A size limit on wood fuel pile(s)
containing CDD wood fuel to no more than 8 weeks of fuel; and,
(b) A fire safety action plan that includes
procedures for monitoring internal pile temperatures or the use of thermal
imaging devices or other technology that provide for maintaining internal pile
temperatures less than 185 degrees Fahrenheit. The fire safety action plan must
describe procedures and equipment that will be used when internal pile
temperatures meet or exceed 185 degrees Fahrenheit or in the event of a pile
fire. The fire safety action plan shall be submitted to the local fire safety
authority for its review. If that authority makes recommendations concerning
the plan, those recommendations shall be included in the plan prior to
submittal to the Department. The Department may waive the requirement for a
fire safety action plan upon a showing that such a plan is not warranted due to
small volumes of CDD wood fuel proposed to be stored and/or short residency
times in storage.
(2)
QA/QC Plan Elements. To ensure that CDD wood fuel and blended fuel
used by the facility will remain consistent with the fuel quality standards of
this section, the QA/QC Plan shall address the following elements:
(a) CDD wood fuel elements:
(i) Sampling for physical characterization of
substitute fuel may be contracted by either the source or the licensee. All
work involved in certifying that the fuel meets the standards for CDD wood fuel
must be done by a qualified third party, independent from the fuel source and
the licensee. For the purpose of this requirement, independent of the source
and the licensee means personnel certifying the fuel are not in the direct
employment of the source or the licensee. The third party must be employed by a
company under a contractual relationship with the source or the licensee, and
the company must offer the same services to multiple parties. Physical
characterization results shall be provided to both the source and the licensee
by the independent third party within 3 days of the date the laboratory
analyses are reported;
(ii)
Physical sampling and analysis must be done in conformance with procedures
established in 06-096 C.M.R. ch. 405, §
6(C)(6), using
laboratories certified for the required analyses, if applicable. Statistical
analysis of characterization data shall be performed in accordance with 06-096
C.M.R. ch. 405, §
6(C)(6). Analytical
results shall be submitted to the Department in EDD format;
(iii) Unless an alternative sampling program
is approved by the Department, a minimum of 4 composite samples collected on 4
different days, over a period of no fewer than 15 and no more than 30
consecutive days is necessary to certify each new source;
(iv) Annually thereafter, each source must be
recertified. For recertification, a minimum of 1 composite sample per 10,000
tons received in the last calendar year is required; however, annual
recertification must be based on a minimum of 4 samples per source. Each sample
must be a composite of a minimum of 20 one quart samples.
Facilities that process fewer than 4 times per year and produce a total of less than 10,000 tons per year may instead collect either:
a. a total of 3 samples during the
year, where each of the 3 samples is a composite of a minimum of 20 one quart
samples; or
b. a total of 2
replicate samples during each processing event, where each replicate sample is
a composite of a minimum of 30 one quart samples taken from different
horizontal and vertical locations in the stockpile.
(v) For each source, the following
information must be documented:
a. the name,
location and a detailed description of the fuel processing
methodology;
b. the compliance
history for the past 5 years;
c.
the estimated tons per year of fuel the source generates;
d. the estimated tons per year of fuel that
will be supplied to the licensee;
e. a determination that the source has a
program equivalent to the licensee's Hazardous and Special Waste Exclusion
Plan, and that the source has procedures for the removal of hazardous waste,
arsenic and pentachlorophenol treated, charred or burned wood prior to
processing fuel;
f. a description
of the method by which the licensee will evaluate and accept or reject the fuel
certification information provided by the independent third party fuel
inspector;
g. documentation that
the source supplies CDD wood fuel that meets or exceeds the CDD fuel quality
standards in this section; and,
h.
a description of the method to inspect and accept or reject each load of CDD
wood fuel.
(b)
Blended fuel elements:
(i) Physical sampling of the blended fuel may
be done either by a qualified contractor, or by employees of the licensee who
are trained in sampling techniques; and,
(ii) Unless an alternative plan is approved
by the Department, on a monthly basis the designated sampler shall collect and
properly store an 8-hour composite sample of the approved blended fuel from the
conveyor feeding the boiler. Two subsequent monthly composites shall be
combined for a quarterly composite, and the quarterly composite shall be
analyzed for the chemical parameters arsenic and lead.
(3)
Fuel Quality Standards
for CDD Wood. Analytical data from a proposed source of processed CDD
wood must be examined by the licensee and the source found to consistently
produce a product that meets or exceeds the following CDD wood fuel quality
standards prior to blending with other fuels at the licensee's facility.
Analytical data that is available from the CDD wood fuel processor, provided it
is representative of the CDD wood fuel generated by the CDD wood fuel processor
at that time, the characterization meets the requirements below and an
agreement that is acceptable to the person who contracted for the data has been
reached, may be used to demonstrate compliance with the following CDD wood fuel
quality standards:
(a) Non-combustible
fraction exclusive of rocks, brick, and concrete < 1%
(b) Plastics < 1%
(c) CCA (chromated copper arsenate) treated
wood < 2%
(d) #4 minus fines
(for publicly owned sources regulated under the Maine Solid Waste
Management Rules) < 20%
(e) #4 minus fines (for sources other than
publicly owned) < 15%
(4)
Fuel Quality Standards for Blended
Fuel . The fuel quality standards below must be met by the fuel
substitution licensee after any blending of secondary materials with
conventional fuels and prior to combustion.
(a) Arsenic < 50 mg/kg
(b) Lead < 375 mg/kg
(5)
Failure to Meet the Fuel Quality
Standards. If sampling conducted under the provisions of the QA/QC Plan
detects fuel that fails to meet the fuel quality standards, the licensee or
source shall:
(a) Notify the Bureau of
Remediation and Waste Management of the failed result(s) as soon as possible,
but within 24 hours after the detection;
(b) Using the split sample collected at the
same time as the sample that failed, retest within 3 days of receipt of
notification of non-compliance with the standards. Conduct: a statistical
analysis in conformance with the approved QA/QC Plan of the data from the
sampling and testing program; identification of the sources which may have
caused or contributed to the possible deterioration of the fuel quality; and an
assessment of possible errors, such as errors in sampling, analysis or
mathematical problems with the test data;
NOTE: When a source learns CDD wood fuel has failed to meet the physical fuel characterization standards, it will test the split sample required to be retained under 06-096 C.M.R. ch. 405, § 6(C)(6)(a) (vi).
(c) Within 24 hours
of the detection, characterize ash onsite in accordance with the ash sampling
and characterization plan, and notify the disposal facility that samples of
fuel failed to meet the fuel quality standards;
NOTE: If hazardous waste ash is disposed, the licensee may be responsible for management of the ash under the applicable provisions of 38 M.R.S. §§1301 through 1319-Y; and the Hazardous Waste Management Rules, 06-096 C.M.R. ch. 850 through ch. 858.
(d)
Within 24 hours of the detection, characterize stored CDD wood fuel from the
same source as the failed test in accordance with the QA/QC Plan;
(e) Notify the Bureau of Remediation and
Waste Management of the results/status of the evaluation conducted in
accordance with (b) through (d), above, within 3 days of its
completion;
(f) If the evaluation
conducted by the licensee confirms that the fuel does not meet the "Fuel
Quality Standards for CDD Wood" in sub-section F(3), above, notify the
source(s) of the substandard fuel. If the evaluation is conducted by the
source, notify the licensee of the substandard fuel. Combustion of CDD wood
fuel from that source shall cease until its fuel is demonstrated to be
compliant with the CDD fuel standards. Within 14 days of the notification,
either the licensee or the source shall submit to the Bureau of Remediation and
Waste Management for its review a report describing and documenting correction
of the circumstances or conditions that caused the fuel to become non-compliant
with the fuel quality standards; and,
(g) Acceptance of fuel from a source may
commence only after the report required pursuant to sub-division (f), above, is
approved by the Bureau of Remediation and Waste Management; or the Bureau of
Remediation and Waste Management concludes after review of the sampling and
analytical results or the evaluation conducted in accordance with (b) through
(e), above, that continued acceptance of the fuel does not pose an unreasonable
risk to public health or the environment.
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