Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 854 - STANDARDS FOR HAZARDOUS WASTE FACILITIES
Section 096-854-13 - Additional Standards Applicable to Hazardous Waste Incinerators

Current through 2024-38, September 18, 2024

A. Applicability

(1) Principal hazardous constituents (PHCs) and hazardous combustion by-products must be treated to the extent required by the performance standards specified in Section 13(B) of this Chapter. For each waste feed to be burned, one or more PHCs and hazardous combustion by-products will be specified from among those constituents listed in Appendix VIII of 06-096 C.M.R. ch. 850. This specification will be based on the degree of difficulty of incineration of the hazardous constituents of the waste feed and its combustion by-products, their concentration or mass, considering the results of waste analyses and trial burns or alternative data submitted with the facility's license application. Hazardous constituents or by-products which represent the greatest degree of difficulty of incineration will be those most likely to be designated as PHCs or hazardous combustion by-products. Constituents are more likely to be designated as PHCs or hazardous combustion by-products if they are present in large quantities or concentrations. Trial PHCs will be designated for performance of trial burns in accordance with the procedure specified in 06-096 C.M.R. ch. 856 and 40 C.F.R. §270.62 and for obtaining a trial burn permit. Trial hazardous combustion by-products will be designated under the same procedure.

(2) Integration of the MACT standards:
(a) The performance standards of Section 13(B)(2) - (8) of this Chapter no longer apply when an owner or operator of a hazardous waste incinerator demonstrates compliance with the maximum achievable control technology (MACT) requirements of 40 C.F.R. Part 63, Subpart EEE. Compliance shall be demonstrated by conducting a comprehensive performance test and submitting a notification of compliance under 40 C.F.R. §§63.1207(j) and 63.1210(d). Permit conditions of an existing incinerator that were based on the standards of Section 13 of this Chapter will continue to be in effect until they are removed from the permit or the permit is terminated or revoked, unless the permit expressly provides otherwise.

(b) The MACT standards do not replace the closure requirements of Section 13(E) of this Chapter or the applicable general standards of Section 6 of this Chapter.

(c) For incinerators that elect to comply with the alternative to the particulate matter standards under 40 C.F.R. §§63.1206(b)(14) and 63.1219(e), the particulate matter standard of Section 13(B)(5) of this Chapter remains in effect.

B. Performance Standards. A hazardous waste incinerator must be established, constructed, altered, operated and maintained to meet the following performance standards:

(1) A hazardous waste or constituent or derivative thereof must not appear in the atmosphere in concentrations significantly above the background level or exceed ambient air quality standards for Maine at any time. Background levels must be established by monitoring or demonstrated to have been previously established by monitoring.

(2) An incinerator burning hazardous waste must achieve a Destruction Removal Efficiency (DRE) of 99.99 percent or greater (except as noted in Section 13(B)(3) of this Chapter) for each Principal Hazardous Constituent (PHC) designated in its license for each waste stream to be burned. The following equation is used to determine the DRE for each PHC:

DRE = W in - W out / W in x 100

Where: W in = Mass feed rate of one PHC in the waste stream feeding the incinerator; and

W out = Mass emission rate of the same PHC present in exhaust emissions prior to release to the atmosphere.

(3) An incinerator burning hazardous wastes F020, F021, F022, F023, F026, or F027 must achieve a destruction and removal efficiency (DRE) of 99.9999% for each principal hazardous constituent (PHC) designated in its license. This performance must be demonstrated on PHCs that are more difficult to incinerate than tetra-, penta-, and hexachlorodibenzo-p-dioxins and dibenzofurans. In addition, the owner or operator of the incinerator must receive the approval of the Board as part of its license to incinerate hazardous wastes F020, F021, F022, F023, F026 or F027.

(4) An incinerator burning hazardous waste containing more than 0.5% halogens must remove at least 99% of the hydrogen halides from the exhaust gas. The stack emissions of hydrogen chlorides from any hazardous waste incinerator must not exceed 50 parts per million (ppm) by volume, adjusted to 7% oxygen by volume.

(5) An incinerator burning hazardous waste must not emit particulate matter exceeding 180 milligrams per dry standard cubic meter (0.08 grams per dry cubic foot) when corrected for 7% oxygen. Tests may be required, if applicable, using the procedures specified by 40 C.F.R. §§60.50 through 60.54 (Subpart E, "Standards for Performance of Incinerators") and Part 60, appendix A (Method 3).
(a) Oxygen Correction.
(1) Measured pollutant levels must be corrected for the amount of oxygen in the stack gas according to the formula:

Pc=Pm x 14 / (E-Y)

Where: Pc is the corrected concentration of the pollutant in the stack gas, Pm is the measured concentration of the pollutant in the stack gas, E is the oxygen concentration on a dry basis in the combustion air fed to the device, and Y is the measured oxygen concentration on a dry basis in the stack.

(2) For devices that feed normal combustion air, E will equal 21 percent. For devices that feed oxygen-enriched air for combustion (that is, air with an oxygen concentration exceeding 21 percent), the value of E will be the concentration of oxygen in the enriched air.

(3) Compliance with all emission standards provided by this section must be based on correcting to 7 percent oxygen using this procedure.

(6) Heavy metals must not appear in the atmosphere in concentrations significantly above the background level or exceed ambient air quality standards for Maine at any time. Background levels must be established by monitoring or demonstrated to have been previously established by monitoring.

(7) An incinerator must destroy hazardous combustion by-products designated in its license such that the total mass emission rate of these by-products emitted from the stack is 0.011% or less of the total mass feed rate of PHCs fed into the incinerator.

(8) All combustion residues, such as fly ash, must be handled in accordance with all Federal and State statutory and regulatory requirements for their handling.

C. Operation

(1) An incinerator must be operated in accordance with operating requirements specified in the license. These will be specified on a case-by-case basis as those demonstrated (in a trial burn or in alternative data) to be sufficient to maintain compliance with the performance standards of Section 13B above.

(2) Each set of operating requirements will specify the composition of the waste feed (including acceptable variations in the physical or chemical properties of the waste feed which will not affect compliance with the performance standards to which the operating requirements apply). For each such waste feed, the license will specify acceptable operating limits including the following conditions:
(a) Carbon monoxide (CO) level in the stack exhaust gas;

(b) Waste feed rate;

(c) Combustion temperature;

(d) An appropriate indicator of combustion gas velocity;

(e) Air feed rate;

(f) Such other operating requirements as are necessary to ensure that the performance standards are met.

(3) During start-up and shut-down of an incinerator, hazardous waste must not be fed into the incinerator unless the incinerator is operating within the conditions of operation (temperature, air feed rate, etc.) specified in the license.

(4) Fugitive emissions from the combustion zone must be controlled by:
(a) Keeping the combustion zone totally sealed against fugitive emissions; or

(b) Maintaining a combustion zone pressure lower than atmospheric pressure; or

(c) An alternate means of control demonstrated (as part of the permit application) to provide fugitive emissions control equivalent to maintenance of combustion zone pressure lower than atmospheric pressure.

(5) An incinerator must be operated with a functioning system designed to automatically cut off waste feed to the incinerator when operating conditions deviate from limits established under this section.

(6) An incinerator must cease operation when changes in waste feed, incinerator design or operating conditions exceed limits designated in its license.

(7) All hazardous waste incinerators in which halogenated wastes are burned must maintain, at a minimum, a combustion temperature of 1,000º C for a 2 second dwell time with 3% excess oxygen in the stack gas or 1,200º C for a l.5 second dwell time with 2% excess oxygen in stack gas or an equivalent standard. More stringent operating requirements may be required by the Board, depending upon the waste involved, if it is determined by the Board to be necessary to protect the public health and safety or the environment.

(8) Hazardous waste incinerators which burn only non-halogenated wastes must maintain a combustion temperature of not less than 885º C. Specific combustion temperatures will be established in the license and will depend on the type of non-halogenated waste, its physical condition and the rate at which it is added to the normal fuel feedstock.

D. Monitoring, Inspections, and Recordkeeping

(1) The owner or operator must conduct waste analyses sufficient to verify that all waste feed to the incinerator is within the limits specified in its license.

(2) The owner or operator must monitor stack emissions to verify that the operating requirements established in the license achieve the performance standards.

(3) The owner or operator must monitor on a continuous basis:
(a) Combustion temperature, waste feed rate, combustion gas velocity and air feed rate;

(b) CO, at a point in the incinerator downstream of the combustion zone and prior to release to the atmosphere;

(c) Such other parameters, such as CO, CO2, O2, total hydrocarbons, and opacity, that the Board determines to be necessary to be monitored at the stack or at other locations in order to demonstrate compliance with the standards and requirements of this Chapter at all times.

(4) The incinerator and associated equipment (pumps, valves, conveyors, pipes, etc.) must be subjected to thorough visual inspection, at least daily, for leaks, spills, fugitive emissions and signs of tampering.

(5) The emergency waste feed cutoff system and associated alarms must be inspected daily and tested at least weekly to verify operability.

(6) The owner or operator of an incinerator must maintain and keep current for as long as the facility is operated a record of the types and quantities of hazardous waste incinerated, dates of incineration, repairs, accidents or uncontrolled releases and any abatement measures taken.

(7) The monitoring and inspection data must be recorded and all records must be placed in the operating log required by Section 6(C)(10) of this Chapter. The Department may require that a current copy of those records be kept on file with the Department. Upon closure, the operating log must be delivered to the Department.

E. Closure. At closure, the owner or operator must remove all hazardous waste and residues (including, but not limited to, ash, scrubber waters, and scrubber sludges) from the incinerator site.

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