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.