Md. Code Regs. 26.11.08.01

Current through Register Vol. 51, No. 22, November 1, 2024

Section 26.11.08.01 - Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) Bag Leak Detection System.

(a) "Bag leak detection system" means an instrument that is capable of monitoring PM loadings in the exhaust of a fabric filter in order to detect bag failures.

(b) "Bag leak detection system" includes, but is not limited to, an instrument that operates on triboelectric, light scattering, light-transmittance, or other effects to monitor relative PM loadings.

(1-1) "Batch HMIWI" means an HMIWI that is designed so that neither waste charging nor ash removal can occur during combustion.

(2) "Biologicals" means preparations made from living organisms and their products, including vaccines and cultures, intended for use in diagnosing, immunizing, or treating humans or animals or in research pertaining thereto.

(3) "Blood products" means any product derived from human blood, including blood plasma, platelets, red or white blood corpuscles, and other derived licensed products, such as interferon.

(4) "Body fluids" means liquid emanating or derived from humans and limited to blood, dialysate, amniotic, cerebrospinal, synovial, pleural, peritoneal, and pericardial fluids, and semen and vaginal secretions.

(5) "Bypass stack" means a device used for discharging combustion gases to avoid severe damage to the air pollution control device or other equipment.

(6) "Chemotherapeutic waste" means waste material resulting from the production or use of antineoplastic agents used for the purpose of stopping or reversing the growth of malignant cells.

(7) "Co-fired combustor" is defined at 40 CFR § 60.51c.

(7-1) "Commercial HMIWI" means a HMIWI which offers incineration services for hospital/medical/infectious waste generated off site by firms unrelated to the firm that owns the HMIWI.

(7-2) Continuous Burning.

(a) "Continuous burning" means the continuous, semi-continuous, or batch feeding of municipal solid waste for purposes of waste disposal, energy production, or providing heat to the combustion system in preparation for waste disposal or energy production.

(b) "Continuous burning" begins once municipal solid waste is fed to the combustor.

(8) "Continuous emission monitoring (CEMS)" means a monitoring system for continuously measuring and recording the emissions of a pollutant from an affected facility.

(9) "Continuous HMIWI" means an HMIWI that is designed to allow waste charging and ash removal during combustion.

(9-1) "Crematory " means a furnace where a human or animal corpse is burned with:

(a) The container or bag in which the human or animal corpse is placed or transported; and

(b) The animal bedding, if applicable.

(10) "Dioxin/furans" means the combined emissions of tetra through octa chlorinated dibenzo-para-dioxins and dibenzofurans as measured by EPA Reference Method 23.

(11) "Dry scrubber" means an add-on air pollution control system that injects dry alkaline sorbent (dry injection) or sprays an alkaline sorbent (spray dryer) to react with and neutralize acid gases in the HMIWI exhaust stream forming a dry powder material.

(12) "Existing municipal waste combustor (existing MWC)" means a municipal waste combustor for which the Department issued a permit to construct or for which construction began on or before September 20, 1994.

(13) "Fabric filter or baghouse" means an add-on air pollution control system that removes particulate matter (PM) and nonvaporous metal emissions by passing flue gas through filter bags.

(14) "Facilities manager" means the individual in charge of purchasing, maintaining, and operating the HMIWI or the owner's or operator's representative responsible for the management of the HMIWI. Alternative titles may include director of facilities or vice president of support services.

(15) "Hazardous waste incinerator" means a hazardous waste incinerator as defined in COMAR 26.13.01.03 a B(33).

(16) "High-air phase" means the stage of the batch operating cycle when the primary chamber reaches and maintains maximum operating temperatures.

(17) "Hospital" is defined at 40 CFR § 60.51c.

(18) "Hospital, medical and infectious waste incinerator (HMIWI)" means a special medical waste incinerator that combusts any amount of hospital, medical, and infectious waste.

(19) Hospital waste.

(a) "Hospital waste" means discards generated at a hospital, except unused items returned to the manufacturer.

(b) "Hospital waste" does not include human corpses, remains, and anatomical parts that are intended for interment or cremation.

(20) Incinerator.

(a) "Incinerator" means a furnace or combustion unit that uses controlled flame combustion for the thermal destruction of municipal solid waste, industrial waste, special medical waste, or sewage sludge.

(b) "Incinerator" does not mean a hazardous waste incinerator.

(c) "Incinerator" does not mean any unit owned or operated by a government agency to destroy illegal or prohibited goods. The exclusion does not apply to items either confiscated or incinerated by private, industrial, or commercial entities.

(21) "Incinerator operator" means:

(a) For a municipal waste combustor (MWC), the facility manager (chief facility operator), shift foreman (supervisor), and incinerator control room personnel;

(b) For any other incinerator, the person who controls the waste feed and performs the necessary equipment adjustments to ensure efficient performance.

(22) "Industrial waste" means any solid, liquid, or semiliquid waste, generated by a manufacturing industry, that does not contain hazardous waste.

(23) "Infectious agent" means any organism (such as a virus or bacteria) that is capable of being communicated by invasion and multiplication in body tissues and capable of causing disease or adverse health impacts in humans.

(24) "Intermittent HMIWI" means an HMIWI that is designed to allow waste charging, but not ash removal, during combustion.

(25) Large HMIWI.

(a) "Large HMIWI" means:

(i) an HMIWI that has a maximum design waste burning capacity of more than 500 pounds per hour;

(ii) A continuous or intermittent HMIWI that has a maximum charge rate of more than 500 pounds per hour; or

(iii) A batch HMIWI that has a maximum charge rate of more than 4,000 pounds per day.

(b) "Large HMIWI" does not mean:

(i) A continuous or intermitent HMIWI that has a maximum charge rate of less than or equal to 500 pounds per hour; or

(ii) A batch HMIWI that has a maximum charge rate of less than or equal to 4,000 pounds per day.

(26) "Large MWC" means an existing municipal waste combustor that has a capacity greater than 250 tons per day.

(27) "Low-level radioactive waste" means:

(a) A waste material which contains radioactive nuclides emitting primarily beta or gamma radiation, or both, in concentrations or quantities that exceed applicable federal or State standards for unrestricted release; or

(b) A low-level radioactive waste that is not high-level radioactive waste, spent nuclear fuel, or by-product material as defined by the Atomic Energy Act of 1954 ( 42 U.S.C. § 2014(e)(2) ).

(28) "Malfunction" is defined at 40 CFR § 60.51c.

(29) "Maximum charge rate" means:

(a) For a continuous and intermittent HMIWI, 110 percent of the lowest 3-hour average charge rate measured during the most recent performance test demonstrating compliance with all applicable emission limits; or

(b) For a batch HMIWI, 110 percent of the lowest daily charge rate measured during the most recent performance test demonstrating compliance with all applicable emission limits.

(30) "Maximum design waste burning capacity" means:

(a) For an intermittent and continuous HMIWI, the waste burning capacity as determined by the following formula:

C = PV x 15,000/8,500 where:

(i) C = HMIWI capacity, pounds/hour

(ii) PV = primary chamber volume, cubic feet

(iii) 15,000 = primary chamber heat release rate factor, Btu/cubic foot/hour

(iv) 8,500 = standard waste heating value, Btu/pound;

(b) For a batch HMIWI, the waste burning capacity as determined by the following formula: C = PV x 4.5/8 where:

(i) C = HMIWI capacity, pounds/hour

(ii) PV = primary chamber volume, cubic feet

(iii) 4.5 = waste density, pounds/cubic foot

(iv) 8 = typical hours of operation of a batch HMIWI, hours.

(31) "Maximum fabric filter inlet temperature" means 110 percent of the lowest 3-hour average temperature at the inlet to the fabric filter (taken, at a minimum, once every minute) measured during the most recent performance test demonstrating compliance with the dioxin/furan emission limit.

(32) "Maximum flue gas temperature" means 110 percent of the lowest 3-hour average temperature at the outlet from the wet scrubber (taken, at a minimum, once every minute) measured during the most recent performance test demonstrating compliance with the mercury (Hg) emission limit.

(33) "Medical, infectious waste" is defined at 40 CFR Part 60.51c, Subpart Ec.

(34) Medium HMIWI.

(a) "Medium HMIWI" means:

(i) An HMIWI that has a maximum design waste burning capacity of more than 200 pounds per hour, but less than or equal to 500 pounds per hour;

(ii) A continuous or intermittent HMIWI that has a maximum charge rate more than 200 pounds per hour, but less than or equal to 500 pounds per hour; or

(iii) A batch HMIWI that has a maximum charge rate more than 1,600 pounds per day, but less than or equal to 4,000 pounds per day.

(b) "Medium HMIWI" does not mean:

(i) A continuous or intermittent HMIWI whose maximum charge rate is less than or equal to 200 pounds per hour or more than 500 pounds per hour; or

(ii) A batch HMIWI that has a maximum charge rate more than 4,000 pounds per day or less than or equal to 1,600 pounds per day.

(35) "Minimum dioxin/furan sorbent flow rate" means 90 percent of the highest 3-hour average dioxin/furan sorbent flow rate (taken, at a minimum, once every hour) measured during the most recent performance test demonstrating compliance with the dioxin/furan emission limit.

(36) "Minimum Hg sorbent flow rate" means 90 percent of the highest 3-hour average Hg sorbent flow rate (taken, at a minimum, once every hour) measured during the most recent performance test demonstrating compliance with the Hg emission limit.

(37) "Minimum hydrogen chloride (HCl) sorbent flow rate" means 90 percent of the highest 3-hour average HCl sorbent flow rate (taken, at a minimum, once every hour) measured during the most recent performance test demonstrating compliance with the HCl emission limit.

(38) "Minimum horsepower or amperage" means 90 percent of the highest 3-hour average horsepower or amperage to the wet scrubber (taken, at a minimum, once every minute) measured during the most recent performance test demonstrating compliance with the applicable emission limits.

(39) "Minimum pressure drop across the wet scrubber" means 90 percent of the highest 3-hour average pressure drop across the wet scrubber PM control device (taken, at a minimum, once every minute) measured during the most recent performance test demonstrating compliance with the PM emission limit.

(40) "Minimum reagent flow rate" means 90 percent of the highest 3-hour average reagent flow rate at the inlet to the selective noncatalytic reduction technology (taken, at a minimum, once every minute) measured during the most recent performance test demonstrating compliance with the NO_x emissions limit.

(40-1) "Minimum scrubber liquor flow rate" means 90 percent of the highest 3-hour average liquor flow rate at the inlet to the wet scrubber (taken, at a minimum, once every minute) measured during the most recent performance test demonstrating compliance with all applicable emission limits.

(41) "Minimum scrubber liquor pH" means 90 percent of the highest 3-hour average liquor pH at the inlet to the wet scrubber (taken, at a minimum, once every minute) measured during the most recent performance test demonstrating compliance with the HCl emission limit.

(42) "Minimum secondary chamber temperature" means 90 percent of the highest 3-hour average secondary chamber temperature (taken, at a minimum, once every minute) measured during the most recent performance test demonstrating compliance with the PM, CO, and dioxin/furan emission limits.

(43) "Modification or modified HMIWI" is defined at 40 CFR § 60.51c.

(44) Municipal Solid Waste.

(a) "Municipal solid waste (MSW)" means municipal-type solid waste as defined in 40 CFR Part 60, Subpart Eb (Standards of Performance for Municipal Waste Combustors) as amended, which is incorporated by reference.

(b) "Municipal solid waste" does not include special medical waste.

(45) "Municipal waste combustor (MWC)" means an incinerator that burns only municipal solid waste.

(46) "Operating day" means a 24-hour period beginning midnight of one day and ending the following midnight, or an alternate 24-hour period approved by the Department, during which combusted at any time in the HMIWI time an installation consumes fuel or causes emissions.

(47) "Operation" means the period during which waste is combusted in the incinerator excluding periods of startup or shutdown.

(48) "Particulate matter (PM)" means the total particulate matter emitted from an HMIWI as measured by EPA Reference Method 5 or EPA Reference Method 29.

(49) "Pathological waste" means waste material consisting of only human or animal remains, anatomical parts or tissue, the bags or containers used to collect and transport the waste material, and animal bedding (if applicable).

(50) "Primary chamber" means the chamber in an HMIWI that receives waste material, in which the waste is ignited, and from which ash is removed.

(51) "Pyrolysis" means the endothermic gasification of hospital, medical, or infectious waste, or a combination of hospital, medical, and infectious waste using external energy.

(52) "Secondary chamber" means a component of the HMIWI that receives combustion gases from the primary chamber and in which the combustion process is completed.

(53) "Sewage sludge" means a waste containing accumulated semiliquid suspension, settled solids, or dried residue of these solids from sewage in a waste water treatment plant.

(54) Shutdown.

(a) "Shutdown" means the period of time after all waste has been combusted in the primary chamber.

(b) "Shutdown" for a continuous HMIWI commences not less than 2 hours after the last charge to the incinerator.

(c) "Shutdown" for an intermittent HMIWI commences not less than 4 hours after the last charge to the incinerator.

(d) "Shutdown" for a batch HMIWI commences not less than 5 hours after the high-air phase of combustion has been completed.

(e) "Shutdown" for the Montgomery County Resource Recovery Facility commences 30 minutes after the chute to the loading hopper of the combustion train is closed and ends no later than 3 hours thereafter.

(f) "Shutdown" for the Wheelabrator Baltimore Inc. facility commences 30 minutes after municipal solid waste feed to the loading hopper has ceased and ends no later than 3 hours thereafter.

(55) Small HMIWI.

(a) "Small HMIWI" means:

(i) An HMIWI that has a maximum design waste burning capacity less than or equal to 200 pounds per hour;

(ii) A continuous or intermittent HMIWI that has a maximum charge rate less than or equal to 200 pounds per hour; or

(iii) A batch HMIWI that has a maximum charge rate less than or equal to 1,600 pounds per day.

(b) "Small HMIWI" does not mean:

(i) A continuous or intermittent HMIWI that has a maximum charge rate more than 200 pounds per hour; or

(ii) A batch HMIWI that has a maximum charge rate more than 1,600 pounds per day.

(55-1) "Small MWC" means a municipal waste combustor which has a capacity of at least 35 tons and less than or equal to 250 tons per day.

(56) "Small rural area HMIWI" means a small HMIWI that is located more than 50 miles from the boundary of the nearest standard metropolitan statistical area and which burns less than 2,000 pounds per week of hospital, medical, and infectious waste (excluding those wastes burned during performance tests).

(57) Special medical waste.

(a) "Special medical waste" means:

(i) Any combination of organic and inorganic liquid or solid waste as defined in COMAR 26.13.11; or

(ii) Hospital general waste, when burned in conjunction with special medical waste generated at that hospital.

(b) "Special medical waste" includes hospital, medical, and infectious waste.

(58) "Standard conditions" means a temperature of 20°C and a pressure of 101.3 kilopascals.

(59) "Standard metropolitan statistical area (SMSA)" means any area listed in OMB Bulletin No. 93-17 entitled "Revised Statistical Definitions for Metropolitan Areas" dated June 30, 1993.

(60) Startup.

(a) "Startup" means the period of time between the activation of the system and the first charge to the unit.

(b) "Startup" for a batch HMIWI means the period of time between activation of the system and ignition of the waste.

(c) "Startup" for a Large MWC commences when the unit begins the continuous burning of municipal solid waste and continues for a period of time not to exceed 3 hours, but does not include any warm-up period when the particular unit is combusting fossil fuel or other non-municipal solid waste fuel, and no municipal solid waste is being fed to the combustor.

(61) 30-day rolling average emission rate means a value of NO_x emissions in ppmv, corrected to 7 percent oxygen, calculated by:

(a) Summing the total hourly ppmv of NO_x averages emitted from the unit during the current operating day and all hourly NO_x ppmv averages for the previous 29 operating days, excluding periods of warm-up, startup, and shutdown; and

(b) Dividing the total hourly ppmv of NO_x emitted from the unit during the 30 operating days summed in §B(61)(a) of this regulation by the total number of hourly averages in the 30-day period.

(62) 24-hour block average emission rate means a value of NO_x emissions in ppmv, corrected to 7 percent oxygen, calculated by:

(a) Summing the hourly average ppmv of NO_x emitted from the unit during 24 hours between midnight of one day and ending the following midnight, excluding periods of warm-up, startup, and shutdown; and

(b) Dividing the total sum of hourly NO_x ppmv values emitted during 24 hours between midnight of one day and ending the following midnight by 24, excluding periods of warm-up, startup, and shutdown.

(63) Warm-up period means a period of time that:

(a) Commences when a unit at a Large MWC is combusting fossil fuel or other nonmunicipal solid waste fuel, and no municipal solid waste is being fed to the combustor; and

(b) Ends for a unit at a Large MWC when municipal solid waste is being fed to the combustor.

(64) "Wet scrubber" means an add-on air pollution control device that utilizes an alkaline scrubbing liquor to collect particulate matter (including nonvaporous metals and condensed organics) or to absorb and neutralize acid gases, or both.

Md. Code Regs. 26.11.08.01

Regulations .01B, and .01D adopted effective March 25, 1984 (11:3 Md. R. 202)
Regulations .01C amended effective June 8, 1981 (8:9 Md. R. 800)
Regulations .01 amended effective December 3, 1984 (11:22 Md. R. 1899)
Regulation .01 amended effective December 2, 1988 (15:22 Md. R. 2556); April 22, 1991 (18:6 Md. R. 689); November 23, 1992 (19:23 Md. R. 2042); November 17, 1997 (24:23 Md. R. 1612)
Regulation .01B amended effective April 17, 2000 (27:7 Md. R. 707); September 12, 2005 (32:18 Md. R. 1522); October 8, 2007 (34:20 Md. R. 1741); April 2, 2012 (39:6 Md. R. 411); amended effective 43:3 Md. R. 273, eff.2/15/2016; amended effective 45:24 Md. R. 1163, eff. 12/6/2018; amended effective 47:9 Md. R. 476, eff. 5/4/2020