Md. Code Regs. 26.11.08.08 – Requirements for an Existing Large MWC with a Capacity Greater Than 250 Tons Per Day.

A. Emission Standards and General Requirements.

(1) A person who owns or operates an existing large MWC subject to this regulation may not violate any of the emission standards or general requirements in §A(2) of this regulation after the compliance date in §§A and D of this regulation.

(2) Emission Standards and General Requirements.

Pollutant or Parameter	Emission Standards for a Large MWC	Performance and Compliance Test Requirements
Carbon Monoxide*	100 ppmv - 4 hr block avg.	CEMS. Methods and procedures as specified in 40 CFR §60.58b(b) and 40 CFR §60.58b(i).
Dioxin/Furans*	Before April 28, 2009, 60 nanograms per dry standard cubic meter (total mass) for ESP-based control device and 30 nanograms per dry standard cubic meter (total mass) for non-ESP-based control device. On and after April 28, 2009, the emission limit for ESP-based control device is 35 nanograms per dry standard cubic meter and 30 nanograms per dry standard cubic meter for non ESP-based emission control system.	EPA Reference Method 23. Annual test except as provided in 40 CFR §60.58b(g)(5)(iii). Applicable test procedures and methods as specified in 40 CFR §60.58b(g). Certified continuous automated sampling option in lieu of a stack test as specified in 40 CFR 60.58b(g)(10).
Particulate Matter*	Before April 28, 2009, 0.012 grains per standard cubic feet dry, 27 milligrams per dry standard cubic meter. On and after April 28, 2009, 25 milligrams per dry standard cubic meter.	EPA Reference Method 5. Annual test methods and procedures as specified in 40 CFR §60.58b(c). Certified CEMS option in lieu of a stack test for monitoring PM emissions discharged to the atmosphere as specified in 40 CFR §60.58b(c)(10).
Opacity	10 percent opacity with COMS. Averaging time is 6 minutes.	EPA Reference Method 9 and COMS. Applicable test procedures and methods as specified in 40 CFR §60.58b(c). Quality assurance and quality control requirements are as in COMAR 26.11.31. Notwithstanding the requirements in COMAR 26.11.01.10B(6)(a)—(c), the Department may determine compliance and non-compliance with the visible emission limitations by performing EPA reference Method 9 observations based on a 6 minute block average.
Cd (Cadmium)*	Before April 28, 2009, 40 micrograms per dry standard cubic meter. On and after April 28, 2009, 35 micrograms per dry standard cubic meter.	EPA Reference Method 29. Annual test except as provided in 40 CFR §60.58b(d). Applicable test procedures and methods as specified in 40 CFR §60.58b(d). Certified CEMS option in lieu of a stack test as specified in 40 CFR §60.58b(d)(3) and 60.58(n).
Pb(Lead)*	Before April 28,2009, 440 micrograms per dry standard cubic meter. On and after April 28, 2009, 400 micrograms per dry standard cubic meter.	EPA Reference Method 29. Annual test except as provided in 40 CFR §60.58b(d). Applicable test procedures and methods as specified in 40 CFR §60.58b(d). Certified CEMS option in lieu of a stack test as specified in 40 CFR §60.58b(d)(3) and 60.58(n).
Hg (Mercury)*	Before April 28,2009, 80 micrograms per dry standard cubic meter or 85 percent reduction by weight, whichever is less restrictive. On and after April 28, 2009, 50 micrograms per dry standard cubic meter or 85 percent reduction by weight, whichever is less restrictive.	EPA Reference Method 29. Annual test except as provided in 40 CFR §60.58b(d) and (m). Applicable test procedures and methods as provided in 40 CFR §60.58b(d). Certified CEMS option in lieu of a stack test as specified in 40 CFR §60.58b(d)(4) and 60.58(n).
SO₂Sulfur Dioxide)*	29 ppmv—24-hr geometric mean or 75 percent reduction, whichever is less restrictive.	CEMS. Applicable test procedures and methods as specified in 40 CFR §60.58b(e).
HCl (Hydrogen Chloride)*	29 ppmv or 95 percent reduction, whichever is less restrictive	EPA Reference Method 26. Annual test except as provided in 40 CFR §60.58b(f). Applicable test procedures and methods as provided in 40 CFR §60.58b(f). Certified CEMS option in lieu of a stack test as specified in 40 CFR §60.58b(f)(8) and 60.58(n).
NO_x (Oxides of Nitrogen)*	205 ppmv 24-hr arithmetic average. Mass burn refractory MWC is exempt.	CEMS (only for sources to which an emission standard applies). Applicable test procedures and methods as provided in 40 CFR §60.58b(h).
Load	Not to exceed 110 percent of maximum load during most recent dioxin/furan performance test.	Continuous monitoring.— 4-hr block arithmetic average steam load. Applicable test procedures and methods are as provided in 40 CFR §60.58b(i).
Temperature	The maximum particulate matter control device inlet temperature must not exceed by more than 17°C the temperature during the most recent dioxin/furan test demonstrating compliance.	Continuous monitoring. The temperature shall be calculated in 4-hr block arithmetic averages. Applicable test procedures and methods are as provided in 40 CFR §60.58b(i) and exemptions in 40 CFR §60.53b(c).
Fugitive Ash Emissions	Visible emissions less than 5 percent of the observation period (i.e., 9 minutes per 3-hour period) during ash transfer.	EPA Reference Method 22 observations as specified in 40 CFR §60.58b(k). Annual test. The emission limit excludes visible emissions discharged inside buildings or enclosures of ash-conveying systems during maintenance and repair of ash-conveying systems as specified in 40 CFR §60.55b.

(3) The standards in §A(2) of this regulation apply at all times except during periods of startup, shutdown, or malfunction as provided in 40 CFR §60.58b(a).

* Corrected to 7 percent oxygen on dry basis. If a CO₂ monitor is selected as the dilutent monitor it must meet the requirements of 40CFR §60.58b(b)(6).

B. Monitoring Requirements.
1. (1) A person who owns or operates an existing MWC subject to this regulation shall:
  1. (a) Install, calibrate, operate, and maintain continuous monitors for carbon monoxide, oxygen, opacity, oxides of nitrogen, and sulfur dioxide;
  2. (b) Locate monitors downstream of the final air pollution control device to measure concentrations of oxygen, oxides of nitrogen, sulfur dioxide, and opacity of the exhaust gases;
  3. (c) Install, operate, and maintain at a minimum, one temperature monitor to measure the temperature of the flue gas as it enters the particulate matter air pollution control device; and
  4. (d) Meet the specifications in §A(2) of this regulation if an alternative monitoring or sampling method of compliance is selected in lieu of a stack test.
2. (2) If the percent removal option is to be used to show compliance with §B(1)(b) of this regulation, sulfur dioxide and oxygen monitors shall also be located upstream of the pollution control device. Monitors shall be located at the combustor outlet exit to measure concentrations of carbon monoxide.
3. (3) The monitors required by §B(1)(a) and (b) of this regulation shall meet the installation, certification, reporting, record-keeping, and other requirements of COMAR 26.11.01.10, and 26.11.01.11, performance specifications in 40 CFR Part 60, Appendix B, the quality assurance procedures in 40 CFR Part 60, Appendix F, all requirements in 40 CFR §60.58b, COMAR 26.11.31.
4. (4) A person shall apply for and receive written approval from the Department before installing any of the monitors required in this chapter.
C. Reporting and Record-Keeping Requirements.
1. (1) A person who owns an existing MWC subject to this regulation shall report and maintain records in accordance with 40 CFR §60.59b of Subpart Eb, as applicable, except for the siting requirements under §60.59b(a), (b)(5), and (d)(11) of 40 CFR Part 60, Subpart Eb;
2. (2) Continuous monitoring data reduction and data availability shall be as prescribed in COMAR 26.11.01.10 and 26.11.01.11. If there is any inconsistency between COMAR 26.11.01.10 and 26.11.01.11 and 40 CFR 60, the requirements of 40 CFR 60 govern.
D. Compliance Schedule and Date.
1. (1) A person who owns or operates an existing large MWC subject to this chapter shall comply with the standards in §A(2) of this regulation, according to the applicable schedule in §D(2)—(6).
2. (2) A person who owns or operates an existing large MWC subject to this chapter and is not planning an extensive emission control system upgrade shall submit a plan by October 1, 2007, to the Department that describes the increments of progress to be achieved as follows:
  1. (a) Not later than December 1, 2007 — release purchase orders for initial testing and modifications;
  2. (b) Not later than April 1, 2008 — begin modification and testing of control systems;
  3. (c) Not later than September 1, 2008 — end modifications and debug system;
  4. (d) Not later than December 1, 2008 — submit stack test protocol and test schedule; and
  5. (e) On and after April 28, 2009 — achieve full compliance with the standards.
3. (3) A person who owns or operates an existing large MWC subject to this chapter and is planning an extensive emission control system upgrade shall submit a plan, containing an expeditious compliance schedule, for review and approval by the Department, that:
  1. (a) Describes the control method to be used to achieve compliance with the applicable requirements;
  2. (b) Includes a complete application for a permit to construct the control system and compliance schedule to the Department not later than September 1, 2008; and
  3. (c) If approved, includes in the compliance schedule a schedule which is no less stringent than the increments of progress in §D(4) of this regulation.
4. (4) The following increments of progress shall be achieved if an extensive emission control system upgrade is planned:
  1. (a) Not later than April 1, 2008 — complete control system and cost analysis;
  2. (b) Not later than December 1, 2008 — release purchase orders for the purchase of primary components;
  3. (c) Not later than April 1, 2009 — begin construction of control systems;
  4. (d) Not later than September 1, 2010 — end construction, startup and debug system;
  5. (e) Not later than December 1, 2010 — submit stack test protocol and test schedule; and
  6. (f) Not later than March 10, 2011 — achieve full compliance.
5. (5) The interim dates in §D(2) and (4) of this regulation may be delayed upon approval by the Department and the U.S. EPA if the compliance dates of April 28, 2009, and March 10, 2011, are met.
6. (6) An affected facility subject to the provisions in §D of this regulation shall demonstrate compliance with the emission standards and requirements using the test methods in §A(2) of this regulation within 180 days after start up of the new or modified control device.

Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, 2-301—2-303, 2-406, 10-102, and 10-103, Annotated Code of Maryland

Effective date: July 18, 1980 (7:12 Md. R. 1148)

Regulations .01B, .04A and B, and .05A and B amended; .01D and .06 adopted effective March 25, 1984 (11:3 Md. R. 202)

Regulations .01C, .03A, .04C, and .05A amended effective June 8, 1981 (8:9 Md. R. 800)

Regulations .01, .03, .04, and .05 amended effective December 3, 1984 (11:22 Md. R. 1899)

Regulation .05A amended effective January 18, 1982 (8:25 Md. R. 1995)

For the history of this subtitle before June 18, 1980, see the Administrative History of COMAR 26.11.01.

Chapter recodified from COMAR 10.18.08 to COMAR 26.11.08

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); February 15, 2016 (43:3 Md. R. 273); December 6, 2018 (45:24 Md. R. 1163); May 4, 2020 (47:9 Md. R. 476)

Regulation .02 amended effective December 2, 1988 (15:22 Md. R. 2556); November 17, 1997 (24:23 Md. R. 1612); December 6, 2018 (45:24 Md. R. 1163)

Regulation .02B amended effective November 23, 1992 (19:23 Md. R. 2042); September 12, 2005 (32:18 Md. R. 1522)

Regulation .02D, E amended effective October 8, 2007 (34:20 Md. R. 1741)

Regulation .02G amended effective April 17, 2000 (27:7 Md. R. 707)

Regulation .02H adopted effective April 17, 2000 (27:7 Md. R. 707)

Regulation .02I adopted effective April 2, 2012 (39:6 Md. R. 411)

Regulation .03 amended effective November 23, 1992 (19:23 Md. R. 2042)

Regulation .03C amended effective December 2, 1988 (15:22 Md. R. 2556); April 22, 1991 (18:6 Md. R. 689)

Regulation .04A amended effective November 23, 1992 (19:23 Md. R. 2042); April 17, 2000 (27:7 Md. R. 707); December 6, 2018 (45:24 Md. R. 1163)

Regulation .04C amended effective November 23, 1992 (19:23 Md. R. 2042); November 24, 2003 (30:23 Md. R. 1653)

Regulation .04D adopted effective February 15, 2016 (43:3 Md. R. 273)

Regulation .05 amended effective December 2, 1988 (15:22 Md. R. 2556); November 23, 1992 (19:23 Md. R. 2042); April 17, 2000 (27:7 Md. R. 707); September 12, 2005 (32:18 Md. R. 1522); December 6, 2018 (45:24 Md. R. 1163)

Regulation .05B amended effective April 22, 1991 (18:6 Md. R. 689)

Regulation .07 adopted effective December 2, 1988 (15:22 Md. R. 2556)

Regulation .07 amended effective November 23, 1992 (19:23 Md. R. 2042)

Regulation .07, Requirements for Certain Municipal Waste Combusters, renamed, Requirements for Municipal Waste Combustors with a Capacity of 35 Tons or Greater Per Day and Less Than or Equal To 250 Tons Per Day, effective February 15, 2016 (43:3 Md. R. 273)

Regulation .07A amended effective November 17, 1997 (24:23 Md. R. 1612)

Regulation .07D amended effective July 22, 1991 (18:13 Md. R. 1484)

Regulation .07E amended effective July 16, 1990 (17:11 Md. R. 1344); July 22, 1991 (18:13 Md. R. 1484); August 19, 1991 (18:16 Md. R. 1813); November 17, 1997 (24:23 Md. R. 1612)

Regulation .07 repealed and new Regulation .07 adopted effective September 12, 2005 (32:18 Md. R. 1522)

Regulation .07 amended effective December 6, 2018 (45:24 Md. R. 1163)

Regulation .08 adopted effective November 9, 1990 (17:19 Md. R. 2322); recodified to Regulation .09 and amended effective November 23, 1992 (19:23 Md. R. 2042)

Regulation .08 adopted effective November 23, 1992 (19:23 Md. R. 2042)

Regulation .08 repealed and new Regulation .08 adopted effective November 17, 1997 (24:23 Md. R. 1612)

Regulation .08 amended effective October 8, 2007 (34:20 Md. R. 1741); February 15, 2016 (43:3 Md. R. 273)

Regulation .08C, D amended effective September 7, 1998 (25:18 Md. R. 1438)

Regulation .08-1 adopted effective April 17, 2000 (27:7 Md. R. 707)

Regulation .08-1 repealed effective December 6, 2018 (45:24 Md. R. 1163)

Regulation .08-1A, B amended effective April 2, 2012 (39:6 Md. R. 411)

Regulation .08-2 adopted effective April 2, 2012 (39:6 Md. R. 411)

Regulation .08-2 amended effective December 6, 2018 (45:24 Md. R. 1163)

Regulation .08-2E amended as an emergency provision effective July 4, 2012 (39:17 Md. R. 1146); amended permanently effective November 26, 2012 (39:23 Md. R. 1533)

Regulation .09B, C amended effective April 17, 2000 (27:7 Md. R. 707)

Regulation .09D amended effective January 1, 1996 (22:26 Md. R. 2032)

Regulation .09F amended effective November 17, 1997 (24:23 Md. R. 1612)

Regulation .09H amended effective September 7, 1998 (25:18 Md. R. 1438)

Regulation .10 adopted effective November 23, 1992 (19:23 Md. R. 2042)

Regulation .10 repealed effective November 17, 1997 (24:23 Md. R. 1612)

Regulation .10 adopted effective December 6, 2018 (45:24 Md. R. 1163)

Regulation .10 amended effective May 4, 2020 (47:9 Md. R. 476)