Md. Code Regs. 26.11.08.09 – Incinerator Operator Training.

A. Applicability. This regulation applies to any person in this State who owns or operates an incinerator.
B. Certification and Operation. A person may not operate or allow an incinerator to be operated unless the owner certifies to the Department on a form provided by the Department that the incinerator operator:
1. (1) Has completed an initial training course approved by the Department which meets the requirements of §C or D of this regulation;
2. (2) Annually, after initial certification, completes a review course approved by the Department; and
3. (3) Is present at all times whenever the incinerator is in operation.
C. Training Course for Operators of Special Medical Waste or Industrial Waste Incinerators.
1. (1) For any incinerator operator who operates a special medical waste incinerator or an industrial waste incinerator, the training course shall be the “Hospital Incinerator Operator Training Course” Volumes I—III (EPA-450/3-89-003, EPA-450/3-89-004, and EPA-450/3-89-010, respectively), Control Technology Center, March 1989, which is incorporated by reference, and “Operation and Maintenance of Hospital Medical Waste Incinerators” (EPA-450/3-89-002), Control Technology Center, March 1989, which is incorporated by reference.
2. (2) For the operator of any special medical waste incinerator or an industrial waste incinerator, completing a training course means:
  1. (a) Completing an initial training course approved by the Department of at least 3 days (24 hours) duration; and
  2. (b) Passing a written test approved by the Department.
3. (3) The certified operator shall, after initial training, complete and pass an annual review course approved by the Department of at least 1 day (8 hours) duration.
4. (4) For an HMIWI subject to the requirements of this chapter, a person is qualified to operate an HMIWI if the person passes the training course required in §C(2) and (3) of this regulation and complies with the requirements in 40 CFR §60.53(c)(d).
5. (5) An owner or operator of an HMIWI shall maintain documentation of training (operator training manual) on site and update the documentation annually at the time of the annual review course. The documentation shall be as specified in 40 CFR §60.53c(h).
6. (6) The requirements of §C(5) of this regulation shall be effective March 1, 2001.
D. Training Course for Operators of Municipal Waste Combustors, Sewage Sludge Incinerators, and Hazardous Waste Incinerators.
1. (1) For any incinerator operator who operates a municipal waste combustor (MWC), sewage sludge incinerator (SSI), or hazardous waste incinerator (HWI), the training course shall address the following subjects in detail:
  1. (a) Overall operation, maintenance, and performance of the facility;
  2. (b) Start-up and shut-down of the facility;
  3. (c) Applicable federal, State, and local environmental regulations, and sanctions for violation;
  4. (d) Policies and procedures for proper and safe plant operations;
  5. (e) Maintaining records of facility operations;
  6. (f) Actions to correct upsets or emergencies;
  7. (g) Control room operations;
  8. (h) Ash handling and disposal;
  9. (i) Combustion theory;
  10. (j) Air pollution control technology; and
  11. (k) Continuous emission monitors and their calibration, and quality assurance requirements.
2. (2) For the operator of any municipal waste combustor (MWC) or hazardous waste incinerator (HWI), completing a training course means:
  1. (a) Completing an initial training course approved by the Department of at least 5 days (40 hours) duration; and
  2. (b) Passing a written test approved by the Department.
3. (3) For the operator of any sewage sludge incinerator (SSI), completing a training course means:
  1. (a) Completing an initial training course approved by the Department of at least 3 days (24 hours) duration; and
  2. (b) Passing a written test approved by the Department.
4. (4) The certified operator shall, after initial training, complete and pass an annual review course approved by the Department of at least 1 day (8 hours) duration.
E. Application for Approval of a Training Course.
1. (1) A person may apply for approval of a training course for operators of a special medical waste incinerator or an industrial waste incinerator by submitting a written application to the Department on a form provided by the Department.
2. (2) A person may apply for approval of a training course for operators of a municipal waste combustor, sewage sludge incinerator, or hazardous waste incinerator by submitting a written application to the Department and a copy of the training materials which meet the requirements of §D(1) of this regulation.
3. (3) The application shall include the following:
  1. (a) The names and qualifications of persons who will conduct the training and evaluate test results;
  2. (b) A description of the training facilities and equipment to be used in conducting the training;
  3. (c) A copy of the test to be administered; and
  4. (d) A description of the curriculum satisfying the requirements of §C(1) or D(1) of this regulation.
F. Action on an Application for a Training Course.
1. (1) The Department shall acknowledge receipt of an application for approval of a training course within 10 days after receiving the application.
2. (2) The Department shall act on an application within 60 days after the application is complete.
3. (3) The Department shall approve a training course if it meets the following:
  1. (a) The course substantially satisfies the course contents described in §C or D of this regulation and is updated annually;
  2. (b) The test to be administered is adequate to show that the operator is capable of operating an incinerator safely and properly;
  3. (c) The person who conducts the training course owns or has access to a classroom facility to conduct classroom training;
  4. (d) The applicant owns or has access to incineration equipment that is similar in design to the equipment for which operators will be trained;
  5. (e) The applicant provides staff that is experienced in training or teaching or experienced in organizing and coordinating technical training courses;
  6. (f) The applicant has direct knowledge of the principles of combustion and incineration or a similar technical field;
  7. (g) The applicant is familiar with the design, operation, and maintenance of air pollution control devices and equipment and instruments used to monitor air pollutants;
  8. (h) The applicant provides staff that is capable of conducting hands-on training and a staff that is familiar with incinerator design features and variability in design parameters; and
  9. (i) The applicant has the ability to evaluate test results and hands-on training to determine whether a person is adequately trained to operate an incinerator.
4. (4) The Department may deny or revoke approval of a training course under the following conditions:
  1. (a) The course does not substantially satisfy the required course contents;
  2. (b) The Department determines that the course instructors are not qualified to conduct the training; or
  3. (c) The documentation or other information provided by the applicant pertaining to training or testing is fraudulent.
G. Records and Notification. Within 10 days after training is complete, the person who conducts an approved incinerator operator training course shall:
1. (1) Notify the Department, in writing, of the names, employee identification numbers, and employer of those incinerator operators who have successfully completed the training course; and
2. (2) Provide a certificate to each incinerator operator who has satisfactorily completed the training course and has passed the required examination.
H. Operations and Maintenance Manual.
1. (1) The owner or operator of a large MWC as defined in Regulation .01B(5-1) of this chapter shall develop and maintain on-site an operations and maintenance manual that contains, at a minimum, all of the course content requirements in §D(1) of this regulation and in 40 CFR §60.54b(e).
2. (2) The operations and maintenance manual shall be updated annually.

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)