310 CMR 7.00
Appendix B(3) may be used to comply with the requirements contained in Table 3.
TABLE 3. NITROGEN OXIDES EMISSION LIMITS FOR LARGE
MUNICIPAL WASTE COMBUSTOR UNITS
Municipal Waste
Combustor Technology
NOx Emission Limit (Parts per million by volume)b
Averaging Timeb
Until one year after
issuance of ECP
approval under
310 CMR 7.08(2)(j))1.,
but no later than
March 9, 2020
Beginning one year after
issuance of ECP approval
under 310 CMR
7.08(2)(j)1., but no later
than March 10, 2020
Mass Burn Waterwall
24-hour
Refuse-derived Fuel Stoker
24-hour
a
Corrected to 7% oxygen, dry basis.
b
Averaging times are 24-hour daily arithmetic averages.
4. Nitrogen Oxides Emission Averaging Plan. A person subject to 310 CMR 7.08(2)
may elect to implement a nitrogen oxides emissions averaging plan for the units located
at the same municipal waste combustor plant. Municipal waste combustor units subject
to 40 CFR, Part 60, Subpart Ea or Eb shall not be included in the emissions averaging
plan. The units included in the nitrogen oxides emissions averaging plan must be
identified in the annual report specified in 310 CMR 7.08(2)(i), prior to implementing
the averaging plan. The units at the plant included in the averaging plan may be
redesignated each calendar year.
a. To implement an emissions averaging plan, the average daily (24-hour) nitrogen
oxides emission concentration level for gases discharged from units included in the
emissions averaging plan shall not exceed the limits specified in Table 4.
TABLE 4. NITROGEN OXIDES EMISSION LIMITS FOR UNITS INCLUDED
IN AN EMISSIONS AVERAGING PLAN
Municipal Waste Combustor
Technology
NOx Emission Limit
(Parts per million by volume)a
Averaging Timeb
Mass Burn Waterwall
24-hour
Refuse-derived Fuel Stoker
24-hour
a Corrected to 7% oxygen, dry basis.
b Averaging times are 24-hour daily arithmetic averages.
b. Under an emissions averaging plan, the average daily nitrogen oxides emission
limits specified in Table 4 shall be calculated using equation (1). Units that are
offline shall not be included in calculating the average daily nitrogen oxides emission
level.
h
Ó (NOxi)(Si)
Nox24-hr =
I=1
h
Ó (Si)
I=1
(1)
where:
Nox24-hr = 24-hour daily average nitrogen oxides emission concentration level for the
emissions averaging plan (ppmv, corrected to 7% oxygen).
Noxi = 24-hour daily average nitrogen oxides emission concentration level for unit i
(ppmv, corrected to 7% oxygen).
Si
=
maximum demonstrated municipal waste combustor unit load for unit i
(pounds per hour steam or feedwater flow as determined in the most recent
dioxin/furan performance test).
h
=
total number of units included in the daily emissions average.
c. For any day in which any unit included in an emissions averaging plan is offline,
the owner or operator of the municipal waste combustor plant must still demonstrate
compliance with the applicable limits specified in Table 4 according to either
310 CMR 7.08(2)(f)4.d., or 310 CMR 7.08(2)(f)4.e., f. and g.
d. Compliance with the applicable limits specified in Table 4 shall be demonstrated
using the averaging procedure specified in 310 CMR 7.08(2)(f)4.b.
5. Ammonia. No later than the dates specified in the emission control plan approval
issued by the Department under 310 CMR 7.08(2)(j), any person subject to 310 CMR
7.08(2) utilizing ammonia or urea for NOx control shall:
a. conduct ammonia optimization testing;
b. submit a report to the Department correlating NOx emissions and ammonia slip;
c. propose an ammonia emissions limit that the Department will review and may
modify before incorporating in the unit's approval, pursuant to the procedures in
310 CMR 7.08(2)(j)7.; and
d. if using an ammonia continuous emission monitoring system to demonstrate
compliance, obtain, at a minimum, valid hourly averages based on at least two data
points per hour, for at least 90% of the operating hours per calendar quarter and 95%
of the operating hours per calendar year that the affected facility is combusting
municipal solid waste.
6. Fugitive Ash. No person subject to 310 CMR 7.08(2) shall cause, suffer, allow or
permit the discharge into the atmosphere of any visible emissions of combustion ash
from an ash conveying system (including transfer points) in excess of 5% of the
observation period (nine minutes per three-hour period). This emission limit does not
cover visible emissions discharged inside buildings or enclosures of ash conveying
systems; however the emission limit does apply to visible emissions discharged to the
atmosphere from buildings or enclosures of ash conveying systems. 310 CMR
7.08(2)(f)6. does not apply during maintenance and repair of ash conveying systems.
Maintenance and repair of the ash conveying systems must be done in accordance with
best management practices.
7. Operator Training and Certification. Any person subject to 310 CMR 7.08(2) shall
implement the following municipal waste combustor operator training and certification
requirements.
a. shall have each chief facility operator and shift supervisor obtain and maintain an
Operator Certificate issued by the American Society of Mechanical Engineers
(ASME).
b. shall not allow the municipal waste combustor unit to be operated at any time
unless one of the following persons is on duty: A chief facility operator or a shift
supervisor who has obtained an Operator Certificate. (A Provisional Certificate is
acceptable provided the shift supervisor is scheduled to obtain an Operator Certificate
in accordance with 310 CMR 7.08(2)(f). A provisionally certified operator who is
newly promoted or recently transferred to a shift supervisor position or a chief facility
operator position at the municipal waste combustion unit may perform the duties of
the certified chief facility operator or certified shift supervisor without notice to, or
approval by, the Department for up to six months before taking the ASME QRO
certification exam.) If one of the persons listed above must leave the municipal
waste combustor plant during his or her operating shift, a provisionally certified
control room operator who is onsite at the municipal waste combustor plant may
fulfill these requirements. Depending on the length of time that a certified chief
facility operator and certified shift supervisor are away, the owner or operator of the
affected facility must meet the following criteria:
i. When the certified chief facility operator and certified shift supervisor are
both off site for 12 hours or less, and no other certified operator is on site, the
provisionally certified control room operator may perform the duties of the
certified chief facility operator or certified shift supervisor.
ii. When the certified chief facility operator and certified shift supervisor are off
site for more than 12 hours, but for two weeks or less, and no other certified
operator is on site, the provisionally certified control room operator may perform
the duties of the certified chief facility operator or certified shift supervisor
without notice to, or approval by, the Department. However, the owner or
operator of the affected facility must record the period when the certified chief
facility operator and certified shift supervisor are off-site and include that
information in the annual report as specified under 310 CMR 7.08(2)(i)1.h.
iii. When the certified chief facility operator and certified shift supervisor are
off site for more than two weeks, and no other certified operator is on site, the
provisionally certified control room operator may perform the duties of the
certified chief facility operator or certified shift supervisor without approval by
the Department. However, the owner or operator of the affected facility shall
notify the Department in writing no later than three working days after the two
week period. This initial notification shall state the cause of the absence and the
actions that are being taken by the owner or operator of the facility to ensure that
a certified chief facility operator or certified shift supervisor is on site as
expeditiously as practicable.
iv. When the certified chief facility operator and certified shift supervisor are off
site for more than two weeks, and no other certified operator is on site, the owner
or operator of the affected facility shall submit a status report and corrective
action summary to the Department every four weeks, beginning four weeks
following the initial notification, demonstrating that a good faith effort is being
made to ensure that a certified chief facility operator or certified control room
shift supervisor is on site. If the Department provides notice that the status report
or corrective action summary is disapproved, the municipal waste combustion
unit may continue operation for 90 days, but then must cease operation. If
corrective actions are taken in the 90-day period such that the Department
withdraws the disapproval, municipal waste combustion unit operation may
continue.
c. shall have all chief facility operators, shift supervisors, and control room
operators who have not obtained an Operator Certificate from ASME complete the
National Technical Information Service - “EPA Municipal Waste Combustor
Operating Course.”
d. shall establish a training program to review the operating manual with each
person who has responsibilities affecting the operation of an affected municipal waste
combustor unit including, but not limited to, chief facility operators, shift
supervisors, control room operators, ash handlers, maintenance personnel, and
crane/load handlers. The operating manual shall address at a minimum the following:
i. A summary of all the applicable requirements in 310 CMR 7.08(2);
ii. Basic combustion theory applicable to a municipal waste combustor unit;
iii. Procedures for receiving, handling, and feeding municipal solid waste;
iv. Municipal waste combustor unit startup, shutdown, and malfunction
procedures;
v. Procedures for maintaining proper combustion air supply levels;
vi. Procedures for operating the municipal waste combustor unit within the
requirements established under 310 CMR 7.08(2);
vii. Procedures for responding to periodic upset or off-specification conditions;
viii. Procedures for minimizing particulate matter carryover;
ix. Procedures for handling ash;
x. Procedures for monitoring municipal waste combustor unit emissions; and
xi. Reporting and recordkeeping procedures.
e. shall make available to the Department for inspection upon request all the
operating manual and records of training.
f. shall be in compliance with all training and certification requirements specified
in 310 CMR 7.08(2)(f)7. by six months after the date of start up or August 21, 1999.
whichever is later.
8. Materials Separation Plan.
a. within six months from the date that a Material Separation Plan Guidance
Document (“guidance document”) is provided by the Department, any person subject
to 310 CMR 7.08(2) shall submit a materials separation plan for the removal of
mercury-bearing products or other specific toxic components or toxic precursors as
designated by the Department pursuant to 310 CMR 7.08(2)(f)8.e. The material
separation plan shall be developed in accordance with the guidance document and
shall detail the minimum requirements for compliance with the materials separation
plan.
b. Upon Department draft approval of the materials separation plan, the Department
shall publish a notice of public comment in accordance with M.G.L. c. 30A detailing
the proposed materials separation plan. The Department shall allow for a 30-day
public comment period following the published notice. The Department will approve
or deny the materials separation plan after the close of the public comment period.
Following Department approval of the materials separation plan, the person subject
to 310 CMR 7.08(2) must implement the materials separation plan.
c. Prior to the implementation of the materials separation plan, the person subject
to 310 CMR 7.08(2) shall determine the uncontrolled mercury concentration in the
flue gas for four consecutive quarters. The Department may require subsequent
testing.
d. One year following the date of implementation of the materials separation plan
and every year after, the person subject to 310 CMR 7.08(2) shall submit a progress
report to the Department documenting the effective implementation of the materials
separation plan. The Department may require modifications to the materials
separation plan if necessary.
e. The Department may require that material separation plans address other specific
toxic components or toxic precursors, provided that the Department first conducts a
formal rulemaking pursuant to M.G.L. c. 30A to require persons subject to 310 CMR
7.08(2) to add such other toxic component or precursor to the material separation
plan.
(g) Compliance and Performance Testing. Any person subject to 310 CMR 7.08(2) shall
comply with the provisions of 40 CFR 60.58b: Compliance and Performance Testing, as last
amended May 10, 2006, the provisions of which are hereby incorporated by reference.
Compliance with the applicable requirements as set forth in 310 CMR 7.08(2)(f) shall be
determined in accordance with 40 CFR 60.58b, except as provided under 310 CMR
7.08(2)(g)1., 2., 3., 5. and 6. The initial performance test must be completed within 180 days
after the final compliance date.
1. Dioxin/Furan. Following the date of the initial performance test for dioxin/furans,
any person subject to 310 CMR 7.08(2) shall conduct compliance tests for dioxin/furan
emissions according to one of the schedules specified in 310 CMR 7.08(2)(g)1.a. through
e.:
a. Following the date of the initial performance test, compliance testing for
dioxin/furan emissions shall be conducted on all municipal waste combustor unit(s)
on a nine-month basis; or
b. For municipal waste combustor unit(s) where all compliance tests for all unit(s)
over a 27 month period indicate that dioxin/furan emissions are less than or equal to
seven nanograms per dry standard cubic meter total mass (ng/dscm), corrected to 7%
oxygen, the person subject to 310 CMR 7.08(2) may elect to conduct compliance
tests for one unit every nine months. At a minimum, a compliance test for
dioxin/furan emissions shall be conducted every nine months following the previous
compliance test for one unit at the municipal waste combustor plant. Every nine
months a different unit at the municipal waste combustor plant shall be tested, and
the units at the plant shall be tested in sequence (e.g., unit 1, unit 2, unit 3, as
applicable). The person subject to 310 CMR 7.08(2) may continue to conduct
compliance testing on only one unit per nine-month basis so long as the dioxin/furan
emission limits remain less than or equal to 7 ng/dscm @ 7% 02. If any nine-month
compliance test indicates dioxin/furan emissions greater than the specified limit,
compliance tests shall thereafter be conducted on all units at the plant every nine
months until and unless all nine-month compliance test for all units at the plant over
a 27-month period indicate dioxin/furan emissions less than or equal to the 7 ng/dscm
@ 7% O2.
c. Any person subject to 310 CMR 7.08(2) who elects to follow the compliance
testing schedule specified in 310 CMR 7.08(2)(g)l.b., shall follow the procedures
specified in 310 CMR 7.08(2)(i)1. for reporting the selection of this schedule.
d. Municipal waste combustor units where carbon injection (or equivalent) is used
to comply with the dioxin/furan emission limits specified in 310 CMR 7.08(2)(f)2.
or the dioxin/furan emission limit specified in 310 CMR 7.08(2)(g)l.b. shall follow
the procedures specified in 40 CFR 60.58b(m) as last amended May 10, 2006, for
measuring and calculating the eight-hour block average carbon (or equivalent) usage
rate.
e. Any person subject to 310 CMR 7.08(2) electing continuous automated sampling
of dioxin/furan emissions as an alternative to manual reference method sampling
shall comply with the provisions of 40 CFR 60.58b(g)(10), 40 CFR 60.58b(p) and
40 CFR 60.58b(q), as last amended May 10, 2006.
2. Mercury. Following the date that the initial performance test for mercury is
completed, compliance testing for mercury shall be conducted on all municipal waste
combustor unit(s) on a quarterly basis. Compliance with the emissions limit specified in
310 CMR 7.08(2)(f)2. shall be based on the average of four quarterly compliance tests
per rolling 12 months but shall not exceed 0.050 mg/dscm in any quarterly test. If
compliance with the mercury emission limit has been achieved in each quarter for eight
consecutive quarters, then the person subject to 310 CMR 7.08(2) may elect to perform
compliance testing on a nine-month basis. Any municipal waste combustor unit(s) which
cannot achieve compliance with the emission limitation in 310 CMR 7.08(2)(f)2. during
the nine-month compliance test shall resume quarterly compliance testing as specified
in 310 CMR 7.08(2)(g)2. Any person subject to 310 CMR 7.08(2) electing continuous
monitoring of mercury emissions as an alternative to manual reference method sampling
shall comply with the provisions of 40 CFR 60.58b(d)(4), 40 CFR 60.58b(n) and 40 CFR
60.58b(o) as last amended May 10, 2006. Any person subject to 310 CMR 7.08(2)
electing continuous automated sampling of mercury emissions as an alternative to
manual reference method sampling shall comply with the provisions of 40 CFR
60.58b(d)(4), 40 CFR 60.58b(p) and 40 CFR 60.58b(q) as last amended May 10, 2006.
3. Optimization Testing. Municipal waste combustor unit(s) which employ a carbon
injection (or equivalent) mercury emission control system shall conduct optimization
tests. These tests will determine the optimum feed rate for the mercury emissions control
apparatus by determining the carbon (or equivalent) feed rate at which the emissions of
mercury are equal to or less than the applicable limit at 310 CMR 7.08(2)(f)2. The
optimization test shall be conducted as follows:
a. The optimization tests shall be performed during the initial performance test, after
a change in carbon (or equivalent), upon request by the Department, upon request by
the person subject to 310 CMR 7.08(2) or annually if required under 310 CMR
7.08(2)(g)4.
b. If there are identical municipal waste combustor units at the municipal waste
combustor plant, then optimization tests may be performed on one unit, and the
resulting parameters applied to the other unit(s) which are identical to that unit at that
plant.
c. Within 30 calendar days of the conclusion of any optimization test, any person
subject to 310 CMR 7.08(2) shall submit to the Department for approval a proposed
optimized carbon (or equivalent) feed rate which minimizes mercury emissions. An
approvable feed rate is the feed rate such that a higher feed rate achieves insignificant
additional reductions in mercury emissions compared to the amount of carbon (or
equivalent) added. The carbon (or equivalent) feed rate approved by the Department
shall be used to operate the carbon injection (or equivalent) mercury control system
until the next optimization test is performed and the feed rate approved.
d. Any person owning or operating a municipal waste combustor unit where carbon
injection (or equivalent) is used to comply with the mercury emission limits specified
in 310 CMR 7.08(2)(f)2. or 310 CMR 7.08(2)(g)2. shall follow the procedures
specified in 40 CFR 60.58b(m) as last amended May 10, 2006, for measuring and
calculating the eight-hour block average carbon (or equivalent) usage rate.
4. (Reserved).
5. Continuous Emissions Monitoring Systems Data.
a. (Reserved)
b. Carbon monoxide CEMS in accordance with 40 CFR Part 60: Appendix B,
Performance Specification 4 will satisfy the requirements in 310 CMR 7.08(2)(g).
6. Compliance Testing Schedule. Any person subject to 310 CMR 7.08(2) shall
conduct compliance testing for all designated pollutants every nine months for each
municipal waste combustor unit(s). Compliance testing for dioxin/furan and mercury
shall be as specified in 310 CMR 7.08(2)(g)1. and 2.
7. Continuous Emissions Monitoring for Particulate Matter. In place of particulate
matter testing with EPA Reference Method 5, any person subject to 310 CMR 7.08(2)
may elect to install, calibrate, maintain, and operate a continuous emission monitoring
system for monitoring particulate matter emissions discharged to the atmosphere and
record the output of the system. Any person subject to 310 CMR 7.08(2) who elects to
continuously monitor particulate matter emissions in place of testing shall comply with
the requirements specified in 40 CFR 60.58b(c)(10)(i) through (xiv) as last amended
May 10, 2006. Any person subject to 310 CMR 7.08(2) who elects to continuously
monitor particulate matter emissions in place of testing is not required to complete
performance testing for particulate matter and is not required to continuously monitor
opacity as specified in 40 CFR 60.58b(c)(9) and (c)(8) as last amended May 10, 2006.
8. Continuous Emissions Monitoring for Cadmium and Lead. In place of cadmium and
lead testing with EPA Reference Method 29, any person subject to 310 CMR 7.08(2)
may elect to install, calibrate, maintain, and operate a continuous emission monitoring
system for monitoring cadmium and lead emissions discharged to the atmosphere and
record the output of the system according to the provisions of 40 CFR 60.58b(n) and (o)
as last amended May 10, 2006.
9. Continuous Emissions Monitoring for Hydrogen Chloride. In place of hydrogen
chloride testing with EPA Reference Method 26 or 26A, any person subject to 310 CMR
7.08(2) may elect to install, calibrate, maintain, and operate a continuous emission
monitoring system for monitoring hydrogen chloride emissions discharged to the
atmosphere and record the output of the system according to the provisions of 40 CFR
60.58b(n) and (o) as last amended May 10, 2006.
(h) Recordkeeping. Any person subject to 310 CMR 7.08(2) shall comply with the
recordkeeping requirements of 40 CFR 60.59b(d) as last amended May 10, 2006, the
provisions of which are hereby incorporated by reference, and maintain records including,
but not limited to, the information specified in 310 CMR 7.08(2)(h), as applicable, for each
municipal waste combustor unit. All records shall be retained at the facility for at least five
years.
1. The calendar date of each record.
2. The emission concentrations and operating parameters measured using continuous
monitoring systems. The measurements specified below shall be recorded and shall be
available for submittal to the Department or for onsite review by an inspector:
a. All six-minute average opacity levels as specified under 40 CFR 60.58b(c) as last
amended May 10, 2006, including the highest level measured.
b. All one hour average sulfur dioxide emission concentrations as specified under
40 CFR 60.58b(e) as last amended May 10, 2006.
c. All one hour average nitrogen oxides emission concentrations as specified under
40 CFR 60.58b(h) as last amended May 10, 2006.
d. All one hour average carbon monoxide emission concentrations, municipal waste
combustor unit load measurements, and particulate matter control device inlet
temperatures as specified under 40 CFR 60.58b(i) as last amended May 10, 2006.
e. All 24-hour daily geometric average sulfur dioxide emission concentrations and
all 24-hour daily geometric average percent reductions in sulfur dioxide emissions
as applicable, as specified under 40 CFR 60.58b(e) as last amended May 10, 2006,
including the highest sulfur dioxide emission concentration level recorded.
f. All 24-hour daily arithmetic average nitrogen oxides emission concentrations, as
specified under 40 CFR 60.58b(h) as last amended May 10, 2006, including the
highest level recorded.
g. All four-hour block or 24-hour daily arithmetic average carbon monoxide
emission concentrations, as applicable, as specified under 40 CFR 60.58b(I) as last
amended May 10, 2006, including the highest level recorded.
h. All four-hour block arithmetic average municipal waste combustor unit load
levels and particulate matter control device inlet temperature, as specified under
40 CFR 60.58b(i) as last amended May 10, 2006, including the highest level
recorded.
i. As applicable, all one hour average and 24-hour daily (block) average particulate
matter emissions concentrations, as specified under 40 CFR 60.58b(c) as last
amended May 10, 2006, including the highest level recorded.
j. As applicable, all one hour average and 24-hour daily arithmetic average mercury,
cadmium, lead or hydrogen chloride emissions concentrations, as specified under
40 CFR 60.58b(n), as last amended May 10, 2006, including the highest level
recorded.
k. As applicable, all integrated two-week dioxin/furan and integrated 24-hour
mercury emissions concentrations, as specified under 40 CFR 60.58b(p), as last
amended May 10, 2006, including the highest level recorded.
3. Identification of the calendar dates when any of the average emission concentrations
or emission percent reductions, opacity levels, or operating parameters recorded under
310 CMR 7.08(2)(h)2. exceed the applicable limits, with detailed specific reasons for
such exceedances and a description of corrective actions taken.
4. For municipal waste combustor unites) that apply carbon (or equivalent) for mercury
or dioxin/furan control, the following records:
a. The average carbon (or equivalent) mass feed rate (in lbs/hr) estimated as
required under 40 CFR 60.58b(m)(1)(i) as last amended May 10, 2006, during the
initial mercury performance test and all subsequent mercury compliance tests, with
supporting calculations.
b. The average carbon (or equivalent) mass feed rate (in lbs/hr) estimated for each
hour of operation as required under 40 CFR 60.58b(m)(1)(ii) as last amended
May 10, 2006, during the initial dioxin/furan performance test and all subsequent
dioxin/furan compliance tests, with supporting calculations.
c. The average carbon (or equivalent) mass feed rate (in lbs/hr) estimated for each
hour of operation as required under 40 CFR 60.58b(m)(3)(ii) as last amended
May 10, 2006, with supporting calculations.
d. The total carbon (or equivalent) usage for each calendar quarter estimated as
specified under 40 CFR 60.58b(m)(3) as last amended May 10, 2006, with supporting
calculations.
e. The carbon (or equivalent) injection system operating parameter data for the
parameter(s) that are the primary indicator(s) of carbon (or equivalent) feed rate,
calculated as specified in 40 CFR 60.58b(m)(2) as last amended May 10, 2006.
5. Identification of the calendar dates and time penods for which the minimum number
of hours of any of the data specified below have not been obtained, including reasons for
not obtaining sufficient data and a description of corrective actions taken:
a. Sulfur dioxide emissions data.
b. Nitrogen oxides emissions data.
c. Carbon monoxide emissions data.
d. Municipal waste combustor unit load data, including particulate matter control
device inlet temperature data.
e. For any person subject to 310 CMR 7.08(2) who elects to continuously monitor
particulate matter, cadmium, lead, mercury or hydrogen chloride emissions instead
of using EPA manual test methods, particulate matter, cadmium, lead, mercury or
hydrogen chloride emissions data.
f. For any person subject to 310 CMR 7.08(2) who elects to use continuous
automated sampling systems for dioxins/furans or mercury instead of EPA manual
test methods, dates and times when the sampling systems were not operating or were
not collecting a valid sample.
6. Identification of each occurrence that sulfur dioxide, nitrogen oxides and, as
applicable, particulate matter, cadmium, lead, mercury, hydrogen chloride or dioxin/furan
emissions data, or operational data (e.g., carbon monoxide emissions, unit load, and
particulate matter control device temperature) have been excluded from the calculation
of average emission concentrations or parameters, along with detailed and specific
reasons for excluding the data.
7. The results of daily drift tests and quarterly accuracy determinations for sulfur
dioxide, nitrogen oxides, and carbon monoxide continuous emission monitoring systems,
as required under 40 CFR, Part 60: Appendix F, Procedure 1. For any person who elects
to continuously monitor or sample instead of using EPA manual test methods, the results
of daily drift tests and quarterly accuracy determinations for particulate matter as required
under 40 CFR 60: Appendix F, Procedure 2, the results of all quality evaluations, such
as daily drift tests and periodic accuracy determinations for cadmium, lead, mercury or
hydrogen chloride, specified in the approved site-specific performance evaluation test
plan required by 40 CFR 60.58b(o)(5) as last amended May 10, 2006, and all continuous
automated dioxin/furan or mercury sampling systems quality evaluations specified in the
approved site-specific performance evaluation test plan required by 40 CFR 60.58b(q)(5)
as last amended May 10, 2006.
8. Identification of each occurrence of a start-up, shut-down or malfunction, including
the specific reasons for each occurrence, date, time, and unit involved. Average
emissions concentrations or percent reductions, or operating parameters recorded under
310 CMR 7.08(2)(h)2., shall be recorded during start-up, shut-down or malfunction.
9. The results of the initial performance tests and all subsequent compliance tests
conducted to determine compliance with the particulate matter, opacity, cadmium, lead,
mercury, dioxin/furan, hydrogen chloride, and fugitive ash emission limits shall be
recorded along with supporting calculations and submitted to the Department within 90
days after each such test.
10. For the initial dioxin/furan performance test and all subsequent dioxin/furan
compliance tests recorded under 310 CMR 7.08(2)(h)9., the maximum demonstrated
municipal waste combustor load and maximum particulate matter control device
temperature (for each particulate matter control device) shall be recorded along with
supporting calculations.
11. Records showing the names of the municipal waste combustor chief facility
operator, shift supervisors, and control room operators who are certified by ASME
(Operator Certification and Provisional Certification), including the dates of initial and
renewal certifications and documentation of current certification. Records showing the
names of the municipal waste combustor chief facility operator, shift supervisors, and
control room operators who have completed the EPA municipal waste combustor
operator training course if required. Records of when a certified operator is temporarily
off site, pursuant to 310 CMR 7.08(2)(h)11.a. and b.
a. If the certified chief facility operator and certified shift supervisor are off-site for
more than 12 hours, but for two weeks or less, and no other certified operator is on-
site, record the dates that the certified chief facility operator and certified shift
supervisor were off-site.
b. When all certified chief facility operators and certified shift supervisors are off-
site for more than two weeks and no other certified operator is on-site, keep records
of:
i. Time of day that all certified persons are off-site.
ii. The conditions that cause those people to be off-site.
iii. The corrective actions taken by the owner or operator of the affected facility
to ensure a certified chief facility operator or certified shift supervisor is on-site
as soon as practicable.
iv. Copies ofthe written reports submitted every four weeks that summarize the
actions taken by the owner or operator of the affected facility to ensure that a
certified chief facility operator or certified shift supervisor will be on-site as soon
as practicable.
12. Records showing the names of the persons who have completed a review of the
operating manual as required by 310 CMR 7.08(2)(f)7.d., including the date of the initial
review and subsequent annual reviews.
13. For municipal waste combustor units that apply carbon (or equivalent) for mercury
or dioxin/furan control:
a. Identification of the calendar dates when the average carbon (or equivalent) mass
feed rates recorded under 310 CMR 7.08(2)(h)4.c. were less than either of the hourly
carbon feed rates estimated during compliance tests for mercury or dioxin/furan
emissions and recorded under 310 CMR 7.08(2)(h)4.a. or b., with reasons for such
feed rates and a description of corrective actions taken.
b. Identification of the calendar dates when the carbon injection (or equivalent)
system operating parameter(s) that are the primary indicator(s) of carbon mass feed
rate (or equivalent) recorded under 310 CMR 7.08(2)(h)4.e., are below the level(s)
estimated during the compliance tests as specified in 40 CFR 60.58b(m)(1)(i) and
60.58b(m)(1)(ii) as last amended May 10, 2006, with reasons for such occurrences
and a description of corrective actions taken.
(i) Reporting Requirements. Any person subject to 310 CMR 7.08(2) shall submit an initial
performance report as well as an annual report pursuant to 40 CFR 60.59b(g) as last amended
May 10, 2006, the provisions of which are hereby incorporated by reference that includes,
but is not limited to, the information specified in 310 CMR 7.08(2)(i)1., as applicable. Any
person subject to 310 CMR 7.08(2) shall submit a semiannual report pursuant to 40 CFR
60.59b(h) as last amended May 10, 2006, the provisions of which are hereby incorporated
by reference that includes, but is not limited to, the information specified in 310 CMR
7.08(2)(i)2. for any recorded pollutant or parameter that does not comply with the emission
limits as set forth in 310 CMR 7.08(2). In meeting the reporting requirements of 310 CMR
7.08(2)(i)1. and 310 CMR 7.08(2)(i)2., any person subject to 310 CMR 7.08(2) shall report
the information in a format determined by the Department that is designed to be
understandable and informative to the public. The information shall be submitted in written
format and electronic format.
1. Annual Reporting Requirements.a The information specified in 310 CMR
7.08(2)(i)l.a. through h. shall be reported:
a. 310 CMR 7.08(2)(h)2.a., e. through k. for the highest emission levels recorded.
b. 310 CMR 7.08(2)(h)4.a. and b.
c. 310 CMR 7.08(2)(h)5. and 6., including 40 CFR 60.59b(g)(1)(iv) and (v), as last
amended May 10, 2006.
d. 310 CMR 7.08(2)(h)8. through 10.
e. Summary of 310 CMR 7 .08(2)(i)l.a. through d. for the previous year.
f. The performance evaluation of the continuous emission monitoring system using
the applicable performance specifications in 40 CFR Part 60: Appendix B.
g. A notification of intent to begin the reduced dioxin/furan compliance testing
schedule specified in 310 CMR 7.08(2)(g)l.b. during the following calendar year.
h. Documentation of periods when all certified chief facility operators and certified
shift supervisors are off site for more than 12 hours.
2. Semi-annual Reporting Requirementsb. The information specified in 310 CMR
7.08(2)(i)2.a. through e. shall be reported:
a. 310 CMR 7.08(2)(h)2.a., e. through k. for each date recorded in 310 CMR
7.08(2)(h)3.
b. 310 CMR 7.08(2)(h)3.
c. 310 CMR 7.08(2)(h)4.c.
d. 310 CMR 7.08(2)(h)9.c
e. 310 CMR 7.08(2)(h)13.
a
Annual reports shall be submitted no later than February 15th of each year following the calendar year in
which the data were collected.
b Semiannual reports shall be submitted according to the schedule specified: (1) If data reported in
accordance with section 310 CMR 7.08(2)(i)2. were collected during the first calendar half, then the report
shall be submitted on or before August 1st following the first calendar half; (2) If data reported in section
310 CMR 7.08(2)(i)2. were collected during the second calendar half, then the report shall be submitted
on or before February 15th following the second calendar half.
c Include only the reports which document emission levels that were above the applicable requirements and
the corrective actions taken.
3. Reporting Requirements for Optional Continuous Monitoring and Continuous
Automated Sampling. Any person subject to 310 CMR 7.08(2) electing continuous
emissions monitoring for particulate matter, mercury, lead, cadmium or hydrogen
chloride, or continuous automated sampling for dioxin/furan or mercury, in lieu of
manual sampling, shall comply with the applicable notification requirements of 40 CFR
60.59b(m) and reporting requirements of 40 CFR 60.59b(n)(12) and 40 CFR
60.59b(o)(12), as last amended May 10, 2006.
(j) Emission Control Plan.
1. General Applicability. Any person subject to 310 CMR 7.08(2) shall submit an
emission control plan (ECP) application to the Department on or before
September 9, 2018 on a form provided by the Department to include new or amended
applicable requirements in 310 CMR 7.08(2)(f). All ECP applications are subject to fee
regulations and approval timelines contained in 310 CMR 4.00: Timely Action Schedule
and Fee Provisions.
2. Emission Control Plan Requirements. The requirements of the ECP are contained
in the ECP application but at a minimum, the ECP shall contain sufficient information
(e.g., control efficiency, specifications, standard operating and maintenance procedures)
for any control equipment used to comply with 310 CMR 7.08.
3. Compliance Demonstration. Any person subject to 310 CMR 7.08(2) must include
in the ECP application an affirmative demonstration that any facility(ies) in
Massachusetts owned and operated by such persons (or by an entity controlling,
controlled, by or under common control with such person) that is subject to 310 CMR
7.00 and 310 CMR 19.00: Solid Waste Management is in compliance with, or on a
Department approved compliance schedule to meet, all provisions of 310 CMR 7.00 and
310 CMR 19.00 and any plan approval, order, notice of noncompliance or permit issued
thereunder;
4. Public Comment on Emission Control Plans.
a. Upon receipt of an ECP application the Department will post a notice of public
hearing. on a public website identified by the Department (which may be the
Department's own website), for the duration of the public comment period. The
public hearing will be held 30 days after the publication of the hearing notice. The
Department shall allow for a 30-day public comment period following the published
notice
b. After the public hearing and the close of the public comment period, the
Department will review all of the information submitted and shall issue either a
disapproval of the application or issue a draft emission control plan approval.
c. Upon issuance of the draft emission control plan approval, the Department shall:
i. Provide a 30-day period for submittal of public comment;
ii. Post on a public website identified by the Department (which may be the
Department's own website), for the duration of the public comment period, the
following:
a. Notice of availability of the Department's proposed decision to approve
or deny the ECP application and information on how to submit public
comment;
b. The Department's proposed decision to approve or deny the ECP
application;
c. Information on how to access the administrative record for the
Department's proposed decision to approve or deny the ECP application.
iii. Send a copy of the notice required under 310 CMR 7.08(2)(j)4.c.ii.a. to EPA.
d. After the close of the public comment period, the Department will issue a final
approval or disapproval of the emission control plan.
5. Additional Requirements. Additional requirements may be included in the approval
if the Department determines that the emissions from a municipal waste combustor
plant's unit(s) alone or cumulatively with other municipal waste combustor plant's unit(s)
cause or contribute to a condition of air pollution or a violation of any other regulation.
Such requirements include but are not limited to, emission limits on air contaminants,
and additional stack testing or emission monitoring requirements.
The Department may modify the ECP at any time if the Department determines that
a municipal waste combustor plant's unit(s) alone or cumulatively with other municipal
waste combustor plant's unit(s) cause or contribute to a condition of air pollution or a
violation of any other regulation. Such modification must comply with the requirements
in 310 CMR 7.08(2)(j)7.
6. Compliance Schedule. The ECP shall incorporate a compliance schedule that at a
minimum contains the requirements in 310 CMR 7.08(2)(k).
7. Modification to the ECP.
a. If the Department proposes to modify a municipal waste combustor plant's
emission control plan, the Department shall:
i. Provide a 30-day period for submittal of public comment;
ii. Post on a public website identified by the Department (which may be the
Department's own website), for the duration of the public comment period, the
following:
(i) Notice of availability of the Department's proposed decision to approve
or deny the ECP modification and information on how to submit public
comment;
(ii) The Department's proposed decision to approve or deny the ECP
modification; and
(iii) Information on how to access the administrative record for the
Department's proposed decision to approve or deny the ECP modification.
iii. Send a copy of the notice required under 310 CMR 7.08(2)(j)7.a.ii.a. to EPA.
b. After the close of the public comment period, the Department will issue a final
approval or disapproval of the modified ECP.
(k) Schedule. Municipal waste combustor unit(s) subject to 310 CMR 7.08(2) shall be in
full compliance with the applicable requirements of 310 CMR 7.08(2) after March 9, 2018,
except:
1. Nitrogen oxides emission limits are to be complied with by the dates specified in
310 CMR 7.08(2)(f)3.: Table 3, and in no case later than March 10, 2020.
2. If a municipal waste combustor unit(s) cannot comply with the NOx emission limit
in 310 CMR 7 .08(2)(f)3.: Table 3, the person subject to 310 CMR 7.08(2) may apply in
the emission control plan application due under 310 CMR 7.08(2)(j) for a source specific
alternative NOx emission limit, not to exceed a 24-hour daily arithmetic average of 185
parts per million by volume, dry basis, corrected to 7% oxygen. Such emission control
plan application must evaluate each of the following NOx controls, where it may be
applied, and its technological and economic feasibility.
a. low-NOx burners;
b. close coupled and separated overfire air;
c. flue gas recirculation;
d. steam/water injection;
e. dry low-NOx combustors;
f. fuel emulsification;
g. selective noncatalytic reduction (SNCR);
h. selective catalytic reduction (SCR);
i. nonselective catalytic reduction (NSCR);
j. use of emission reduction credits (ERCs) certified by the Department pursuant to
310 CMR 7.00: Appendix B (3), or pursuant to the interstate trading provisions at
310 CMR 7.00: Appendix B(3)(f); and
k. other innovative technologies available to reduce NOx.
(3) Commercial, Industrial, and Special Incinerators. No person shall cause, suffer, allow, or
permit the construction or substantial reconstruction or alteration or thereafter the operation of
a commercial, industrial, or special incinerator for which the site location has not been approved
by the Department in writing.
(4) Hazardous Waste Incinerators.
(a) No person shall construct, reconstruct, alter, or modify or operate, or cause, suffer, allow
or permit the construction, reconstruction alteration, modification, or operation of, any
hazardous waste incinerator unless such construction, reconstruction, alteration,
modification, or operation is in compliance with:
1. 310 CMR 7.01, 7.08(4), and all other provisions of 310 CMR 7.00.
2. the terms of a Department approval granted pursuant to 310 CMR 7.00.
3. all applicable provisions of 310 CMR 30.000: Hazardous Waste and/or 314 CMR
8.00: Supplemental Requirements for Hazardous Waste Management Facilities.
4. the terms of a license or permit granted by the Department pursuant to 310 CMR
30.000: Hazardous Waste and/or 314 CMR 8.00: Supplemental Requirements for
Hazardous Waste Management Facilities.
5. In addition, 310 CMR 7.08(2) is adopted pursuant to the authority granted by
M.G.L. c. 111, § 150A.
Noncompliance with any provision of 310 CMR 30.000, or of a license granted pursuant
to 310 CMR 30.000, shall be deemed noncompliance with, and shall be subject to all
applicable provisions, of M.G.L. c. 21C. Noncompliance with any provision of 314 CMR
8.00, or of a permit granted pursuant to 314 CMR 8.00, shall be deemed noncompliance
with, and shall be subject to all applicable provisions of, M.G.L. c. 21, §§ 26 through 53. No
approval granted by the Department shall affect the responsibility of the owner or operator
to comply with all other applicable laws and regulations.
(b) No person shall construct, reconstruct, alter, modify, or operate or cause, suffer, allow
or permit the construction, reconstruction, alteration, modification, or operation of, any
hazardous waste incinerator unless the plans, specifications, proposed Standard Operating
Procedure, and the Proposed Maintenance Procedure for such hazardous waste incinerator
have been submitted to the Department for approval, and the Department has granted such
approval in writing. The Department may prescribe a form and/or other application methods
which shall be used by each person applying for such approval from the Department.
(c) Each application for approval to construct, reconstruct, alter, modify or operate a
hazardous waste incinerator shall be in compliance with the requirements set forth in
310 CMR 30.001 through 30.099 (General Provisions, e.g., Definitions; Requirements for
Accurate, Timely and Complete Monitoring, Recordkeeping and Submittals to the
Department; Notification Procedures; and Transition Provisions) and 30.800 (Licensing
Requirements and Procedures) and shall:
1. be signed by the owner or operator of the hazardous waste incinerator;
2. be accompanied by site information, plans, descriptions, specifications, and drawings
showing the design of the hazardous waste incinerator, the nature and amount of
emissions, and the manner in which the hazardous waste incinerator will be operated and
controlled;
3. specify waste feed(s), including, for each, the anticipated heating value, viscosity,
description of the physical form of the waste, and identification and quantification of
hazardous waste constituents listed in 310 CMR 30.160 by the use of analytical
techniques specified in "Test Methods for Evaluating Solid Waste", United States
Environmental Protection Agency SW-846, 1980;
4. include a detailed description of the hazardous waste incinerator, including at least
the following:
a. the incinerator's model number and type, and the name of its manufacturer;
b. the linear dimensions of the incinerator unit and the cross sectional area of the
combustion chamber(s);
c. the auxiliary fuel system (type/feed);
d. the capacity of the prime mover;
e. the automatic cutoff system(s);
f. the stack gas monitoring and pollution control equipment;
g. the design of the nozzle and burner;
h. the construction materials; and
i. each device for indicating and/or controlling temperature, pressure, and/or flow,
including the location of each such device;
5. include the applicant's proposed standard operating procedure and proposed
maintenance procedure, which shall include, but not be limited to, procedures for:
a. incinerator startup and operation prior to, during, and immediately following
emission testing, and
b. long term incinerator operation, and
c. sampling and analysis of waste feeds, including the frequency thereof.
Such procedures shall include procedures for rapidly shutting down the waste feed
and the incinerator, and controlling emissions, in the event of equipment malfunction.
Such procedures shall, to the satisfaction of the Department, indicate that the incinerator
will operate in compliance with the emission limitations set forth in 310 CMR 7.08(4);
6. include a proposed emission test protocol for demonstrating compliance with
310 CMR 7.00 in general and in particular with the emission limitations set forth in
310 CMR 7.08(4)(h). This protocol shall include at least the following: sampling and
analysis procedures and equipment, sample locations, frequency and duration of
sampling, anticipated test dates, duration of testing, quantity of waste to be burned,
range(s) of temperature(s), waste feed rate, combustion gas velocity, auxiliary fuel use,
and all other parameters which may affect the performance of the incinerator;
7. include whatever other information, plans, specifications, evidence, or documentation
the Department may request; and
8. bear the seal and signature of a professional engineer, registered in the
Commonwealth pursuant to M.G.L. c. 112, on all engineering plans, specifications, and
other material submitted in or with the application.
(d) The Department may approve the construction, reconstruction, alteration, modification
or operation of a hazardous waste incinerator only if the Department is persuaded that:**
1. emissions from the incinerator would not result in air quality exceeding the
Massachusetts or National Ambient Air Quality Standards;
2. emissions from the incinerator would not result in noncompliance with 310 CMR
7.01 or any other provision of 310 CMR 7.00.
3. a proposed incinerator to be constructed in a non-attainment area would not have a
potential to emit equal to or greater than 100 tons per year of the contaminant upon which
the non-attainment status is based (e.g., particulate matter, sulfur oxides, nitrogen oxides,
volatile organic compounds, or carbon monoxide), unless the incinerator is in compliance
with the requirements of 310 CMR 7.00: Appendix A(1) through (6), Emission Offsets
and Non-attainment Review;
4. a proposed modification of an incinerator in a non-attainment would not produce a
significant increase in emissions of the contaminant upon which the non-attainment
status is based (e.g., particulate matter, sulfur oxides, nitrogen oxides, volatile organic
compounds, or carbon monoxide), unless the incinerator is in compliance with the
requirements of 310 CMR 7.00: Appendix A(1) through (6), Emissions Offsets and
Non-attainment Review; and
5. a proposed incinerator subject to 310 CMR 7.00: Appendix A(1) through (6) (a major
source or major modification) would not have total allowable emissions which, when
added to allowable emissions from:
a. existing facilities in the pertinent regions, and
b. new or modified sources in the pertinent region, which sources are
not major emitting facilities, would, by the time that the incinerator is to commence
operation, exceed the total emissions from existing sources allowed under the
applicable SIP (prior to the application for such permit to construct or modify) by
such an amount as to be inconsistent with "reasonable further progress" as defined
in the Massachusetts State Implementation Plan (SIP).
(e) The Department may impose any reasonable condition upon an approval, including, but
not limited to:
1. compliance with record-keeping requirements set forth in 310 CMR 30.542;
2. limitations on waste feed;
3. waste feed rates;
4. operating conditions during start-up, prior to, and during emissions testing;
5. long term operating conditions;
S))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))Q
** In addition to the requirements contained herein, major new sources of air contaminants and
major modifications of existing sources located in attainment areas may be subject to Prevention
of Significant Deterioration (PSD) regulations at 40 CFR 52.21. Effective July 1, 1982, the
Department implemented the PSD program in accordance with the Department’s “Procedures
for Implementing Federal Prevention of Significant Deterioration Regulations”. As of March 3,
2003, the federal PSD regulations are administered by the U.S. Environmental Protection
Agency.
6. requiring the hazardous waste incinerator to be provided with:
a. sampling ports of such size, number, and location as the Department may require,
and safe access to each port, and
b. instrumentation to monitor and record emission data;
7. quantitative analysis of the scrubber water, if any, the ash residues, and other
residues, if any, for the purpose of estimating the fate of the trial POHCs; and
8. any other sampling and/or testing equipment.
(f) The Department may revoke an approval if:
1. construction is not begun within four years from the date of issuance of the approval;
or
2. during construction, work is suspended for two years; or
3. there is any other lawful cause.
(g) For each hazardous waste incinerator whose construction was not completed prior to
October 15, 1983, all provisions of 310 CMR 7.08(4) shall take effect on October 15, 1983.
For each hazardous waste incinerator whose construction was completed prior to October 15,
1983:
1. all provisions of 310 CMR 7.08(4)(a) through (g) shall take effect on October 15,
1983; and
2. within nine calendar months after the date on which a license application is required
to be submitted to the Department pursuant to 310 CMR 30.099(6), either:
a. comply with 310 CMR 7.08(4)(b), (c), and (h) through (l), or
b. persuade the Department that more time is needed to comply with 310 CMR
7.08(4)(h) through (l), and submit to the Department a proposed plan and schedule
for such compliance. Said plan and schedule are subject to review and approval by
the Department and shall provide for compliance with 310 CMR 7.08(4)(b), (c) and
(h) through (l) as expeditiously as practicable, and in any event no later than 24
months after the date on which a license application is required to be submitted to the
Department pursuant to 310 CMR 30.099(6). Such proposed plan and schedule shall
be submitted in compliance with all applicable requirements set forth in 310 CMR
7.08 and in 310 CMR 30.000 and/or 314 CMR 8.00.
(h) Except as provided in 310 CMR 7.08(4)(g), no person owning, leasing, or controlling
the operation of any hazardous waste incinerator shall cause, suffer, allow, or permit
emissions therefrom in excess of the following emission limitations:
1. for each waste feed, a hazardous waste incinerator shall achieve a destruction and
removal efficiency (DRE) of 99.99% for each Principal Organic Hazardous Constituent
(POHC) designated in the Department's approval. DRE shall be determined for each
POHC from the following equation:
DRE =
(W in-W out)
X 100%
W in
Where:
W in =
Mass feed rate of one POHC in the waste stream feeding the incinerator, and
W out =
Mass emission rate of the same POHC present in exhaust emissions prior to
release to the atmosphere;
2. For a hazardous waste incinerator with the potential to emit hydrogen chloride (HCl)
at a rate equal to or greater than four pounds per hour, such HCl emissions shall be
limited to no greater than the larger of either four pounds per hour or 1% of the HCl in
the combustion gas prior to entering any air pollution control equipment;
3. Particulate emissions form a hazardous waste incinerator shall not exceed 0.08 grains
per dry standard cubic foot when corrected for the amount of oxygen in the stack gas
according to the formula:
Pc
=
PM
X
21-Y
Where:
Pc =
the corrected concentration of particulate matter.
Pm =
the measured concentration of particulate matter, and
Y =
the measured concentration (percent by volume, dry) of oxygen in the stack gas.
4. Emissions of products of incomplete combustion (PICs) shall be limited to the degree
necessary to comply with 310 CMR 7.01.
(i) For the purposes of demonstrating compliance with the emission limitations contained
in 310 CMR 7.08(4)(h), compliance with other requirements of 310 CMR 7.00, or
compliance with the terms of any approval granted pursuant to 310 CMR 7.00, each person
owning, leasing, or controlling the operation of a hazardous waste incinerator shall conduct
or have conducted performance tests, including, without limitation, sampling and analysis
of waste and exhaust emissions, in accordance with the requirements set forth in 310 CMR
7.00, including, without limitation, the following requirements:
1. For a newly constructed, substantially reconstructed, or altered incinerator, such
performance tests shall be conducted as soon as possible as determined by the
Department, but in no case latter than 720 hours of operation or 120 calendar days,
whichever comes first, after the initial introduction into the incinerator of each waste feed
specified in a Department approval.
2. For a hazardous waste incinerator for which the Department is of the opinion that
performance tests are necessary, such performance tests shall be conducted within 90
days of written notification from the Department that such tests are required, or within
such other deadline as the Department may specify in said written notification, and
3. shall include an analysis demonstrating that the emissions of products of incomplete
combustion (PICs) are in compliance with 310 CMR 7.01. Such analysis of PICs shall
include the identification and quantification of no less than the five PICs that occur in the
highest concentration in the flue gas stream. The Department may require that additional
analysis be performed including, but not limited to, specifying particular compounds to
be identified and quantified.
(j) Performance tests in compliance with 310 CMR 7.08(4)(i) shall be conducted in
accordance with methods as approved by the Department and in conformance with 310 CMR
7.13. The sampling and analysis of waste shall in all cases be done by a person
knowledgeable therein, and shall be done in the presence of a representative of the
Department whenever such is deemed necessary by the Department. The results of all such
tests shall:
1. be recorded and the records placed in the operating log in compliance with 310 CMR
30.542, and
2. be submitted to the Department in accordance with 310 CMR 30.807 no later than
90 days after completion of the actual testing or within such other deadline as the
Department may prescribe in writing.
(k) No person shall cause, suffer, allow, or permit the operation of any hazardous waste
incinerator that is not equipped with instrumentation which is properly maintained in an
accurate operating condition and operated continuously to indicate and record the:
1. carbon monoxide and oxygen levels in the stack exhaust gas,
2. waste feed and supplementary fuel rates,
3. combustion temperature, and
4. combustion gas velocity.
The instrumentation and its installation shall be as approved by the Department in
accordance with 310 CMR 7.08(4).
(l) No person shall cause, suffer, allow, or permit the operation of any hazardous waste
incinerator unless said operation is in conformance with the following:
1. During start-up and shutdown, hazardous waste shall not be fed into the incinerator
unless the incinerator is operating within the conditions of operation as specified in the
Department's approval; and
2. Fugitive emissions from the combustion zone shall 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 alternative means of fugitive emissions control equivalent to maintenance of
combustion zone pressure lower than atmospheric pressure as approved by the
Department; and
3. Each hazardous waste incinerator shall be equipped with a functioning system to
automatically cease operation of the incinerator when change(s) in waste feed, incinerator
design, or operating conditions exceed limits as designated in a Department approval.
Each such systems, and each alarm associated therewith, shall be tested at least weekly
to verify operability; and
4. At least once each day during which it is operated, each hazardous waste incinerator
and associated equipment (e.g. pumps, valves, conveyors, and pipes) shall be subjected
to thorough visual inspection for leaks, spills, fugitive emissions, and signs of tampering;
and
5. All monitoring and inspection data shall be recorded and the records shall be placed
in the operating log required by 310 CMR 30.542.
(m) No incinerator for the burning of polyhalogenated aromatic hydrocarbons shall be
constructed, substantially reconstructed, altered, or operated except in compliance with the
following requirements:
1. Polyhalogenated aromatic hydrocarbons may be burned only after the Department has
expressly and in writing approved the burning of such material, and only to the extent
and only while such approval is in effect. The application to the Department for such
approval shall expressly state that approval is sought to burn polyhalogenated aromatic
hydrocarbons.
2. The burning of polyhalogenated aromatic hydrocarbons shall achieve a destruction
and removal efficiency, as determined pursuant to 310 CMR 7.08(4)(h)1., of 99.9999%
for each POHC, based on burning materials more difficult to burn than tetra-, penta-, and
hexachlo- rodibenzo-p-dioxin and dibenzofurans.