26.13.10.02

.02 Hazardous Waste Burned for Energy Recovery.

A. Applicability.

(1) This regulation applies to hazardous wastes that are burned for energy recovery in any boiler or industrial furnace that is regulated under COMAR 26.13.05.16 except as provided by A(2). These hazardous wastes burned for energy recovery are termed "hazardous waste fuel". Fuel produced from hazardous waste by processing, blending, or other treatment is also hazardous waste fuel. These regulations do not apply, however, to gas recovered from hazardous waste management activities when the gas is burned for energy recovery.

(2) The following hazardous wastes are not regulated under this regulation:

(a) Hazardous wastes that are exempt from regulation under the provisions of COMAR 26.13.02.04, .04-1, and .06A(3);

(b) Except as provided in §D of this regulation, used oil burned for energy recovery that is also a hazardous waste solely because it exhibits a characteristic of hazardous waste identified in COMAR 26.13.02. This used oil is subject to regulation under COMAR 26.10.15, 26.13.02.06A(3)(c), 26.13.04.01D(4), and 26.13.10.05, rather than this regulation.

B. Prohibitions.

(1) A person may market hazardous waste fuel only:

(a) To persons who have notified the State of their hazardous waste fuel activities and have a U.S. EPA identification number; and

(b) If the fuel is burned, to persons who burn the fuel in boilers or industrial furnaces identified in B(2) of this regulation.

(2) Hazardous waste fuel may be burned for energy recovery only in devices identified in COMAR 26.13.05.16C(3).

(3) Fuel which contains any hazardous waste may not be burned in any cement kiln which is located within the boundaries of any incorporated municipality with a population greater than 500,000 (based on the most recent census statistics) unless the kiln fully complies with regulations under this subtitle that are applicable to incinerators.

C. Standards Applicable to Generators of Hazardous Waste Fuel.

(1) Generators of hazardous waste that is used as a fuel or used to produce a fuel are subject to the requirements of COMAR 26.13.03.

(2) Generators who market hazardous waste fuel to a burner also are subject to E of this regulation.

D. Standards Applicable to Transporters of Hazardous Waste Fuel. Transporters of hazardous waste fuel, and hazardous waste that is used to produce a fuel are subject to COMAR 26.13.04.

E. Standards Applicable to Marketers of Hazardous Waste Fuel. Persons who market hazardous waste fuel are termed "marketers". Marketers include generators who market hazardous waste fuel directly to a burner, persons who receive hazardous waste from generators and produce, process, or blend hazardous waste fuel from these hazardous wastes, and persons who distribute but do not process or blend hazardous waste fuel. These persons are subject to the following requirements:

(1) Prohibitions. The prohibitions under B.

(2) Notification. Notification requirements under Section 3010 of RCRA for hazardous waste fuel activities. Even if a marketer has previously notified EPA of his hazardous waste management activities and obtained a U.S. EPA identification number he shall renotify the U.S. EPA and the Secretary to identify his hazardous waste fuel activities.

(3) Storage. COMAR 26.13.03.05E, 26.13.05.01—.12, and 26.13.07.

(4) Off-site Shipment. The standards for generators in COMAR 26.13.03 when a marketer initiates a shipment of hazardous waste fuel.

(5) Required Notices.

(a) Before a marketer initiates the first shipment of hazardous waste fuel to a burner or another marketer, he shall obtain a one-time written and signed notice from the burner or marketer certifying that:

(i) The burner or marketer has notified EPA and the Secretary under 3010 of RCRA and identified his waste-as-fuel activities; and

(ii) If the recipient is a burner, the burner will burn the hazardous waste fuel in a facility permitted under COMAR 26.13.05.15 or .16 and COMAR 26.13.07.05.

(b) Before a marketer accepts the first shipment of hazardous waste fuel from another marketer, he shall provide the other marketer with a one-time written and signed certification that he has notified EPA and the Secretary under Section 3010 of RCRA and identified his hazardous waste fuel activities.

(6) Record Keeping. In addition to the applicable record-keeping requirements of COMAR 26.13.03 and 26.13.05, a marketer shall keep a copy of each certification notice he receives or sends for 3 years from the date he last engages in a hazardous waste fuel marketing transaction with the person who sends or receives the certification notice.

F. Standards Applicable to Burners of Hazardous Waste Fuel. Owners and operators of industrial furnaces and boilers identified in B(2) that burn hazardous waste fuel for energy recovery are "burners", and are subject to the following requirements:

(1) Prohibitions. The prohibitions under B.

(2) The substantive and procedural requirements of COMAR 26.13.05.16 and COMAR 26.13.07.05.

(3) Notification. Notification requirements under Section 3010 of RCRA for hazardous waste fuel activities. Even if a burner has previously notified EPA of his hazardous waste management activities and obtained a U.S. EPA identification number, he shall renotify the U.S. EPA and the Secretary to identify his hazardous waste fuel activities.

(4) Storage.

(a) For short term accumulation by generators who burn their hazardous waste fuel on-site, the applicable provisions of COMAR 26.13.03.05E.

(b) For storage facilities the applicable provisions of COMAR 26.13.05.01—.12 and 26.13.07.

(5) Required Notices. Before a burner accepts the first shipment of hazardous waste fuel from a marketer, he shall provide the marketer a one-time written and signed notice certifying that:

(a) He has notified EPA under Section 3010 of RCRA and identified his waste-as-fuel activities; and

(b) He will burn the fuel only in a boiler or furnace identified in B of this regulation and COMAR 26.13.05.16.

(6) Record Keeping. In addition to the applicable record-keeping requirements of COMAR 26.13.05, a burner shall keep a copy of each certification notice that he sends to a marketer for 3 years from the date he last received hazardous waste fuel from that marketer.