Current through Register Vol. 48, No. 12, March 22, 2024
All owners or operators of HMIWIs that intend to permanently
shut down their HMIWI as a means of complying with this Part shall:
a) Provide the Agency with written notice of
their intention to permanently shut down their HMIWI, as follows:
1) On or before November 15, 1999, for an
HMIWI as defined in Section
229.110(a)(1)
of this Part, subject to the emissions limits under Section
229.125(a)
or Section
229.126(a)
of this Part;
2) On or before
January 1, 2013, except as provided for in Section
229.116(c),
for an HMIWI as defined in Section
229.110(a)(1) or
(a)(2) of this Part, subject to the emissions
limits under Section
229.125(c),
as applicable, or Section
229.126(c)
of this Part.
b) Take
the following affirmative steps to demonstrate that the HMIWI has been rendered
permanently inoperable by September 15, 2000, for an HMIWI as defined in
Section
229.110(a)(1),
or by January 1, 2014 for an HMIWI as defined in Section
229.110(a)(1) or
(a)(2) of this Part:
1) Weld the primary chamber door
shut;
2) Dismantle the HMIWI;
or
3) Other means that reasonably
demonstrate that the HMIWI is no longer functional.
c) Except as provided in subsection (c)(5) of
this Section, owners or operators may have up to October 6, 2014 to shut down
their HMIWIs to avoid being subject to compliance with the emissions limits
under Section
229.125(c)
or
229.126(c).
To avail themselves of this extended compliance timeframe, the owner or
operator of an HMIWI shall:
1) Submit its
application to the Agency by July 1, 2013 requesting an extended compliance
schedule, pursuant to Section 39.5(5)(d) of the Act [415 ILCS
5/39.5(5)(d) ]. This compliance
schedule shall include documentation of the analysis undertaken to support the
need for an extension, including an explanation of why the timeframe up to
October 6, 2014 is sufficient while the timeframe up to January 1, 2014 is not
sufficient, and incremental steps to be taken toward compliance with applicable
requirements of this Part.
2) If an
onsite alternative waste treatment technology is needed to be installed before
the HMIWI is shut down, an application for compliance extension shall include
the following elements of increments of progress and completion date for each
step of progress:
A) Finalize contract with an
alternative waste treatment technology vendor;
B) Initiate onsite construction or
installation of alternative waste treatment technology;
C) Complete onsite construction or
installation of alternative waste treatment technology; and
D) Take the steps described under subsection
(b) of this Section to demonstrate that the HMIWI has been rendered permanently
inoperable.
3) If an
onsite alternative waste treatment technology is not needed to be installed
before an HMIWI is shut down, an application for compliance extension shall
include a plan for shut down. The plan for shut down shall include steps
described under subsection (b) of this Section to demonstrate that the HMIWI
has been rendered permanently inoperable.
4) If a petition for compliance extension is
granted, the owner or operator of an HMIWI, as defined in Section
229.110(a)(1) or
(a)(2), must continue to comply with the
provisions of its current CAAPP permit during the interim.
5) Any owner or operator of an HMIWI that
fails to demonstrate compliance with this Part by October 6, 2014 shall cease
operation of the HMIWI until compliance with the provisions of this Part is
achieved.
6) Notwithstanding
subsection (c)(1) of this Section, all owners or operators of HMIWIs shall be
in full compliance with all of the HMIWI operator provisions of Subpart J of
this Part by January 1, 2014.