Current through Register Vol. 48, No. 38, September 20, 2024
a) The regulations
in this Subpart O apply to owners and operators of hazardous waste incinerators
(as defined in 35 Ill. Adm. Code
720.110) , except
as Section
724.101
provides otherwise.
b) Integration
of the MACT Standards
1) Except as provided
by subsections (b)(2) through (b)(4), the standards of this Part do not apply
to a new hazardous waste incineration unit that became subject to RCRA permit
requirements after October 12, 2005; or no longer apply when the owner or
operator of an existing hazardous waste incineration unit demonstrates
compliance with the maximum achievable control technology (MACT) requirements
of subpart EEE of 40 CFR 63 (National Emission Standards for Hazardous Air
Pollutants from Hazardous Waste Combustors), incorporated by reference in 35
Ill. Adm. Code
720.111(b),
by conducting a comprehensive performance test and submitting to the Agency a
Notification of Compliance, pursuant to
40 CFR
63.1207(j) and
63.1210(d),
documenting compliance with the requirements of subpart EEE of 40 CFR
63.
2) The MACT standards of
subpart EEE of 40 CFR 63 do not replace the closure requirements of Section
724.451 or the applicable
requirements of Subparts A through H, BB, and CC.
3) The particulate matter standard of Section
724.443(c)
remains in effect for incinerators that elect to comply with the alternative to
the particulate matter standard of
40
CFR 63.1206(b)(14) and
63.1219(e)
(When and How Must You Comply with the Standards and Operating Requirements?),
incorporated by reference in 35 Ill. Adm. Code
720.111(b).
4) The following requirements remain in
effect for startup, shutdown, and malfunction events if the owner or operator
elects to comply with 35 Ill. Adm. Code
703.320(a)(1)(A)
to minimize emissions of toxic compounds from the following events:
A) Section
724.445(a),
requiring that an incinerator operate in accordance with operating requirements
specified in the permit; and
B)
Section
724.445(c),
requiring compliance with the emission standards and operating requirements
during startup and shutdown if hazardous waste is in the combustion chamber,
except for particular hazardous wastes.
BOARD NOTE: Sections 9.1 and 39.5 of the Environmental
Protection Act make the federal MACT standards directly applicable to entities
in Illinois and authorize the Agency to issue permits based on the federal
standards. Operating conditions used to determine effective treatment of
hazardous waste remain effective after the owner or operator demonstrates
compliance with the standards of subpart EEE of 40 CFR 63. In adopting this
subsection (b), USEPA stated as follows (at 64 Fed Reg. 52828, 52975 (September
30, 1999)):
Under this approach . . ., MACT air emissions and related
operating requirements are to be included in Title V permits; RCRA permits will
continue to be required for all other aspects of the combustion unit and the
facility that are governed by RCRA (e.g., corrective action, general facility
standards, other combustor-specific concerns such as materials handling,
risk-based emissions limits and operating requirements, as appropriate, and
other hazardous waste management units).
c) After consideration of the
waste analysis included with Part B of the permit application, the Agency, in
establishing the permit conditions, must exempt the applicant from all
requirements of this Subpart O, except Section
724.441 (Waste
Analysis) and Section
724.451(Closure):
1) If the Agency finds that the waste to be
burned is one of the following:
A) It is
listed as a hazardous waste in Subpart D of 35 Ill. Adm. Code 721 solely
because it is ignitable (Hazard Code I), corrosive (Hazard Code C), or
both;
B) It is listed as a
hazardous waste in Subpart D of 35 Ill. Adm. Code 721 solely because it is
reactive (Hazard Code R) for characteristics other than those listed in Section
721.123(a)(4) and
(5), and will not be burned when other
hazardous wastes are present in the combustion zone;
C) It is a hazardous waste solely because it
possesses the characteristic of ignitability, as determined by the test for
characteristics of hazardous wastes pursuant to Subpart C of 35 Ill. Adm. Code
721; or
D) It is a hazardous waste
solely because it possesses any of the reactivity characteristics described by
35 Ill. Adm. Code
721.123(a)(1),
(a)(2), (a)(3), (a)(6), (a)(7), and (a)(8)
and will not be burned when other hazardous wastes are present in the
combustion zone; and
2)
If the waste analysis shows that the waste contains none of the hazardous
constituents listed in Subpart H of 35 Ill. Adm. Code 721 that would reasonably
be expected to be in the waste.
d) If the waste to be burned is one that is
described by subsection (b)(1)(A), (b)(1)(B), (b)(1)(C), or (b)(1)(D) and
contains insignificant concentrations of the hazardous constituents listed in
Subpart H of 35 Ill. Adm. Code 721, then the Agency may, in establishing permit
conditions, exempt the applicant from all requirements of this Subpart O,
except Section
724.441 (Waste
Analysis) and Section
724.451(Closure),
after consideration of the waste analysis included with Part B of the permit
application, unless the Agency finds that the waste will pose a threat to human
health or the environment when burned in an incinerator.
e) The owner or operator of an incinerator
may conduct trial burns subject only to the requirements of 35 Ill. Adm. Code
703.222
through
703.225
(short-term and incinerator permits).
