Current through Register Vol. 48, No. 38, September 20, 2024
a) The regulations
in this Subpart O apply to owners or operators of hazardous waste incinerators
(as defined in 35 Ill. Adm. Code
720.110) , except
as 35 Ill. Adm. Code
724.101
provides otherwise.
b) Integration
of the MACT Standards
1) Except as provided
by subsections (b)(2) and (b)(3), the standards of this Part no longer apply
when an owner or operator 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, under
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) Section
725.445,
generally prohibiting burning of hazardous waste during startup and shutdown,
remains in effect if the owner or operator elects to comply with 35 Ill. Adm.
Code
703.320(b)(1)(A)
to minimize emissions of toxic compounds from startup and shutdown.
BOARD NOTE: 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.
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.
c) An owner or operator of an incinerator
that burns hazardous waste is exempt from all of the requirements of this
Subpart O, except Section
725.451(Closure),
provided that the owner or operator has documented, in writing, that the waste
would not reasonably be expected to contain any of the hazardous constituents
listed in Appendix H to 35 Ill. Adm. Code 721 and such documentation is
retained at the facility, if the waste to be burned is one of the following:
1) 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;
2) 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 35 Ill. Adm. Code
721.123(a)(4) and
(a)(5), and will not be burned when other
hazardous wastes are present in the combustion zone;
3) It is a hazardous waste solely because it
possesses the characteristic of ignitability, corrosivity, or both, as
determined by the tests for characteristics of hazardous wastes under Subpart C
of 35 Ill. Adm. Code 721; or
4) It
is a hazardous waste solely because it possesses the reactivity characteristics
described by 35 Ill. Adm. Code
721.123(a)(1),
(a)(2), (a)(3), (a)(6), (a)(7), or (a)(8) and
will not be burned when other hazardous wastes are present in the combustion
zone.
