Current through all regulations passed and filed through September 16, 2024
(A) Rules
3745-57-40 to
3745-57-51 of the Administrative
Code apply to owners and operators of hazardous waste " incinerators" (as
defined in rule
3745-50-10 of the Administrative
Code), except as rule
3745-54-01 of the Administrative
Code provides otherwise.
(B)
Integration of the maximum achievable control
technology ( MACT) standards.
(1) Except as provided by paragraphs (B)(2)
to (B)(4) of this rule, the standards of Chapters 3745-54 to 3745-57 and
3745-205 of the Administrative Code do not apply to a new hazardous waste
incineration unit that becomes subject to the hazardous waste permit
requirements after February 16, 2009; or no longer apply when an owner or
operator of an existing hazardous waste incineration unit demonstrates
compliance with the MACT requirements of
40 CFR Part
63 subpart EEE, by conducting a comprehensive
performance test and submitting to the director a notification of compliance
under 40 CFR
63.1207(j) and
40 CFR
63.1210(d), documenting
compliance with the requirements of 40 CFR Part 63 subpart EEE. Nevertheless,
even after this demonstration of compliance with the MACT standards, hazardous
waste permit conditions that were based on the standards of Chapters 3745-54 to
3745-57 and 3745-205 of the Administrative Code will continue to be in effect
until they are removed from the permit, unless the permit expressly provides
otherwise.
(2) The MACT standards
do not replace the closure requirements of rule
3745-57-51 of the Administrative
Code or the applicable requirements of Chapter
3745-54 of the Administrative
Code, and rules
3745-55-10 to
3745-55-20,
3745-55-40 to 3745-55-51, 3745-205-50 to 3745-205-65, and 3745-205-80 to
3745-205-90 of the Administrative Code.
(3) The particulate matter standard of
paragraph (C) of rule
3745-57-43 of the Administrative
Code 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
40 CFR
63.1219(e).
(4) The following requirements remain in
effect for startup, shutdown, and malfunction events if the owner or operator
elects to comply with paragraph (A)(1)(a) of rule
3745-50-235 of the
Administrative Code to minimize emissions of toxic compounds from these events:
(a) Paragraph (A) of rule
3745-57-45 of the Administrative
Code requiring that an incinerator operate in accordance with operating
requirements specified in the permit; and
(b) Paragraph (C) of rule
3745-57-45 of the Administrative
Code 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.
(C) After consideration
of the waste analysis included with "Part B" of the permit application, the
director, in establishing the permit
conditions,
shall exempt the
applicant from all requirements of rules
3745-57-40 to
3745-57-51 of the Administrative
Code except this rule and rules
3745-57-41 and
3745-57-51 of the Administrative
Code :
(1)
If the director finds the waste to be burned is:
(a) Listed as a hazardous waste in rules
3745-51-30 to
3745-51-35 of the Administrative
Code solely because
the waste is ignitable ("Hazard Code I"),
corrosive ("Hazard Code C"), or both; or
(b) Listed as a hazardous waste in rules
3745-51-30 to
3745-51-35 of the Administrative
Code solely because
the waste is reactive ("Hazard Code R") for
characteristics other than those listed in
paragraphs
(A)(4) and (A)(5) of rule
3745-51-23 of the Administrative
Code, and will not be burned when other hazardous
wastes are present in the combustion zone; or
(c) A hazardous waste solely because
the waste
possesses the characteristic of ignitability, characteristic of corrosivity, or both, as
determined by the test for characteristics of
hazardous wastes under rules
3745-51-20 to
3745-51-24 of the Administrative
Code; or
(d) A hazardous waste
solely because the waste possesses any of the reactivity
characteristics described by paragraphs (A)(1), (A)(2), (A)(3), (A)(6),
(A)(7), and (A)(8) of rule
3745-51-23 of the Administrative
Code, 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 the appendix to rule
3745-51-11 of the Administrative
Code, which would reasonably be expected to be in the waste.
(D) If the waste to be burned is
one which is described by paragraph (C)(1)(a), (C)(1)(b), (C)(1)(c), or
(C)(1)(d) of this rule and contains insignificant concentrations of the
hazardous constituents listed in the appendix to rule
3745-51-11 of the Administrative
Code, then the director, in establishing permit
conditions, may exempt the applicant from all requirements of rules
3745-57-40 to
3745-57-51 of the Administrative
Code except this rule and rules
3745-57-41 and
3745-57-51 of the Administrative
Code, after consideration of the waste analysis included with "Part B" of the
permit application, unless the director finds
that the waste will pose a threat to human health and 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 rule
3745-50-62 of the Administrative
Code.
[Comment: For dates of non-regulatory government publications,
publications of recognized organizations and associations, federal rules, and
federal statutory provisions referenced in this rule, see rule
3745-50-11 of the Administrative
Code titled "Incorporated by reference."]
