Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 724 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart O - INCINERATORS › Section 724.440 - Applicability

Current through Register Vol. 48, No. 28, July 12, 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).