Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 726 - STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTE AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Subpart H - HAZARDOUS WASTE BURNED IN BOILERS AND INDUSTRIAL FURNACES › Section 726.200 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a) The regulations
				of this Subpart H apply to hazardous waste burned or processed in a boiler or
				industrial furnace (BIF) (as defined in 35 Ill. Adm. Code
				720.110 )
				irrespective of the purpose of burning or processing, except as provided by
				subsections (b), (c), (d), (g), and (h). In this Subpart H, the term "burn"
				means burning for energy recovery or destruction or processing for materials
				recovery or as an ingredient. The emissions standards of Sections
				726.204,
				726.205,
				726.206,
				and
				726.207
				apply to facilities operating under interim status or under a RCRA permit, as
				specified in Sections
				726.202
				and
				726.203.
b) Integration of the MACT Standards
1) Except as provided by subsections(b)(2),
				(b)(3), and (b)(4), the standards of this Part do not apply to a new hazardous
				waste boiler or industrial furnace unit that becomes subject to RCRA permit
				requirements after October 12, 2005; or no longer apply when an owner or
				operator of an existing hazardous waste boiler or industrial furnace unit
				demonstrates compliance with the maximum achievable control technology (MACT)
				requirements of federal 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) (What are the
				performance testing requirements?) and 63.1210(d) (What are the notification
				requirements?), documenting compliance with the requirements of federal subpart
				EEE of 40 CFR 63. Nevertheless, even after this demonstration of compliance
				with the MACT standards, RCRA permit conditions that were based on the
				standards of this Part will continue to be in effect until they are removed
				from the permit or the permit is terminated or revoked, unless the permit
				expressly provides otherwise.
2)
				The following standards continue to apply:
A)
				If an owner or operator elects to comply with 35 Ill. Adm. Code
				703.320(a)(1)(A)
				to minimize emissions of toxic compounds from startup, shutdown, and
				malfunction events, Section
				726.202(e)(1),
				requiring operations in accordance with the operating requirements specified in
				the permit at all times that hazardous waste is in the unit, and Section
				726.202(e)(2)(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. These provisions apply only during
				startup, shutdown, and malfunction events;
B) The closure requirements of Sections
				726.202(e)(11)
				and
				726.203(l);
C) The standards for direct transfer of
				Section
				726.211;
D) The standards for regulation of residues
				of Section
				726.212;
				and
E) The applicable requirements
				of Subparts A through H, BB, and CC of 35 Ill. Adm. Code 724 and 725.
3) The owner or operator of a
				boiler or hydrochloric acid production furnace that is an area source under
				40
				CFR 63.2, incorporated by reference in 35
				Ill. Adm. Code
				720.111(b)
				(as 40 CFR 63 ), that has not elected to comply with the emission standards of
				40
				CFR 63.1216,
				63.1217,
				and
				63.1218,
				incorporated by reference in 35 Ill. Adm. Code
				720.111(b)
				(as subpart EEE of 40 CFR 63 ), for particulate matter, semivolatile and low
				volatile metals, and total chlorine, also remains subject to the following
				requirements of this Part:
A) Section
				726.205
				(Standards to Control PM);
B)
				Section
				726.206
				(Standards to Control Metals Emissions); and
C) Section
				726.207
				(Standards to Control HCl and Chlorine Gas Emissions).
4) The particulate matter standard of Section
				726.205
				remains in effect for a boiler that elects to comply with the alternative to
				the particulate matter standard under
				40
				CFR 63.1216(e) and
				63.1217(e),
				each incorporated by reference in 35 Ill. Adm. Code
				720.111(b)
				(as subpart EEE of 40 CFR 63 ).
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. In adopting this subsection (b), USEPA stated as follows (at 64 Fed
				  Reg. 52828, 52975 (November 30, 1999)):
Under [the approach adopted by USEPA as a] final rule, 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).