a) Facilities with Existing Permits
1) Revisions to permit conditions after
documenting compliance with MACT. The owner or operator of a RCRA-permitted
incinerator, cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid
fuel boiler, or hydrochloric acid production furnace, when requesting removal
of permit conditions that are no longer applicable according to 35 Ill. Adm.
Code
724.440(b) and
726.200(b), may
request that the Agency address permit conditions that minimize emissions from
startup, shutdown, and malfunction events under any of the following options:
A) Retain Relevant Permit Conditions. Under
this option, the Agency must do the following:
i) Retain permit conditions that address
releases during startup, shutdown, and malfunction events, including releases
from emergency safety vents, as these events are defined in the facility's
startup, shutdown, and malfunction plan required pursuant to
40
CFR
63.1206(c)(2) (When and
How Must You Comply with the Standards and Operating Requirements?),
incorporated by reference in 35 Ill. Adm. Code
720.111(b);
and
ii) Limit applicability of
those permit conditions only to when the facility is operating under its
startup, shutdown, and malfunction plan.
B) Revise Relevant Permit Conditions. Under
this option, the following must occur:
i) The
Agency must identify a subset of relevant existing permit requirements, or
develop alternative permit requirements, that ensure emissions of toxic
compounds are minimized from startup, shutdown, and malfunction events,
including releases from emergency safety vents, based on review of information
including the source's startup, shutdown, and malfunction plan, design, and
operating history;
ii) The Agency
must retain or add these permit requirements to the permit to apply only when
the facility is operating under its startup, shutdown, and malfunction plan;
and
iii) The owner or operator must
comply with subsection (a)(3).
BOARD NOTE: The Board found it necessary to deviate from the
structure of corresponding
40
CFR 270.235(a)(1)(ii) in
this subsection (a)(1)(B) in order to comport with Illinois Administrative Code
codification requirements. The substance of
40
CFR 270.235(a)(1)(ii)(A),
(a)(1)(ii)(A) (1), and
(a)(1)(ii)(A)(2) appear as subsections (a)(1)(B),
(a)(1)(B)(i), and (a)(1)(B)(ii). The substance of
40
CFR 270.235(a)(1)(ii)(B) has
been codified as subsection (a)(3). The Board added subsection (a)(1)(B)(iii)
to direct attention to subsection (a)(3).
C) Remove Permit Conditions. Under this
option the following are required:
i) The
owner or operator must document that the startup, shutdown, and malfunction
plan required pursuant to
40
CFR
63.1206(c)(2) has been
approved pursuant to
40
CFR
63.1206(c)(2)(ii)(B);
and
ii) The Agency must remove
permit conditions that are no longer applicable according to 35 Ill. Adm. Code
724.440(b) and
726.200(b).
2) Addressing Permit
Conditions upon Permit Reissuance. The owner or operator of an incinerator,
cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler,
or hydrochloric acid production furnace that has conducted a comprehensive
performance test and submitted to the Agency a Notification of Compliance
documenting compliance with the standards 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), may
request in the application to reissue the permit for the combustion unit that
the Agency control emissions from startup, shutdown, and malfunction events
under any of the following options:
A) RCRA
Option A. Under this option, the Agency must do the following:
i) Include, in the permit, conditions that
ensure compliance with 35 Ill. Adm. Code
724.445(a) and
(c) or
726.202(e)(1) and
(e)(2)(C) to minimize emissions of toxic
compounds from startup, shutdown, and malfunction events, including releases
from emergency safety vents; and
ii) Specify that these permit requirements
apply only when the facility is operating under its startup, shutdown, and
malfunction plan; or
BOARD NOTE: The Board found it necessary to deviate from the
structure of corresponding
40
CFR 270.235(a)(2)(i) in this
subsection (a)(2)(A) in order to comport with Illinois Administrative Code
codification requirements. The substance of
40
CFR 270.235(a)(2)(i)(A),
(a)(2)(i)(A) (1), and
(a)(2)(i)(A)(2) appear as subsections (a)(2)(A), (a)(2)(A)(i),
and (a)(2)(A)(ii).
B) RCRA Option B. Under this option, the
following must occur:
i) The Agency must
include, in the permit, conditions that ensure emissions of toxic compounds are
minimized from startup, shutdown, and malfunction events, including releases
from emergency safety vents, based on review of information including the
source's startup, shutdown, and malfunction plan, design, and operating
history;
ii) The Agency must
specify that these permit requirements apply only when the facility is
operating under its startup, shutdown, and malfunction plan; and
iii) The owner or operator must comply with
subsection (a)(3) of this Section; and
BOARD NOTE: The Board found it necessary to deviate from the
structure of corresponding
40
CFR 270.235(a)(2)(ii) in
this subsection (a)(2)(B) in order to comport with Illinois Administrative Code
codification requirements. The substance of
40
CFR 270.235(a)(2)(ii)(A),
(a)(2)(ii)(A) (1), and
(a)(2)(ii)(A)(2) appear as subsections (a)(2)(B),
(a)(2)(B)(i), and (a)(2)(B)(ii). The substance of
40
CFR 270.235(a)(2)(ii)(B) has
been codified as subsection (a)(3). The Board added subsection (a)(2)(B)(iii)
to direct attention to subsection (a)(3).
C) CAA Option. Under this option the
following are required:
i) The owner or
operator must document that the startup, shutdown, and malfunction plan
required pursuant to
40
CFR
63.1206(c)(2) has been
approved pursuant to
40
CFR
63.1206(c)(2)(ii)(B);
and
ii) The Agency must omit from
the permit conditions that are not applicable pursuant to 35 Ill. Adm. Code
724.440(b) and
726.200(b).
3) Changes That May
Significantly Increase Emissions
A) The owner
or operator must notify the Agency in writing of changes to the startup,
shutdown, and malfunction plan or changes to the design of the source that may
significantly increase emissions of toxic compounds from startup, shutdown, or
malfunction events, including releases from emergency safety vents. The owner
or operator must notify the Agency of such changes within five days of making
such changes. The owner or operator must identify in the notification
recommended revisions to permit conditions necessary as a result of the changes
to ensure that emissions of toxic compounds are minimized during these
events.
B) The Agency may revise
permit conditions as a result of these changes to ensure that emissions of
toxic compounds are minimized during startup, shutdown, or malfunction events,
including releases from emergency safety vents in either of the following ways:
i) Upon permit renewal; or
b) Interim Status Facilities
1) Interim status operations. In compliance
with 35 Ill. Adm. Code
725.440 and
726.200(b), the
owner or operator of an incinerator, cement kiln, lightweight aggregate kiln,
solid fuel boiler, liquid fuel boiler, or hydrochloric acid production furnace
that is operating under the interim status standards of 35 Ill. Adm. Code
725
or
726 may control emissions of toxic compounds during startup, shutdown, and
malfunction events under either of the following options after conducting a
comprehensive performance test and submitting to the Agency a Notification of
Compliance documenting compliance with the standards of subpart EEE of 40 CFR
63:
A) RCRA Option. Under this option, the
owner or operator must continue to comply with the interim status emission
standards and operating requirements of 35 Ill. Adm. Code
725 or
726 relevant
to control of emissions from startup, shutdown, and malfunction events. Those
standards and requirements apply only during startup, shutdown, and malfunction
events; or
B) CAA Option. Under
this option, the owner or operator is exempt from the interim status standards
of 35 Ill. Adm. Code
725 or
726 relevant to control of emissions of toxic
compounds during startup, shutdown, and malfunction events upon submission of
written notification and documentation to the Agency that the startup,
shutdown, and malfunction plan required pursuant to
40
CFR
63.1206(c)(2) has been
approved pursuant to
40
CFR
63.1206(c)(2)(ii)(B).
2) Operations Under a Subsequent
RCRA Permit permit. When an owner or operator of an incinerator, cement kiln,
lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, or
hydrochloric acid production furnace that is operating under the interim status
standards of 35 Ill. Adm. Code
725 or
726 submits a RCRA permit application,
the owner or operator may request that the Agency control emissions from
startup, shutdown, and malfunction events under any of the options provided by
subsection (a)(2)(A), (a)(2)(B), or (a)(2)(C) of this Section.
c) New Units. A hazardous waste
incinerator, cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid
fuel boiler, or hydrochloric acid production furnace unit that becomes subject
to RCRA permit requirements must control emissions of toxic compounds during
startup, shutdown, and malfunction events under either of the following
options:
1) It may comply with the
requirements specified in
40
CFR
63.1206(c)(2),
incorporated by reference in 35 Ill. Adm. Code
720.111(b); or
2) It may request to include in the RCRA
permit, conditions that ensure emissions of toxic compounds are minimized from
startup, shutdown, and malfunction events, including releases from emergency
safety vents, based on review of information, including the source's startup,
shutdown, and malfunction plan and design. The Agency must specify that these
permit conditions apply only when the facility is operating under its startup,
shutdown, and malfunction plan.
