Ohio Admin. Code 3745-50-235 - Options for incinerators, cement kilns, lightweight aggregate kilns, solid fuel boilers, liquid fuel boilers, and hydrochloric acid production furnaces to minimize emissions from startup, shutdown, and malfunction events
(A) Facilities
with existing permits.
(1) Modifications to
permit conditions after documenting compliance with maximum achievable control
technology (MACT). The owner or operator of a hazardous waste permitted
incinerator, cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid
fuel boiler, or hydrochloric acid production furnace may request that the
director address permit conditions that minimize emissions from startup,
shutdown, and malfunction events under any of the following options when
requesting removal of permit conditions that are no longer applicable according
to paragraph (B) of rule
3745-57-40
of the Administrative Code and paragraph (B) of rule
3745-266-100
of the Administrative Code:
(a) Retain
relevant permit conditions. Under this option, the director will:
(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 under
40
CFR 63.1206(c)(2);
and
(ii) Limit applicability of
those permit conditions only to when the facility is operating under
its
the
facility's startup, shutdown, and malfunction plan.
(b) Revise relevant permit conditions.
(i) Under this option, the director will:
(a) 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.
(b) Retain or add these permit requirements
to the permit to apply only when the facility is operating under
its
the facility's
startup, shutdown, and malfunction plan.
(ii) Changes that may significantly increase
emissions.
(a) The owner or operator shall
notify the director 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
shall notify the director of such changes within five days after making such
changes. The owner or operator shall 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 director 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 either:
(i) Upon
permit renewal, or, if warranted.
(ii) By modifying the permit under rule
3745-50-51
of the Administrative Code.
(c) Remove permit conditions. Under this
option:
(i) The owner or operator shall
document that the startup, shutdown, and malfunction plan required under
40
CFR 63.1206(c)(2)
has been
was
approved by the director under
40
CFR 63.1206(c)(2)(ii)(B);
and
(ii) The director will remove
permit conditions that are no longer applicable according to paragraph (B) of
rule
3745-57-40
of the Administrative Code and paragraph (B) of rule
3745-266-100
of the Administrative Code.
(2) Addressing permit conditions
upon permit modification or renewal. 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
director a "Notification of Compliance" documenting compliance with 40 CFR Part
63 subpart EEE, may request in the
application to modify or renew the permit for the combustion unit that the
director control emissions from startup, shutdown, and malfunction events under
any of the following options:
(a)
.Resource
Resource Conservation and Recovery Act (RCRA) option
"A."
(i) Under this option, the director
will:
(a) Include, in the permit, conditions that ensure compliance with paragraphs
(A) and (C) of rule
3745-57-45
of the Administrative Code or paragraphs (E)(1) and (E)(1)(c) of rule
3745-266-102
of the Administrative Code to minimize emissions of toxic compounds from
startup, shutdown, and malfunction events, including releases from emergency
safety vents; and
(b) Specify that
these permit requirements apply only when the facility is operating under
its
the
facility's startup, shutdown, and malfunction plan; or
(ii)
[ Reserved.]
(b) RCRA option "B."
(i) Under this option, the director will:
(a) Include, in the permit conditions, provisions 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; and
(b) Specify
that these permit requirements apply only when the facility is operating under
its
the
facility's startup, shutdown, and malfunction plan.
(ii) Changes that may significantly increase
emissions.
(a) The owner or operator shall
notify the director 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
shall notify the director of such changes within five days after making such
changes. The owner or operator shall 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 director 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 either:
(i) Upon
permit renewal, or, if warranted.
(ii) By modifying the permit under rule
3745-50-51
of the Administrative Code; or
(c) Clean Air Act (CAA) option. Under this
option:
(i) The owner or operator shall
document that the startup, shutdown, and malfunction plan required under
40
CFR 63.1206(c)(2)
has been
was
approved by the director under
40
CFR 63.1206(c)(2)(ii) (B);
and
(ii) The director will omit
from the permit conditions that are not applicable under paragraph (B) of rule
3745-57-40
of the Administrative Code and paragraph (B) of rule
3745-266-100
of the Administrative Code.
(B) Facilities subject to interim standards.
(1) Interim standards operations. In
compliance with rule
3745-68-40
and paragraph (B) of rule
3745-266-100
of the Administrative Code, 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
standards requirements of Chapters 3745-65 to 3745-69 and 3745-256 or 3745-266
of the Administrative Code, 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 director a "Notification of Compliance"
documenting compliance with 40 CFR Part 63 subpart EEE.
(a) RCRA option. Under this option, the owner
or operator continues to comply with the interim standards emission standards
and operating requirements of Chapters 3745-65 to 3745-69 and 3745-256 or
3745-266 of the Administrative Code 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 standards of Chapters 3745-65 to 3745-69
and 3745-256 or 3745-266 of the Administrative Code relevant to control of
emissions of toxic compounds during startup, shutdown, and malfunction events
upon submittal of written notification and documentation to the director that
the startup, shutdown, and malfunction plan required under
40
CFR 63.1206(c)(2)
has been
was
approved by the director under
40
CFR
63.1206(c)(2)(ii)(B).
(2) Operations under a subsequent
hazardous waste 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
standards of Chapters 3745-65 to 3745-69 and 3745-256 or 3745-266 of the
Administrative Code submits a hazardous waste permit application, the owner or
operator may request that the director control emissions from startup,
shutdown, and malfunction events under any of the options provided by paragraph
(A)(2)(a), (A)(2)(b), or (A)(2)(c) of this rule.
(C) New units. Owners and operators of
hazardous waste incinerator, cement kiln, lightweight aggregate kiln, solid
fuel boiler, liquid fuel boiler, or hydrochloric acid production furnace units
that become subject to hazardous waste permit requirements after February 16,
2009 shall control emissions of toxic compounds during startup, shutdown, and
malfunction events under either of the following options:
(1) Comply with
40
CFR 63.1206(c)(2).
(2) Request to include in the hazardous waste
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 director will specify that these
permit conditions apply only when the facility is operating under
its
the
facility's startup, shutdown, and malfunction plan.
[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."]
Notes
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 02/16/2009, 10/31/2015
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