Ohio Admin. Code 3745-57-40 - Applicability- incinerators
(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 MACT standards.
(1) Except as provided by paragraphs (B)(2)
to (B)(5)
(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 the effective date of this
amendment
February 16, 2009 ; or no longer
apply when an owner or operator of an existing hazardous waste incineration
unit demonstrates compliance with the maximum achievable control technology
(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, rules
3745-55-10
to
3745-55-20,
or
3745-55-40
to
3745-55-51
of the Administrative Code, or 40 CFR Part 264 subparts BB and CC.
(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
you elect
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.
(5) The particulate matter standard
of paragraph (C) of rule 3745-57-43oftheAdministrativeCoderemainsin 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) .
(C)
After consideration of the waste analysis included with "Part B" of the permit
application, the director in establishing the permit conditions must 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 if:
(1) 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 it 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 it is reactive("Hazard Code R") for
characteristics other than those listed in paragraph (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 it
possesses the characteristic of ignitability, corrosivity, or both, as
described 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 it 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) 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 may exempt the applicant from all
requirements of rules 3745-57-40 to
3745-57-51 of the
Administrative Code except 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
3745-50-11oftheAdministrativeCodetitled"Incorporated by reference."]
Notes
R.C. 119.032 review dates: Exempt
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 01/07/1983, 08/26/1983 (Emer.), 11/29/1983, 05/29/1985 (Emer.), 08/29/1985, 01/30/1986, 05/28/1987, 02/11/1992, 12/07/2004, 02/16/2009
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