R315-270-235. Hazardous Waste Permit Program -- Integration with Maximum Achievable Control Technology (MACT) Standards -- 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) Revisions to permit conditions after documenting compliance with 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and malfunction events under any of the following options when requesting removal of permit conditions that are no longer applicable according to Subsections R315-264-340(b) and R315-266-100(b):

  (i) Retain relevant permit conditions. Under this option, the Director shall:

  (A) 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), which is incorporated by reference in Subsection R307-214-2(39); and

  (B) Limit applicability of those permit conditions only to when the facility is operating under its startup, shutdown, and malfunction plan.

  (ii) Revise relevant permit conditions.

  (A) Under this option, the Director shall:

  (I) 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) Retain or add these permit requirements to the permit to apply only when the facility is operating under its startup, shutdown, and malfunction plan.

  (B) Changes that may significantly increase emissions.

  (I) You 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. You shall notify the Director of such changes within five days of making such changes. You 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.

  (II) 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:

  (IIi) Upon permit renewal, or, if warranted;

  (IIii) By modifying the permit under Subsection R315-270-41(a) or Section R315-270-42.

  (iii) Remove permit conditions. Under this option:

  (A) The owner or operator shall document that the startup, shutdown, and malfunction plan required under 40 CFR 63.1206(c)(2), which is incorporated by reference in Subsection R307-214-2(39), has been approved by the Director of the Division of Air Quality under 40 CFR 63.1206(c)(2)(ii)(B), which is incorporated by reference in Subsection R307-214-2(39); and

  (B) The Director shall remove permit conditions that are no longer applicable according to Subsections R315-264-340(b) and R315-266-100(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 Director of the Division of Air Quality a Notification of Compliance documenting compliance with the standards of Subsection R315-214-2(39), which adopts 40 CDR 63 subpart EEE by reference, may request in the application to reissue the permit for the combustion unit that the Director control emissions from startup, shutdown, and malfunction events under any of the following options:

  (i) RCRA option A.

  (A) Under this option, the Director shall:

  (I) Include, in the permit, conditions that ensure compliance with Subsections R315-264-345(a) and 345(c) or Subsections R315-266-102(e)(1) and 102(e)(2)(iii) 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

  (ii) RCRA option B.

  (A) Under this option, the Director shall:

  (I) 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; and

  (II) Specify that these permit requirements apply only when the facility is operating under its startup, shutdown, and malfunction plan.

  (B) Changes that may significantly increase emissions.

  (I) You 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. You shall notify the Director of such changes within five days of making such changes. You 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.

  (II) 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:

  (IIi) Upon permit renewal, or, if warranted;

  (IIii) By modifying the permit under Subsection R315-270-41(a) or Section R315-270-42; or

  (iii) CAA option. Under this option:

  (A) The owner or operator shall document that the startup, shutdown, and malfunction plan required under 40 CFR 63.1206(c)(2), which is incorporated by reference in Subsection R307-214-2(39), has been approved by the Director of the Division of Air Quality under 40 CFR 63.1206(c)(2)(ii)(B), which is incorporated by reference in Subsection R307-214-2(39); and

  (B) The Director shall omit from the permit conditions that are not applicable under Subsections R315-264-340(b) and R315-266-100(b).

  (b) Interim status facilities

  (1) Interim status operations. In compliance with Section R315-265-340 and Subsection R315-266-100(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 Rule R315-265 or 266 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 of the Division of Air Quality a Notification of Compliance documenting compliance with the standards of Subsection R307-214-2(39), which adopts 40 CFR 63 subpart EEE by reference.

  (i) RCRA option. Under this option, the owner or operator continues to comply with the interim status emission standards and operating requirements of Rules R315-265 or 266 relevant to control of emissions from startup, shutdown, and malfunction events. Those standards and requirements apply only during startup, shutdown, and malfunction events; or

  (ii) CAA option. Under this option, the owner or operator is exempt from the interim status standards of Rules R315-265 or 266 relevant to control of emissions of toxic compounds during startup, shutdown, and malfunction events upon submission of written notification and documentation to the Director that the startup, shutdown, and malfunction plan required under 40 CFR 63.1206(c)(2), which is incorporated by reference in Subsection R307-214-2(39), has been approved by the Director of the Division of Air Quality under 40 CFR 63.1206(c)(2)(ii)(B), which is incorporated by reference in Subsection R307-214-2(39).

  (2) Operations under a subsequent RCRA 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 Rules R315-265 or 266 submits a RCRA 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 Subsection R315-270-235(a)(2)(i), (a)(2)(ii), or (a)(2)(iii).

  (c) New units. 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 October 12, 2005 shall control emissions of toxic compounds during startup, shutdown, and malfunction events under either of the following options:

  (1) Comply with the requirements specified in 40 CFR 63.1206(c)(2), which is incorporated by reference in Subsection R307-214-2(39); or

  (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 shall specify that these permit conditions apply only when the facility is operating under its startup, shutdown, and malfunction plan.