R315-264-340. Incinerator -- Applicability

  (a) The regulations of Sections R315-264-340 through 351 apply to owners and operators of hazardous waste incinerators, as defined in Section R315-260-10, except as Section R315-264-1 provides otherwise.

  (b) Integration of the MACT standards.

  (1) Except as provided by Subsections R315-264-340(b)(2) through (b)(4), the standards of Rule R315-264 do not apply to a new hazardous waste incineration 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 incineration unit demonstrates compliance with the maximum achievable control technology (MACT) requirements of Section R307-214-2 by conducting a comprehensive performance test and submitting to the Director a Notification of Compliance under Section R307-14-2 documenting compliance with the requirements of Section R307-14-2. Nevertheless, even after this demonstration of compliance with the MACT standards, RCRA permit conditions that were based on the standards of Rule R315-264 shall 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 MACT standards do not replace the closure requirements of Section R315-264-351 or the applicable requirements of Sections R315-264-1 through 4, 10 though 19, 30 through 37, 50 through 56, 70 through 77, 90 through 101, 110 through 120, 140 through 151, 1050 through 1065 and 1080 through 1090.

  (3) The particulate matter standard of Subsection R315-264-343(c) remains in effect for incinerators that elect to comply with the alternative to the particulate matter standard under Section R307-214-2.

  (4) The following requirements remain in effect for startup, shutdown, and malfunction events if you elect to comply with Subsection R35-270-235(a)(1)(i) to minimize emissions of toxic compounds from these events:

  (i) Subsection R315-264-345(a) requiring that an incinerator operate in accordance with operating requirements specified in the permit; and

  (ii) Subsection R315-264-345(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.

  (c) After consideration of the waste analysis included with part B of the permit application, the Director, in establishing the permit conditions, shall exempt the applicant from all requirements of Sections R315-264-340 through 351 except Section R315-264-341, Waste analysis, and Section R315-264-351, Closure,

  (1) If the Director finds that the waste to be burned is:

  (i) Listed as a hazardous waste in Sections R315-261-30 through 35 solely because it is ignitable, Hazard Code I, corrosive, Hazard Code C, or both; or

  (ii) Listed as a hazardous waste in Sections R315-261-30 through 35 solely because it is reactive, Hazard Code R, for characteristics other than those listed in Subsections R315-261-23(a)(4) and (5), and will not be burned when other hazardous wastes are present in the combustion zone; or

  (iii) A hazardous waste solely because it possesses the characteristic of ignitability, corrosivity, or both, as determined by the test for characteristics of hazardous wastes under Sections R315-261-20 through 24; or

  (iv) A hazardous waste solely because it possesses any of the reactivity characteristics described by Subsections R315-261-23(a)(1), (2), (3), (6), (7), and (8), and will not be burned when other hazardous wastes are present in the combustion zone; and

  (2) If the waste analysis shows that the waste contains none of the hazardous constituents listed in Rule R315-261, appendix VIII, which would reasonably be expected to be in the waste.

  (d) If the waste to be burned is one which is described by Subsections R315-264-340(b)(1)(i), (ii), (iii), or (iv) and contains insignificant concentrations of the hazardous constituents listed in Rule R315-261, appendix VIII, then the Director may, in establishing permit conditions, exempt the applicant from all requirements of Sections R315-264-340 through 351, except Section R315-264-341, Waste analysis, and Section R315-264-351, Closure, 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 Section R315-270-62, Short term and incinerator permits.