R 299.9623 Incinerators.

Rule 623. (1) Owners and operators of facilities that incinerate hazardous waste shall comply with all requirements of this rule, except as subrule (2) of this rule provides otherwise. The following facility owners or operators are considered to incinerate hazardous waste: (a) Owners or operators of hazardous waste incinerators as defined in R 299.9104. (b) Owners or operators that burn hazardous waste in boilers or in industrial furnaces to destroy the wastes. (2) Except as noted in this subrule and subrule (3) of this rule, part 6 of the rules does not apply to owners and operators of new hazardous waste incinerators that become subject to the license requirements of these rules after October 12, 2005, or to owners or operators of existing facilities that incinerate hazardous waste if the owner or operator demonstrates compliance with the air emission standards and limitations in 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 63.1210(d) that documents compliance with the requirements of 40 CFR part 63, subpart EEE. Nevertheless, even after this compliance demonstration is made, the operating license conditions that are based on the standards of part 6 of the rules will continue to be in effect until they are removed from the operating license or the operating license is terminated or revoked, unless the operating license expressly provides otherwise. The director may apply this subrule and subrule (3) of this rule, on a case-by-case basis, for collecting information pursuant to R 299.9504(18) and (20) and R 299.9521(3)(b) and (c). (3) The maximum achievable control technology standards of 40 CFR part 63, subpart EEE, do not supersede any of the following requirements: (a) R 299.9601, R 299.9605 to R 299.9610, R 299.9612, R 299.9613, R 299.9630, R 299.9631, and part 7 of these rules. (b) The particulate matter standard of 40 CFR 264.343(c) if the owner or operator elects to comply with the alternative to the particulate standard of 40 CFR 63.1206(b)(14) and 63.1219(e). (c) The following requirements remain in effect for startup, shutdown, and malfunction events even if a person elects to comply with 40 CFR 270.235(a)(1)(i) to minimize emissions of toxic compounds from these events: (i) The requirements of 40 CFR 264.345(a) that require that an incinerator operate pursuant to the operating requirements specified in the operating license. (ii) The requirements of 40 CFR 264.345(c) that require 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. (4) Owners and operators of facilities that incinerate hazardous waste shall comply with 40 CFR part 264, subpart O, except 40 CFR 264.340(a) to (d) and 264.344(a)(2) and (b). (5) The owner or operator of a hazardous waste incinerator shall burn only wastes specified in the owner or operator’s operating license and only under operating conditions specified for those wastes under this rule, except in approved trial burns or trial operations. Other hazardous wastes may be burned only after operating conditions have been specified in an operating license. Operating requirements for new wastes may be based on either trial burn results or alternative data included with the operating license application. (6) The operating license for a new incinerator or the expansion, enlargement, or alteration of an existing incinerator must establish appropriate conditions for each of the applicable requirements of this part, including, but not limited to, allowable waste feeds and operating conditions necessary to meet the requirements of 40 CFR 264.345 and sufficient to comply with 40 CFR 264.344(c)(1) and (2) for the period before and during the trial burn. (7) The director may require trial operation of an incinerator and the submittal of a trial operations plan containing the information specified in 40 CFR 270.62(b)(2) under the following circumstances: (a) Before the renewal of an incinerator's operating license under part 111. (b) Before the licensing of an incinerator newly subjected to the license requirements of part 111 and these rules. (c) Before the approval of new waste types through an operating license modification. (d) The director has evidence that an incinerator may be emitting hazardous constituents in quantities that violate part 55 or these rules. (8) The requirements of 40 CFR 270.62(a) to (d) apply to facilities incinerating hazardous waste, except as otherwise provided in these rules. (9) An incinerator burning hazardous waste must be designed, constructed, and maintained so that it complies with part 55. (10) The director may, in addition, specify 1 or more principal organic hazardous constituents from the lists of hazardous waste or hazardous constituents contained in tables 201 to 206 of these rules. (11) The provisions of 40 CFR part 63, subpart EEE; 40 CFR part 261, appendix VIII; 40 CFR part 264, subpart O, except 40 CFR 264.340(a) to (d) and 264.344(a)(2) and (b); and 40 CFR 270.62(a) to (d) and 270.235(a)(1)(i), are adopted by reference in R 299.11003. For the purposes of this adoption, the references to "§124.10" are replaced with "R 299.9511," "270.19" is replaced with "R 299.9504," "§270.42" is replaced with "R 299.9519," and the word "permit" is replaced with "operating license."