R 299.9640 Options for incinerators, cement kilns, and lightweight aggregate kilns to minimize emissions from startup, shutdown, and malfunction events.

Rule 640. (1) Owners and operators of licensed incinerators, cement kilns, lightweight aggregate kilns, solid fuel boilers, liquid fuel boilers, or hydrochloric acid production furnaces may request that the director address operating license conditions that minimize emissions from startup, shutdown, and malfunction events under any of the options in 40 CFR 270.235(a) when requesting removal of or operating license conditions that are no longer applicable according to R 299.9623(2) or R 299.9808(4). (2) Owners and operators of interim status incinerators, cement kilns, lightweight aggregate kilns, solid fuel boilers, liquid fuel boilers, or hydrochloric acid production furnaces operating under parts 6 and 8 of these rules 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) The owner or operator continues to comply with the emission standards and operating requirements of parts 6 and 8 of these rules relevant to control of emissions from startup, shutdown, and malfunction events. Those standards and requirements only apply during startup, shutdown, and malfunction events. (b) The owner or operator is exempt from the standards of parts 6 and 8 of these rules relevant to control of emissions of toxic compounds during startup, shutdown, and malfunction events on submission of written notification and documentation to the director that the startup, shutdown, and malfunction plan required pursuant to 40 CFR 63.1206(c)(2) has been approved by the department pursuant to 40 CFR 63.1206(c)(2)(ii). (3) When an owner or operator of an interim status incinerator, cement kiln, or lightweight kiln operating under parts 6 and 8 of these rules submits an operating license application to the director, the owner or operator may request that the director control emissions from startup, shutdown, and malfunction events under subrule (1) of this rule. (4) Hazardous waste incinerators, cement kilns, lightweight aggregate kilns, solid fuel boilers, liquid fuel boilers, or hydrochloric acid production furnaces that become subject to the licensing requirements of these rules after October 12, 2005, must control emissions of toxic compounds during startup, shutdown, and malfunction events in accordance with 40 CFR 270.235(c). (5) The provisions of 40 CFR 270.235(a) and (c) are adopted by reference in R 299.11003. For the purposes of this adoption, the word "permit" means "operating license," and references to "264.340(b)" means "R 299.9623(2)," "266.100(b)" means "R 299.9808(4)," and "270.41(a)" and "270.42" means "R 299.9519."