Ala. Admin. Code r. 335-14-8-.15

Current through Register Vol. 42, No. 11, August 30, 2024

Section 335-14-8-.15 - Integration With Maximum Achievable Control Technology (MACT) Standards

(1) Options for incinerators and cement and lightweight aggregate kilns 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 RCRA-permitted incinerator, cement kiln, or lightweight aggregate kiln may request that the Department 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and malfunction events under any of the following options when requesting removal of permit conditions that are no longer applicable according to 335-14-5-.15(1)(b) and 335-14-7-.08:

(i) Retain relevant permit conditions. Under this option, the Department will:

(I) 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); and

(II) 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.

(I) Under this option, the Department will:

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.

(II) Changes that may significantly increase emissions.

I. The facility must notify the Department 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. The facility must notify the Department of such changes within five days of making such changes. The facility must 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 Department 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:

A. Upon permit renewal, or, if warranted;

B. By modifying the permit under 335-14-8-.04(2)(a)

(iii) Remove permit conditions. Under this option:

(I) The owner or operator must document that the startup, shutdown, and malfunction plan required under 40 CFR 63.1206(c)(2) has been approved by the Department under 40 CFR 63.1206(c)(2)(ii)(B); and

(II) The Department will remove permit conditions that are no longer applicable according to 335-14-5-.15(1)(b) and 335-14-7-.08.

2. Addressing permit conditions upon permit reissuance. The owner or operator of an incinerator, cement kiln, or lightweight aggregate kiln that has conducted a comprehensive performance test and submitted to the Department a Notification of Compliance documenting compliance with the standards of 40 CFR 63, subpart EEE, may request in the application to reissue the permit for the combustion unit that the Department control emissions from startup, shutdown, and malfunction events under any of the following options:

(i) RCRA option A.

(I) Under this option, the Department will:

I. Include, in the permit, conditions that ensure compliance with 335-14-5-.15(6)(a) and (6)(c) or 335-14-7-.08 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) Reserved.

(ii) RCRA option B.

(I) Under this option, the Department will:

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.

(II) Changes that may significantly increase emissions.

I. The facility must notify the Department 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. The facility must notify the Department of such changes within five days of making such changes. The facility must 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 Department 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:

A. Upon permit renewal, or, if warranted;

B. By modifying the permit under 335-14-8-.04(2)(a); or

(iii) CAA option. Under this option:

(I) The owner or operator must document that the startup, shutdown, and malfunction plan required under 40 CFR 63.1206(c)(2) has been approved by the Department under 40 CFR 63.1206(c)(2)(ii)(B); and

(II) The Department will omit from the permit conditions that are not applicable under 335-14-5-.15(1) (b) and 335-14-7-.08.

(b) Interim status facilities.

1. Interim status operations. In compliance with 335-14-6-.15(1) and 335-14-7-.08, the owner or operator of an incinerator, cement kiln, or lightweight aggregate kiln that is operating under the interim status standards of 335-14-6 or 335-14-7 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 Department a Notification of Compliance documenting compliance with the standards of 335-3-11-.06(56):

(1) RCRA option. Under this option, the owner or operator continues to comply with the interim status emission standards and operating requirements of 335-14-6 or 335-14-7 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 335-14-6 or 335-14-7 relevant to control of emissions of toxic compounds during startup, shutdown, and malfunction events upon submission of written notification and documentation to the Department that the startup, shutdown, and malfunction plan required under 40 CFR 63.1206(c)(2) has been approved by the Department under 40 CFR 63.1206(c) (2) (ii) (B).

2. Operations under a subsequent RCRA permit. When an owner or operator of an incinerator, cement kiln, or lightweight aggregate kiln that is operating under the interim status standards of 335-14-6 or 335-14-7 submits a RCRA permit application, the owner or operator may request that the Department control emissions from startup, shutdown, and malfunction events under any of the options provided by 335-14-8-.15(1)(a)2.(i), (ii), or (iii).

(2) Reserved.

Ala. Admin. Code r. 335-14-8-.15

New Rule: Filed March 13, 2003; effective April 17, 2003. Amended: Filed February 28, 2012; effective April 3, 2012.

Authors: C. Edwin Johnston, Heather M. Jones

Statutory Authority:Code of Ala. 1975, §§ 22-30-11, 22-30-12, 22-30-16, 22-30-19.