N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 373-1.12

Current through Register Vol. 46, No. 45, November 2, 2024

Section 373-1.12 - Integration with Maximum Achievable Control Technology (MACT) standards

(a) 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.

(1) Facilities with existing permits.

(i) Revisions to permit conditions after documenting compliance with MACT. The owner or operator of a Part 373-permitted incinerator, cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid production furnace 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and malfunction events under any of the following options when requesting removal of permit conditions that are no longer applicable according to sections 373-2.15(a)(3) and 374-1.8(a)(2) of this Title:

(a) retain relevant permit conditions. Under this option, the department will:

(1) 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 part 63, section 1206(c)(2) of subpart EEE, as incorporated by reference and implemented by section 200.10(a) and (d) of this Title; and

(2) Limit applicability of the permit conditions identified in subclause (1) of this clause to the period when the facility is operating under its startup, shutdown, and malfunction plan.

(b) revise relevant permit conditions.

(1) 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 the permit requirements identified in item (i) of this subclause to the permit to apply only when the facility is operating under its startup, shutdown, and malfunction plan.

(2) Changes that may significantly increase emissions.

(i) The owner or operator 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 owner or operator must notify the department of such changes within five days of making such changes. The owner or operator 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

(B) by modifying the permit under section 373-1.7 of this Subpart, if warranted;

(C) remove permit conditions. Under this option:

(I) the owner or operator must document that the startup, shutdown, and malfunction plan required under 40 CFR part 63, subpart EEE, section 1206(c)(2), has been approved by the department under 40 CFR part 63, subpart EEE, section 1206(c)(2)(ii)(B), as incorporated by reference and implemented by sections 200.10(a) and (d) of this Title; and

(II) the department will remove permit conditions that are no longer applicable according to sections 373-2.15(a)(3) and 374-1.8(a)(2) of this Title.

(ii) 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 department a Notification of Compliance documenting compliance with the standards of 40 CFR part 63, subpart EEE, as incorporated by reference and implemented by section 200.10(a) and (d) of this Title, 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:

(a) Part 373 option A.

(1) Under this option, the department will:

(i) Include, in the permit, conditions that ensure compliance with section 373-2.15(f)(1) and (3) of this Part or section 374-1.8(c)(5)(i) and (ii) (c) of this Title 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

(b) Part 373 option B.

(1) 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.

(2) Changes that may significantly increase emissions.

(A) upon permit renewal; or

(B) by modifying the permit under section 373-1.7 of this Subpart, if warranted; or

(C) CAA option. Under this option:

(I) The owner or operator must document that the startup, shutdown, and malfunction plan required under 40 CFR part 63, subpart EEE, section 1206(c)(2) has been approved by the department under 40 CFR part 63, subpart EEE, section 1206(c)(2)(ii)(B), as incorporated by reference and implemented by section 200.10(a) and (d) of this Title; and

(II) The department will omit, from the permit, conditions that are not applicable under sections 373-2.15(a)(3) and 374-1.8(a)(2) of this Title.

(2) Interim status facilities.

(i) Interim status operations. In compliance with sections 373-3.15(a) and 374-1.8(a)(2) of this Title, 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 Subpart 373-3 or 374-1 of this Title 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 40 CFR part 63, subpart EEE, as incorporated by reference and implemented by section 200.10(a) and (d) of this Title.

(a) Part 373 option. Under this option, the owner or operator continues to comply with the interim status emission standards and operating requirements of Subpart 373-3 or 374-1 of this Title relevant to control of emissions from startup, shutdown, and malfunction events. Those standards and requirements apply only during startup, shutdown, and malfunction events; or

(b) CAA option. Under this option, the owner or operator is exempt from the interim status standards of Subpart 373-3 or 374-1 of this Title 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 part 63, subpart EEE, section 1206(c)(2), as incorporated by reference and implemented by section 200.10(a) and (d) of this Title has been approved by the department under 40 CFR part 63, subpart EEE, section 1206(c)(2)(ii)(B), as incorporated by reference and implemented by section 200.10(a) and (d) of this Title.

(ii) Operations under a subsequent Part 373 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 Subpart 373-3 of this Part or 374-1 of this Title submits a Part 373 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 clauses (1)(ii)(a), (b) or (c) of this subdivision.

(3) New units. Hazardous waste incinerator, cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid production furnace units that became subject to this Part permit requirements after October 12, 2005 must control emissions of toxic compounds during startup, shutdown, and malfunction events under either of the following options:

(i) Comply with the requirements specified in 40 CFR part 63, subpart EEE section 1206(c)(2) as incorporated by reference and implemented by section 200.10(a) and (d) of this Title; or

(ii) Request to include Part 373 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 department will specify that these permit conditions apply only when the facility is operating under its startup, shutdown, and malfunction plan.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 373-1.12

Adopted New York State Register March 4, 2020/Volume XLII, Issue 09, eff. 4/18/2020