Current through Register Vol. 50, No. 9, March 1, 2024
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
224.10-100 requires the Environmental and
Public Protection Cabinet to prescribe administrative regulations for the
prevention, abatement, and control of air pollution. This administrative
regulation is to provide for the establishment of monitoring requirements,
performance testing requirements, and other general provisions as related to
new sources.
Section 1. Applicability.
The provisions of this chapter shall apply to the owner or operator of any new
source for which a standard of performance has been promulgated under this
chapter.
Section 2. Performance
Tests.
(1) Within sixty (60) days after
achieving the maximum production rate at which the affected facility will be
operated, but not later than 180 days after initial start-up of such facility
and at such other times as may be required by the cabinet, the owner or
operator of any affected facility except those affected facilities specified
below shall conduct performance test(s) according to
401 KAR 50:045
and furnish the cabinet a written report of the results of such performance
test(s).
(a) Process operation with a process
weight rate of less than 100 tons per hour;
(b) Indirect heat exchanger of 250 million
BTU heat input per hour or less;
(c) Incinerator with a charging rate of
forty-five (45) metric tons per day (fifty (50) tons/day) or less;
(d) Affected facilities specified in
401
KAR 59:046, 401 KAR 59:048,
401 KAR
59:050,
401 KAR
59:090,
401 KAR
59:095,
401 KAR
59:101,
401 KAR
59:175, 401 KAR 59:180,
401 KAR
59:185,
401 KAR
59:190, 401 KAR 59:195, 401 KAR 59:200,
401
KAR 59:210,
401
KAR 59:212,
401
KAR 59:214, 401 KAR 59:215, 401 KAR 59:220,
401
KAR 59:225,
401
KAR 59:230, 401 KAR 59:235, and
401 KAR
59:240.
(2) The cabinet may require the owner or
operator of any affected facility specified in subsection (1)(a) to (d) of this
section to conduct performance test(s) according to
401 KAR 50:045
and furnish a written report of the results of such performance
test(s).
Section 3.
Notification and Recordkeeping. Nothing in this section shall relieve the owner
or operator from the responsibility of obtaining the appropriate permits
required in 401 KAR Chapter 52.
(1) Any owner
or operator subject to the provisions of this administrative regulation shall
furnish the cabinet written notification as follows:
(a) A notification of the date of
construction, reconstruction, or modification of an affected facility is
commenced, postmarked no later than thirty (30) days after such date;
(b) A notification of the anticipated date of
initial start-up of an affected facility postmarked not more than sixty (60)
days nor less than thirty (30) days prior to such date;
(c) A notification of the actual date of
initial start-up of an affected facility postmarked within fifteen (15) days
after such date;
(d) A notification
of any physical or operational change to an affected facility which may
increase the emission rate of any air pollutant to which a standard applies.
This notice shall be postmarked sixty (60) days or as soon as practicable
before the change is commenced and shall include information describing the
precise nature of the change, present and proposed emission control systems,
productive capacity of the facility before and after the change, and the
expected completion date of the change. The cabinet may request additional
relevant information subsequent to this notice;
(e) A notification of the date upon which
demonstration of the continuous monitoring system performance commences in
accordance with Section 4(3) of this administrative regulation. Notification
shall be postmarked not less than thirty (30) days prior to such
date.
(2) Any owner or
operator subject to the provisions of this chapter shall maintain records of
the occurrence and duration of any start-up, shutdown, or malfunction in the
operation of an affected facility; any malfunction of the air pollution control
equipment; or any periods during which a continuous monitoring system or
monitoring device is inoperative.
(3) Each owner or operator required to
install a continuous monitoring system shall submit for every calendar quarter
a written report of excess emissions (as defined in applicable sections) to the
cabinet. Both a printed report and computer tape or cards shall be furnished in
the format specified by the cabinet. All quarterly reports shall be postmarked
by the 30th day following the end of each calendar quarter and shall include
the following information:
(a) The magnitude
of excess emissions computed in accordance with Section 4(8) of this
administrative regulation, any conversion factor(s) used, and the date and time
of commencement and completion of each time period of excess
emissions;
(b) All hourly averages
shall be reported for sulfur dioxide and nitrogen oxides monitors. The hourly
averages shall be made available on computer tape or cards;
(c) Specific identification of each period of
excess emissions that occurs during start-ups, shutdowns, and malfunctions of
the affected facility. The nature and cause of any malfunction (if known), the
corrective action taken or preventative measures adopted;
(d) The date and time identifying each period
during which the continuous monitoring system was inoperative except for zero
and span checks and the nature of the system repairs or adjustments;
(e) When no excess emissions have occurred or
the continuous monitoring system(s) have not been inoperative, repaired, or
adjusted, such information shall be stated in the report.
(4) Any owner or operator subject to the
provisions of this chapter shall maintain a file of all measurements, including
continuous monitoring system, monitoring device, and performance testing
measurement; all continuous monitoring system performance evaluations; all
continuous monitoring system or monitoring device calibration checks;
adjustments and maintenance performed on these systems or devices; and all
other information required by this chapter recorded in a permanent form
suitable for inspection. The file shall be retained for at least two (2) years
following the date of such measurements, maintenance, reports, and
records.
Section 4.
Monitoring Requirements.
(1) All continuous
monitoring systems required under the administrative regulations of this
chapter shall be subject to the provisions of this section upon promulgation of
performance specifications for continuous monitoring system under Appendix B of
40 C.F.R. 60, filed by reference in
401 KAR
50:015, unless:
(a)
The continuous monitoring system is subject to the provisions of subsection
(3)(b) and (c) of this section; or
(b) Otherwise specified in an applicable
administrative regulation or by the cabinet.
(2) All continuous monitoring systems and
monitoring devices shall be installed and operational prior to conducting
performance tests under Section 2 of this administrative regulation.
Verification of operational status shall, as a minimum, consist of the
following:
(a) For continuous monitoring
systems referenced in subsection (3)(a) of this section, completion of the
conditioning period specified by applicable requirements in Appendix B to 40
C.F.R. 60;
(b) For continuous
monitoring systems referenced in subsection (3)(b) of this section, completion
of seven (7) days of operation;
(c)
For monitoring devices referenced in applicable administrative regulations,
completion of the manufacturer's written requirements or recommendations for
checking the operation or calibration of the device.
(3) During any performance tests required
under Section 2 of this administrative regulation or within thirty (30) days
thereafter and at such other times as may be required by the cabinet, the owner
or operator of any affected facility shall conduct continuous monitoring system
performance evaluations and furnish the cabinet within sixty (60) days thereof
a copy of a written report of the results of such tests. These continuous
monitoring system performance evaluations shall be conducted in accordance with
the following specifications and procedures:
(a) Continuous monitoring systems listed
within this paragraph except as provided in paragraph (b) of this subsection
shall be evaluated in accordance with the requirements and procedures contained
in the applicable performance specification of Appendix B to 40 C.F.R. 60 as
follows:
1. Continuous monitoring systems for
measuring opacity of emissions shall comply with Performance Specification
1;
2. Continuous monitoring systems
for measuring nitrogen oxides emissions shall comply with Performance
Specification 2;
3. Continuous
monitoring systems for measuring sulfur dioxide emissions shall comply with
Performance Specification 2;
4.
Continuous monitoring systems for measuring the oxygen content or carbon
dioxide content of effluent gases shall comply with Performance Specification
3.
(b) An owner or
operator who, prior to September 11, 1974, entered into a binding contractual
obligation to purchase specific continuous monitoring system components or who,
prior to October 6, 1975, installed continuous monitoring equipment, shall
comply with the following requirements:
1.
Continuous monitoring systems for measuring opacity of emissions shall be
capable of measuring emission levels within plus or minus twenty (20) percent
with a confidence level of ninety-five (95) percent. The Calibration Error Test
and associated calculation procedures set forth in Performance Specification 1
of Appendix B to 40 C.F.R. 60 shall be used for demonstrating compliance with
this specification;
2. Continuous
monitoring systems for measurement of nitrogen oxides or sulfur dioxide shall
be capable of measuring emission levels within plus or minus twenty (20)
percent with a confidence level of ninety-five (95) percent. The Calibration
Error Test, the Field Test for Accuracy (Relative), and associated operating
and calculation procedures set forth in Appendix B to 40 C.F.R. 60 shall be
used for demonstrating compliance with this specification;
3. Owners or operators of all continuous
monitoring systems installed on an affected facility prior to October 6, 1975,
may be required to conduct tests under subparagraphs 1. and/or 2. of this
paragraph if so requested by the cabinet.
(c) All continuous monitoring systems
referenced by paragraph (b) of this subsection shall be upgraded or replaced
(if necessary) with new continuous monitoring systems, and the new or improved
systems shall be demonstrated to comply with applicable performance
specifications under paragraph (a) of this subsection on or before September
11, 1979.
(4) Owners or
operators of all continuous monitoring systems installed in accordance with the
provisions of this administrative regulation shall check the zero and span
drift at least once daily in accordance with the method prescribed by the
manufacturer of such systems unless the manufacturer recommends adjustments at
shorter intervals, in which case such recommendations shall be followed. The
zero and span shall, as a minimum, be adjusted whenever the twenty-four (24)
hour zero drift or twenty-four (24) hour calibration drift limits of the
applicable performance specifications in Appendix B to 40 C.F.R. 60 are
exceeded. For continuous monitoring systems measuring opacity of emissions, the
optical surfaces exposed to the effluent gases shall be cleaned prior to
performing the zero or span drift adjustments except that, for systems using
automatic zero adjustments, the optical surfaces shall be cleaned when the
cumulative automatic zero compensation exceeds four (4) percent opacity. Unless
otherwise approved by the cabinet, the following procedures, as applicable,
shall be followed:
(a) For extractive
continuous monitoring systems measuring gases, minimum procedures shall include
introducing applicable zero and span gas mixtures into the measurement system
as near the probe as is practical. Span and zero gases certified by their
manufacturer to be traceable to National Bureau of Standards reference gases
shall be used whenever these reference gases are available. The span and zero
gas mixtures shall be the same composition as specified in Appendix B to 40
C.F.R. 60. Every six (6) months from date of manufacture, span and zero gases
shall be reanalyzed by conducting triplicate analyses with Reference Method 6
for sulfur dioxide, Reference Method 7 for nitrogen oxides, and Reference
Method 3 for oxygen and carbon dioxide;
(b) For nonextractive continuous monitoring
systems measuring gases, minimum procedures shall include upscale check(s)
using a certified calibration gas cell or test cell which is functionally
equivalent to a known gas concentration. The zero check may be performed by
computing the zero value from upscale measurements or by mechanically producing
a zero condition;
(c) For
continuous monitoring systems measuring opacity of emissions, minimum
procedures shall include a method for producing a simulated zero opacity
condition and an upscale (span) opacity condition using a certified neutral
density filter or other related technique to produce a known obscuration of the
light beam. Such procedures shall provide a system check of the analyzer
internal optical surfaces and all electronic circuitry including the lamp and
photodetector assembly.
(5) Except for system breakdowns, repairs,
calibration checks, and zero and span adjustments required under subsection (4)
of this section, all continuous monitoring systems shall be in continuous
operation and shall meet minimum frequency of operation requirements as
follows:
(a) All continuous monitoring systems
referenced by subsection (3)(a) and (b) of this section for measuring opacity
of emissions shall complete a minimum of one (1) cycle of sampling and
analyzing for each successive ten (10) second period and one (1) cycle of data
recording for each successive six (6) minute period;
(b) All continuous monitoring systems
referenced by subsection (3)(a) of this section for measuring oxides of
nitrogen, sulfur dioxide, carbon dioxide, or oxygen shall complete a minimum of
one (1) cycle of operation (sampling, analyzing, and data recording) for each
successive fifteen (15) minute period;
(c) All continuous monitoring systems
referenced by subsection (3)(b) of this section, except opacity, shall complete
a minimum of one (1) cycle of operation (sampling, analyzing, and data
recording) for each successive one (1) hour period.
(6) All continuous monitoring systems or
monitoring devices shall be installed such that representative measurements of
emissions or process parameters from the affected facility are obtained.
Additional procedures for location of continuous monitoring systems contained
in the applicable Performance Specifications of Appendix B to 40 C.F.R. 60
shall be used.
(7) When the
effluents from a single affected facility or two (2) or more affected
facilities subject to the same emission standard are combined before being
released to the atmosphere, the owner or operator may install applicable
continuous monitoring systems on each effluent or on the combined effluent.
When the affected facilities are not subject to the same emission standards,
separate continuous monitoring systems shall be installed on each effluent.
When the effluent from one (1) affected facility is released to the atmosphere
through more than one (1) point, the owner or operator shall install applicable
continuous monitoring systems on each separate effluent unless the installation
of fewer systems is approved by the cabinet.
(8) Owners or operators of all continuous
monitoring systems for measurement of opacity shall reduce all data to six (6)
minute averages and for systems other than opacity to one (1) hour averages.
Six (6) minute opacity averages shall be calculated from twenty-four (24) or
more data points equally spaced over each six (6) minute period. For systems
other than opacity, one (1) hour averages shall be computed from four (4) or
more data points equally spaced over each one (1) hour period. Data recorded
during periods of system breakdowns, repairs, calibration checks, and zero and
span adjustments shall not be included in the data averages computed under this
subsection. An arithmetic or integrated average of all data may be used. The
data output of all continuous monitoring systems may be recorded in reduced or
nonreduced form (e.g. ppm pollutant and percent oxygen or lb/million BTU of
pollutant). All excess emissions shall be converted into units of the standard
using the applicable conversion procedures specified in administrative
regulations within this chapter. After conversion into units of the standard
the data may be rounded to the same number of significant digits used in the
administrative regulation to specify the applicable standard (e.g. rounded to
the nearest one (1) percent opacity).
(9) Upon written application by an owner or
operator, the cabinet may allow alternative monitoring procedures or
requirements which have been approved by the U.S. EPA including, but not
limited to the following:
(a) Alternative
monitoring requirements when installation of a continuous monitoring system or
monitoring device specified by this chapter would not provide accurate
measurements due to liquid water or other interferences caused by substances
with the effluent gases;
(b)
Alternative monitoring requirements when the affected facility is infrequently
operated;
(c) Alternative
monitoring requirements to accommodate continuous monitoring systems that
require additional measurements to correct stack moisture conditions;
(d) Alternative locations for installing
continuous monitoring systems or monitoring devices when the owner or operator
can demonstrate that installation at alternate locations will enable accurate
and representative measurements;
(e) Alternative methods of converting
pollutant concentration measurements to units of the standards;
(f) Alternative procedures for performing
daily checks of zero and span drift that do not involve use of span gases or
test cells;
(g) Alternatives to the
ASTM test methods, filed by reference in
401 KAR
50:015, or sampling procedures specified by any
administrative regulation;
(h)
Alternative continuous monitoring systems that do not meet the design or
performance requirements in Performance Specification 1, Appendix B to 40
C.F.R. 60, but adequately demonstrate a definite and consistent relationship
between its measurements and the measurements of opacity by a system complying
with the requirements in Performance Specification 1. The cabinet may require
that such demonstration be performed for each affected facility;
(i) Alternative monitoring requirements when
the effluent from a single affected facility or the combined effluent from two
(2) or more affected facilities are released to the atmosphere through more
than one (1) point.