Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Scope.
This part specifies criteria that the commissioner will use
to determine which operating parameters, if any, will be subject to limitations
based upon the mode of operation during a performance test. Operations during
periods of start-up, shutdown, and malfunction shall not constitute
representative conditions of performance tests unless otherwise specified in an
applicable requirement or compliance document.
Subp. 2.
Operating conditions for
performance testing.
The performance test shall be conducted at worst case
conditions for each air pollutant that is required to be tested unless:
A. the applicable requirement or compliance
document specifies alternative operating conditions for performance
testing;
B. the worst case
condition is not known or calculable. In this case, worst case conditions shall
be assumed to be the maximum achievable process or operating rate of the
emissions unit; or
C. the owner or
operator of the emission facility elects to conduct the performance test at
conditions that are not worst case conditions.
Subp. 3.
Compliance demonstrated at
tested conditions.
Upon the commissioner's written notice that the emission
facility has demonstrated compliance under the conditions of the performance
test, the owner or operator of the emission facility shall operate the affected
emissions unit as specified in item A, B, C, or D, unless another performance
test is conducted at alternative conditions and the commissioner gives written
notification that the performance test demonstrated compliance at those
conditions. This subpart does not apply to performance test runs for pollutants
for which the owner or operator maintains a continuous emission monitor or
continuous opacity monitor that meets the requirements of part
7017.1002 to
7017.1220.
A. If the owner or operator did not conduct
the performance test at worst case conditions as required, or elected to
conduct the performance test under alternative conditions under subpart
2, item C, the affected
emissions unit shall not be operated at a process rate, operating rate, or
regulated operating condition that is closer to the worst case conditions than
the actual conditions of the performance test. The owner or operator of the
emission facility shall maintain at the emission facility adequate records to
demonstrate continuous compliance with these operating condition
limitations.
B. If the owner or
operator conducted the performance test under the conditions specified in
subpart
2, item A, the owner or
operator shall comply with any operational limitations imposed by the
applicable requirement or compliance document.
C. If the owner or operator conducted the
performance test at the maximum achievable process or operating rate under
subpart
2, item B, the emissions unit
may not be operated at a higher process or operating rate than was recorded
during the performance test.
D. If
the owner or operator conducted the performance test at worst case conditions,
no new operating limits are imposed by this part but the owner or operator
shall comply with any applicable requirement or compliance document. When the
worst case testing condition is defined in terms of an operating rate for the
affected emissions units, no new operating rate limit may be imposed by this
part if the performance test was conducted at 90 percent or greater of the
defined worst case condition.
Subp.
3a.
Compliance with new operating limits.
If a new operating limit is imposed pursuant to subpart
3, it shall be implemented
according to items A to C, unless otherwise defined in an applicable
requirement or compliance document.
A.
For operating rate limits, the new limit shall be expressed as an eight-hour
block average calculated by totaling total throughput, input, or output as
applicable during the eight-hour period and dividing by the total operating
time during the eight-hour period. Periods of downtime of 15 or more minutes
shall not be counted as operating time. The commissioner may shorten the
averaging time or modify the calculation method in cases where the operating
mode of the affected emissions unit is not continuous or consistent and in
cases where the results of the performance test were greater than 80 percent of
the applicable limits.
B. For
operating rate limits imposed following a performance test where the results
were less than or equal to 80 percent of the value of the applicable emission
limits for all of the air pollutants that were required to be tested, the new
limit shall be set at 110 percent of the tested rate except as otherwise
provided in this item. The tested rate is the average of the operating rates
recorded during the required number of test runs. The commissioner may set the
new operating limit at 100 percent of the tested rate if the new limit would
otherwise conflict with an existing operating limit or the description of the
emission unit in the applicable air emission permit or if engineering judgment
indicates that increasing the allowable operating rate would cause a likely
violation of an emission limit.
C.
For new operating limits and pollution control equipment limits not specified
in item A or B, the averaging time and any extension of the range of values
must be defined in the test plan approved under part 7017.2030, subpart
2.
Subp. 3b.
Relaxation of operating limits by retesting.
The owner or operator of the emission facility may conduct a
retest at alternate operating conditions in order to relax an operating limit
set pursuant to subpart
3. The retest shall be
subject to parts
7017.2001 to
7017.2060. The owner or operator
must submit the test results to the commissioner and identify what the new
operating conditions will be and how compliance with those new conditions will
be monitored. The owner or operator shall comply with any relaxed conditions
established under this subpart.
Subp.
4.
Failure to demonstrate compliance.
A. Upon the commissioner's written notice
that the emission facility has failed to demonstrate compliance with an
applicable emission limit, the owner or operator of the emission facility,
unless an alternative schedule is given in an applicable requirement or
compliance document, shall:
(1) conduct a
retest within 30 days of receipt of the commissioner's written
notice;
(2) submit to the
commissioner written notice of testing, submit a test plan for the retest, and
schedule a pretest meeting at least 21 days in advance of the date of the
retest. The pretest meeting shall be held at least seven days prior to the date
of the retest, except that a shorter period shall be allowed if the
commissioner has approved a test notification of less than 30 days;
and
(3) submit a complete report of
the results of the retest and a microfiche version of the report to the
commissioner according to the requirements of part
7017.2035.
B. The owner or operator may receive an
extension to the schedule in item A if the owner or operator demonstrates in
writing to the commissioner that one of the following special circumstances
applies:
(1) seasonal or temporary shutdown
of the affected emissions units;
(2) malfunction or breakdown of the affected
emissions units, unless the commissioner determines that a retest under such
conditions is warranted in order to determine the effect of the malfunction or
breakdown on emissions or where such conditions are representative of past
operation of the emissions units;
(3) weather conditions that prevent using the
applicable test methods or prevent operation of the affected emission units at
the required operating conditions;
(4) any other conditions beyond the control
of the owner or operator that prevent using the applicable test methods or
prevent operation of the affected emissions units at the required operating
conditions;
(5) any other condition
beyond the control of the owner or operator that prevents completion of a
retest within the required schedule; or
(6) the owner or operator needs additional
time to complete corrective actions or procedural changes to the affected
emission unit or units before retesting.
C. Any request for an extension of the time
schedule shall be submitted to the commissioner in writing by the owner or
operator prior to the date by which retesting is required. The request shall
specify the reason why the extension is needed, include an alternative retest
schedule, and include a detailed summary of the measures the owner or operator
will take to bring the affected emission unit into compliance. The commissioner
shall grant the request for extension if the commissioner finds that one or
more of the special conditions in item B apply. If the commissioner grants an
extension, the owner or operator shall implement the alternative retest
schedule and compliance measures. A requested extension shall not be effective
unless the commissioner has given written approval of the extension. The
commissioner shall not extend a retest date more than 30 days after the
start-up, completion of maintenance, seasonal weather change, or other
improvement in conditions occurs under item B, subitems (1) to (4). The
commissioner shall not extend a retest date under item B, subitem (5), for more
than 30 days.
Subp. 5.
Failure of retest.
If the owner or operator has conducted a retest under subpart
4 and the commissioner provides written notice to the owner or operator of the
emission facility that the retest provides a second demonstration of
noncompliance with an applicable emission limit, the owner or operator must
comply with this subpart .
A. Unless
item B applies, the owner or operator must demonstrate to the commissioner that
corrective actions or procedural changes have been made that will be applied
consistently and that will, when properly executed, ensure that the emission
units will demonstrate compliance at all times with all applicable emission
limits and capture, removal, or destruction efficiency requirements.
(1) If the owner or operator identifies such
corrective actions or procedural changes and receives the commissioner's
written approval of the required demonstration, the owner or operator may
continue to operate the affected emissions units, provided the owner or
operator continues to implement the approved actions or changes. If required by
parts 7007.1150 to 7007.1500, the owner or operator must apply for a permit
amendment to incorporate the approved actions or changes into the facility
permit.
(2) If the owner or
operator cannot identify such corrective actions or procedural changes, the
owner or operator must comply with item B.
B. If the owner or operator cannot first make
the demonstration specified in item A and does not receive written approval to
operate according to item A, the owner or operator must propose terms and
conditions to the commissioner, in writing, that will ensure compliance with
all conditions or requirements underlying each limit that the owner or operator
failed.
(1) If the commissioner determines
that the terms and conditions will ensure compliance at all times with the
conditions or requirements underlying each limit that the owner or operator
failed, the owner or operator must apply for the appropriate permit amendment
to incorporate the terms and conditions into the facility permit.
(2) If the commissioner determines that the
terms and conditions will not ensure compliance with the conditions or
requirements underlying each limit that the owner or operator failed, the owner
or operator must shut down the affected emission unit or units and must not
restart the unit or units until the owner or operator corrects all deficiencies
in the proposal and the commissioner approves the proposal.
Subp. 6.
Agency
tests.
Upon request of the agency or the commissioner, the owner or
operator of an emission facility shall allow the agency or EPA, or any
authorized employee or agent of the agency or EPA, to enter upon the premises
of the owner or operator for the purposes of conducting performance tests. The
owner or operator shall provide performance testing facilities that enable the
agency or its employees or agents to conduct performance tests,
including:
A. sampling ports adequate
for the applicable test methods;
B.
safe sampling platforms;
C. safe
access to sampling platforms; and
D. utilities for sampling and testing
equipment.
The owner or operator shall operate the emission facility at
worst case conditions or other conditions as requested by the commissioner or
EPA, and shall provide assistance in process monitoring and process material
sampling as requested.
Statutory Authority: MS s
116.07
