Mississippi Administrative Code
Title 11 - Mississippi Department of Environmental Quality
Part 2 - Bureau of Public Water Supply
Chapter 1 - Mississippi Commission on Environmental Quality, Air Emission Regulations for the Prevention, Abatement, and Control of Air Contaminants
Rule 11-2-1.10 - Provisions for Upsets, Startups, and Shutdowns
Universal Citation: MS Code of Rules 11-2-1.10
Current through September 24, 2024
A. Upsets
(1) For an upset defined in Rule
1.2, the Commission may pursue an
enforcement action for noncompliance with an emission standard or other
requirement of an applicable rule, regulation, or permit. In determining
whether to pursue enforcement action, and/or the appropriate enforcement action
to take, the Commission may consider whether the source has demonstrated
through properly signed contemporaneous operating logs or other relevant
evidence the following:
(a) an upset occurred
and that the source can identify the cause(s) of the upset;
(b) the source was at the time being properly
operated;
(c) during the upset the
source took all reasonable steps to minimize levels of emissions that exceeded
the emission standard or other requirement of an applicable rule, regulation,
or permit;
(d) that within 5
working days of the time the upset began, the source submitted a written report
to the Department describing the upset, the steps taken to mitigate excess
emissions or any other noncompliance, and the corrective actions taken
and;
(e) that as soon as
practicable but no later than 24 hours of becoming aware of an upset that
caused an immediate adverse impact to human health or the environment beyond
the source boundary or caused a general nuisance to the public, the source
provided notification to the Department.
(2) In any enforcement proceeding by the
Commission, the source seeking to establish the occurrence of an upset has the
burden of proof.
(3) This provision
is in addition to any upset provision contained in any applicable
requirement.
(4) These upset
provisions apply only to enforcement actions by the Commission and are not
intended to prohibit EPA or third party enforcement actions.
B. Startups and Shutdowns
(1) Startups and shutdowns are part of normal
source operation. Emission limitations apply during startups and shutdowns
unless source specific emission limitations or work practice standards for
startups and shutdowns are defined by an applicable rule, regulation, or
permit.
(2) Where the source is
unable to comply with existing emission limitations established under the State
Implementation Plan (SIP) and defined in this regulation, 11 Mississippi
Administrative Code, Part 2, Chapter 1, the Department will consider
establishing source specific emission limitations or work practice standards
for startups and shutdowns. Source specific emission limitations or work
practice standards established for startups and shutdowns are subject to the
following requirements:
(a) The source must
demonstrate that it is technically infeasible, considering its specific control
strategy, to comply with existing SIP emission limitations during startups and
shutdowns.
(b) The Department has
analyzed the potential worst-case emissions that could occur during startups
and shutdowns based on the established emission limitations or work practice
standards for startups and shutdowns.
(c) The emission limitations or work practice
standards for startups and shutdowns must be specific to the source and its
specific control strategy and must include the following requirements:
(i) the source must limit the frequency and
duration of startups and shutdowns to the greatest extent
practicable;
(ii) the source must
be operated in a manner consistent with best operating practices at all
times;
(iii) all possible steps are
taken to minimize the impact of emissions during startups and shutdowns on
ambient air quality;
(iv) the
source must document all startups and shutdowns using properly signed
contemporaneous operating logs or other relevant evidence;
(d) Where source specific emission
limitations or work practice standards are established as an alternative to
existing SIP emission limitations, the emission limitations or work practice
standards must be established in a permit defined in 11 Mississippi
Administrative Code, Part 2, Chapter 2. Following permit issuance, the emission
limitations or work practice standards are considered State-only requirements
until they have been adopted into this regulation and approved by the EPA into
the SIP.
(e) The following source
specific emission limitations or work practice standards for startups and
shutdowns are established as an alternative to existing SIP emission
limitations for air contaminants contained in this regulation that provide
protection of the National Ambient Air Quality Standards:
(i)
(Reserved for source specific
emission limits or work practice standards for startups and
shutdowns).
(3) Where an upset as defined in Rule
1.2 occurs during startup or shutdown, see the
upset requirements above.
Miss. Code Ann. §§ 49-2-9(1)(b), 49-17-17, 49-2-1, et seq. and 49-17-1, et seq.
Disclaimer: These regulations may not be the most recent version. Mississippi may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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