Current through March 20, 2024
006.01 Upon receipt of a notice of excess
emissions issued by the Department the source to which the notice is issued may
provide information showing that the excess emissions were the result of a
malfunction, start-up, or shutdown. Based upon any information submitted by the
source operator, and any other pertinent information available, the Director
shall make a determination whether the excess emissions constitute a
malfunction, start-up, or shutdown, and whether the nature, extent and duration
of the excess emissions warrant enforcement action. In determining whether
enforcement action is warranted, the Director shall consider the following:
006.01A Whether the excess emissions during
start-up, shutdown or malfunction, occurred as a result of safety,
technological or operating constraints of the control equipment, process
equipment, or process.
006.01B
Whether the air pollution control equipment, process equipment, or processes
were maintained and operated to the maximum extent practical for minimizing
emissions.
006.01C Whether repairs
were made as expeditiously as practicable when the operator knew or should have
known when excess emissions were occurring.
006.01D Whether the amount and duration of
the excess emissions were limited to the maximum extent practical during
periods of such emissions.
006.01E
Whether all practical steps were taken to limit the impact of the excess
emissions on the ambient air quality.
006.02 The information provided by the source
operator under 006.01 shall include, at a minimum, the following:
006.02A Name and location of
installation.
006.02B Name, email
address, and telephone number of the person responsible for the
installation.
006.02C The identity
of the equipment causing the excess emissions.
006.02D The time and duration of the period
of excess emissions.
006.02E The
cause of the excess emissions.
006.02F The air contaminants
involved.
006.02G A best estimate
of the magnitude of the excess emissions expressed in the units of the
applicable emission control regulation and the operating data and calculations
used in estimating the magnitude.
006.02H The measures taken to mitigate the
extent and duration of the excess emissions.
006.02I The measures taken to remedy the
situation which caused the excess emissions and the measures taken or planned
to prevent the recurrence of such situations.
006.03 The information specified in 006.02
shall be submitted to the Director not later than 15 days after receipt of the
notice of excess emissions.
006.04
Planned Start-Up and Shutdown Reporting. The owner or operator of an
installation subject to this chapter shall notify the Director, in writing,
whenever a planned start-up or shutdown may result in excess emissions. This
notice shall be mailed no later than 10 days prior to such action, and shall
include, but not be limited to, the following information:
006.04A Name and location of the
installation.
006.04B Name, email,
and telephone number of the person responsible for the installation.
006.04C The identity of the equipment which
may cause excess emissions.
006.04D
Reasons for proposed shutdown or start-up.
006.04E Duration of anticipated period of
excess emissions.
006.04F Date and
time of proposed shutdown or start-up.
006.04G Physical and chemical composition of
pollutants whose emissions are affected by the action.
006.04H Methods, operating data, and/or
calculations used to estimate these emissions.
006.04I Quantification of emissions during
such action in the units of the applicable emission control
regulation.
006.04J All measures
planned to minimize the extent and duration of excess emissions during the
shutdown and ensuing start-up.
006.05 Malfunction and Unplanned Shutdown
Reporting. The owner or operator of an installation subject to this chapter
shall notify the Director whenever emissions due to malfunctions, unplanned
shutdowns or ensuing startups are, or may be, in excess of applicable emission
control regulations. Such notification shall be made in writing or by emailed
within two working days of the beginning of each period of excess emissions,
and a mailed written notification will be provided to the Director within five
calendar days of the event. The notification shall include, but not be limited
to, the information required by 006.04. This notice is not required provided
the following conditions are met:
006.05A A
certified continuous emissions monitor is in operation throughout the duration
of the period of malfunction, shutdown or ensuing start-up; and
006.05B The period of malfunction, shutdown
or ensuing start-up is less than 1 hour in duration.
006.06 The Director shall make a
determination of whether or not excess emissions were due to start-up,
shutdown, or malfunction, and what, if any, enforcement action should be taken.
The Director will consider the following in making his determination:
006.06A All notification requirements of the
chapter have been met.
006.06B The
malfunction, shutdown, or start-up did not result entirely or in part from poor
maintenance, careless operation, or any other preventable upset conditions or
equipment breakdowns.
006.06C All
reasonable steps were taken to correct the conditions causing the excess
emissions, as expeditiously as practicable, including the use of off-shift
labor and overtime if necessary.
006.06D All reasonable steps were taken to
minimize the emissions and their effect on air quality.
006.06E The malfunction or shutdown is not
part of a recurring pattern indicative of inadequate design, operation, or
maintenance.
006.06F The excess
emissions are not a threat to public health or ambient air quality.
006.07 If the Director determines
that the reporting requirements of 006.02 and/or 006.04 of this Chapter are
inappropriate to a particular installation, he may establish other reporting
requirements which are sufficient to allow the determinations described in
006.06.
006.08 Nothing in this
regulation shall be construed to limit the authority of the Director to take
appropriate action to enforce the provisions of the State Act, and the
regulations promulgated thereunder.
