Current through Register Vol. 39, No. 6, September 16, 2024
(a) Applicability.
In the event that United States Environmental Protection Agency's regulation,
State Implementation Plans: Response to Petition for Rulemaking; Restatement
and Update of EPA's SSM Policy Applicable to SIPs; Findings of Substantial
Inadequacy; and SIP Calls to Amend Provisions Applying to Excess Emissions
During Periods of Startup, Shutdown and Malfunction, published in the Code of
Federal Regulations (CFR) at 40 CFR 52 on June 12, 2015, is:
(1) declared or adjudged to be invalid or
unconstitutional or stayed by the United States Court of Appeals for the Fourth
Circuit, by the District of Columbia Circuit, or by the United States Supreme
Court; or
(2) withdrawn, repealed,
revoked, or otherwise rendered of no force and effect by the United States
Environmental Protection Agency, Congress, or Presidential Executive Order;
such action shall render this Rule as invalid, void,
stayed, or otherwise without force and effect upon the date such action becomes
final and effective. At the time of such action, sources that were subject to
this Rule shall be subject to Rule .0535 of this Subchapter. This Rule shall
not apply to sources to which Rule .0524, .1110, or .1111 of this Subchapter
applies.
(b) For
the purposes of this Rule, the following definitions apply:
(1) "excess emissions" means an emission rate
that exceeds any applicable emission limitation or standard allowed by any rule
in Sections .0500, .0900, .1200, or .1400 of this Subchapter; by a permit
condition; or that exceeds an emission limit established in a permit issued
pursuant to
15A NCAC
02Q .0700;
(2) "malfunction" means any unavoidable
failure of air pollution control equipment, process equipment, or process to
operate in a normal and usual manner. Failures caused entirely or in part by
poor maintenance, careless operations or any other upset condition within the
control of the emission source shall not be considered a malfunction.
(3) "start-up" means the initial commencement
of operation or subsequent commencement of operation of any source that has
shut-down or ceased operation for a period sufficient to cause temperature,
pressure, process, chemical, or a pollution control device imbalance that would
result in excess. emissions; and
(4) "shut-down" means the cessation of the
operation of any source for any purpose.
(c) Malfunctions. All facilities subject to
this Rule shall:
(1) comply with the otherwise
applicable emissions limits; or
(2)
comply with the source specific malfunction work practice standard permit
condition described in Paragraph (d) of this Rule.
(d) Source Specific Malfunction Work Practice
Standard Permit Condition.
(1) A facility may
request a source specific malfunction work practice standard to be included in
the state and federal enforceable section of its air permit, after review by
EPA and the public.
(2) The source
specific malfunction work practice standard shall minimize emissions during the
malfunction event and require the malfunction duration to be
minimized.
(3) Subparagraphs (e)(1)
and (e)(5) of this Rule shall be addressed in the source specific malfunction
work practice standard. Any facility requesting a source specific malfunction
work practice standard shall meet the requirements of Subparagraphs (f)(1)
through (f)(3) of this Rule.
(4)
Requests shall be made through the application for a permit, permit
modification, or permit renewal pursuant to the permit application requirements
in 15A
NCAC 02Q .0300 or
02Q .0500. The public notice
requirements specified in
15A NCAC
02Q .0306 and
02Q .0307 shall be followed for
all proposed work practice standards in non-Title V permits. Public notice
requirements specified in
15A NCAC
02Q .0521 shall be followed for all proposed
work practice standards in Title V permits.
(5) At all times, the source shall be
operated in a manner consistent with good practice for minimizing emissions and
the owner or operator shall use their best efforts regarding planning, design,
and operating procedures. The owner or operator's actions during malfunction
periods shall be documented by properly signed, contemporaneous operating logs
or other relevant evidence.
(6)
Failure to implement or follow the Source Specific Malfunction Work Practice
Standard Permit Condition shall be a violation of this Paragraph.
(7) Facilities that follow a Source Specific
Malfunction Work Practice Standard Permit Condition during a malfunction that
has been addressed in the Source Specific Malfunction Work Practice Standard
Permit Condition shall be deemed in compliance.
(e) The Director shall determine the
appropriate enforcement response for excess emissions due to a malfunction. The
Director shall consider the following:
(1)
The air cleaning device, process equipment, or process has been maintained and
operated, to the maximum extent practicable, consistent with good practice for
minimizing emissions;
(2) Repairs
have been made expeditiously when the emission limits have been
exceeded;
(3) The amount and
duration of the excess emissions, including any bypass, have been minimized to
the maximum extent practicable;
(4)
All practical steps have been taken to minimize the impact of the excess
emissions on ambient air quality;
(5) The excess emissions are not part of a
recurring pattern indicative of inadequate design, operation, or
maintenance;
(6) The requirements
of Paragraph (h) of this Rule have been met;
(7) If the source is required to have a
malfunction abatement plan, the source has followed that plan; and
(8) any other pertinent information.
All malfunctions shall be repaired as expeditiously as
practicable. The facility shall maintain records of the time that a source
operates when it or its air pollution control equipment is malfunctioning or
otherwise has excess emissions.
(f) All electric utility boiler units shall
have a malfunction abatement plan approved by the Director as satisfying the
requirements of Subparagraphs (f)(1) through (f)(3) of this Rule. In addition,
the Director may require any other source to have a malfunction abatement plan
approved by the Director as satisfying the requirements of Subparagraphs (f)(1)
through (f)(3) of this Rule. If the Director requires a malfunction abatement
plan for a source other than an electric utility boiler, the owner or operator
of that source shall submit a malfunction abatement plan within 60 days after
receipt of the Director's request. The malfunction abatement plans of electric
utility boiler units and of other sources required to have malfunction
abatement plans shall be implemented at all times. The objectives of the
malfunction abatement plan are to prevent, detect, and correct malfunctions
that may result in excess emissions. A malfunction abatement plan shall
contain:
(1) a preventive maintenance program
including:
(A) the identification of
individuals or positions responsible for inspecting, maintaining, and repairing
air cleaning devices;
(B) a
description of the items or conditions that will be inspected and
maintained;
(C) the frequency of
the inspection, maintenance services, and repairs; and
(D) an identification and quantities of the
replacement parts that shall be maintained in inventory for quick
replacement;
(2) an
identification of the source and air cleaning operating variables and outlet
variables that may be monitored to detect a malfunction; the normal operating
range of these variables and a description of the method of monitoring and of
informing operating personnel of any malfunctions; and
(3) a description of the corrective
procedures that the owner or operator will take in case of a malfunction or
failure to achieve compliance with the applicable rule as expeditiously as
practicable. The owner or operator shall maintain logs to show that the
operation and maintenance parts of the malfunction abatement plan are
implemented.
(g) The
owner or operator of any source required by the Director to have a malfunction
abatement plan shall submit a malfunction abatement plan to the Director within
60 days after it has been required by the Director. The malfunction abatement
plan and any amendment to it shall be reviewed by the Director. If the plan
carries out the objectives described by Paragraph (f) of this Rule, the
Director shall approve it. If the plan does not carry out the objectives
described by Paragraph (f) of this Rule, the Director shall disapprove the
plan. The owner or operator shall submit an amendment to the plan to satisfy
the plan requirements within 30 days of receipt of the Director's notification
of disapproval. Any owner or operator of any source having an approved
malfunction abatement plan shall submit to the Director for approval amendments
reflecting changes in any element of the malfunction abatement plan required by
Paragraph (f) of this Rule or amendments when requested by the Director. The
malfunction abatement plan and amendments to it shall be implemented within 90
days upon receipt of written notice of approval.
(h) The owner or operator of a source of
excess emissions that last for more than four hours and that results from a
malfunction shall:
(1) notify the Director of
any such occurrence by 9:00 a.m. Eastern time of the Division's next business
day of becoming aware of the occurrence and describe:
(A) name and location of the
facility;
(B) the nature and cause
of the malfunction;
(C) the time
when the malfunction is first observed;
(D) the expected duration; and
(E) an estimated rate of emissions;
(2) notify the Director by 9:00
a.m. Eastern time of the Division's next business day when the corrective
measures have been accomplished;
(3) submit to the Director, within 15 days
after the notification in Subparagraph (h)(1) of this Rule, a written report
that includes:
(A) name and location of the
facility;
(B) identification or
description of the processes and control devices involved in the
malfunction;
(C) the cause and
nature of the event;
(D) time and
duration of the violation or the expected duration of the excess emission if
the malfunction has not been fixed;
(E) estimated quantity of pollutant
emitted;
(F) steps taken to control
the emissions and to prevent recurrences and if the malfunction has not been
fixed, steps planned to be taken; and
(G) any other pertinent information requested
by the Director.
After the malfunction has been corrected, the Director may
require the owner or operator of the source to test the source in accordance
with Section .2600 of this Subchapter to demonstrate compliance.
(i) Start-up
and Shut-down: During periods of start-up and shut-down, sources at facilities
subject to this Rule shall comply with any one of the following:
(1) the applicable SIP emission limit in the
15A NCAC
02D rules, or a permit limit established in a
permit issued pursuant to
15A NCAC
02Q .0700;
(2) the applicable work practice standards in
Subparagraphs (j)(1) though (j)(13) of this Rule;
(3) work practice standards currently in
effect for federal rules promulgated since 2009 that address compliance during
start-up and shut-down operations for equipment that would be subject to the
federal rule except for rule applicability exemptions; or
(4) source specific start-up and shut-down
work practice standard permit conditions described in Paragraph (k) of this
Rule.
Excess emissions during start-up and shut-down shall be
considered a violation of the applicable rule if the owner or operator cannot
demonstrate that the work practice standards in Subparagraphs (i)(2), (i)(3),
or (i)(4) of this Rule were followed. Facilities may comply with Subparagraphs
(i)(1) or (i)(2) of this Rule during start-up and shut-down without a specific
permit condition. Facilities that choose to comply with Subparagraph (i)(3) of
this Rule during start-up and shut-down shall apply for and receive a permit
condition that indicates the specific federal work practice standard that shall
be followed. Facilities that choose to comply with Subparagraph (i)(4) of this
Rule during start-up and shut-down shall apply for and receive a permit
condition described in Paragraph (k) of this Rule.
(j) Generally Available Work Practices for
Start-Up and Shut-Down Operations. The owner or operator shall, to the extent
practicable, operate the source and any associated air pollution control
equipment or monitoring equipment in a manner consistent with best practicable
air pollution control practices to minimize emissions during start-up and
shut-down. The following generally available work practice standards shall be
followed:
(1) Periods of start-up and
shut-down shall be documented in a permanent form suitable for inspection and
submission to the Division. Documentation of start-ups and shut-downs shall
include specific identification of each period of start-up or shut-down where a
work practice standard is used and information required to demonstrate
compliance with the applicable work practices. Start-up and shut-down
operations shall occur as expeditiously as possible while minimizing
emissions.
(2) Boilers and other
combustion sources. All combustion sources shall commence operations while
firing on the cleanest permitted fuel, to the extent practicable. The source
shall minimize the start-up and shut-down periods to the extent practicable.
(A) For sources for which the manufacturer
has established recommended procedures for start-ups and shut-downs, the source
shall follow the manufacturer's recommended procedures.
(B) For sources for which there is no
manufacturer-recommended procedures for start-ups and shut-downs, the source
shall follow recommended procedures for a unit of similar design for which
manufacturer's recommended procedures are available.
(3) Baghouses shall be operated upon start-up
of emission unit, or when baghouse temperature exceeds the dew point, whichever
occurs later, or as specified by manufacturer.
(4) Cyclones shall be operated at all times,
including start-up and shut-down of the emission unit.
(5) Electrostatic precipitators (ESP) shall
be operated upon start-up of emission unit, or when effluent temperature
exceeds the dew point, whichever occurs later, or as specified by
manufacturer.
(6) Selective
catalytic reduction (SCR) units shall be operated if catalyst bed temperature
is greater than 400°F, or as specified by manufacturer.
(7) Non-selective catalytic reduction (NSCR)
units shall be operated when the effluent temperature is between 700°F and
1500°F, or as specified by manufacturer.
(8) Scrubbers shall be operated at all times
from initialization of start-up to completion of shut-down.
(9) Carbon adsorption shall be operated at
all times from initialization of start-up to completion of shut-down.
(10) Biofilters shall be operated at all
times from initialization of start-up to completion of shut-down.
(11) Sorbent injection shall be operated at
all times the gas stream temperature is greater than 300°F, or as specified
by manufacturer.
(12) Regenerative
Thermal Oxidizers (RTO), thermal, and catalytic oxidizers shall be operated at
all times from initialization of start-up to completion of shut-down.
(13) Safety and fire protection protocols
shall be followed during start-up and shut-down of all sources.
(k) Source Specific Start-Up and
Shut-Down Work Practice Standard Permit Condition. A facility may request a
source specific start-up and shut-down work practice standard be included in
the state and federal enforceable section of their air permit, after review by
EPA and the public. Such requests shall be made through the application for a
permit, permit modification, or permit renewal pursuant to the permit
application requirements in
15A NCAC
02Q .0300 or
02Q .0500. The public notice
requirements specified in
15A NCAC
02Q .0306 and
02Q .0307 shall be followed for
all proposed work practice standards in non-Title V permits. Public notice
requirements specified in
15A NCAC
02Q .0521 shall be followed for all proposed
work practice standards in Title V permits. Requests for work practice
standards for periods of start-up and shut-down shall include the following
considerations:
(1) the work practice standard
is specific to a source and the associated control strategy;
(2) demonstration that the use of the control
strategy for the source is technically infeasible during start-up or shut-down
periods;
(3) the work practice
standard requires that the frequency and duration of operation in start-up or
shut-down mode are minimized to the greatest extent practicable;
(4) at all times, the source shall be
operated in a manner consistent with good practice for minimizing emissions and
the source uses best efforts regarding planning, design, and operating
procedures; and
(5) the owner or
operator's actions during start-up and shut-down periods shall be documented by
properly signed, contemporaneous operating logs or other relevant evidence.
Any source without a start-up and shut-down work practice
standard permit condition shall be required to comply with any applicable
emission limit. Facilities that follow a source specific start-up and shut-down
work practice standard permit condition during start-up and shut-down shall be
deemed in compliance.
Authority
G.S.
143-215.3(a)(1);
143-215.107(a)(4);
143-215.107(a)(5);
Adoption approved by RRC October 20, 2016 with a delayed effective date.
Effective date delayed by Codifier upon May 15, 2018 request from the
Environmental Management Commission. Rendered void May 28, 2020 by final action
of EPA withdrawing SIP Call for North Carolina, 85 Fed. Reg. 23700 (April 28,
2020) and the State's withdrawal of its SIP submittal to EPA on August 25,
2022.
