Current through September 21, 2024
(a) General: The
U.S. Environmental Protection Agency regulations on Standards of Performance
for New Stationary Sources, designated in Chapter 5, Section
2(b) and as amended by the
word or phrase "substitutions" given in Chapter 5, Section
2(c), are incorporated into
these regulations. The specific documents containing the complete text of the
regulations are found in 40 CFR Part 60.
(b) Designated Standards of Performance: The
following Standards of Performance are incorporated by reference under Section
4(a) of this Chapter.
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40 CFR Part 60, subpart D - |
Standards of Performance for Fossil-Fuel-Fired Steam
Generators
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40 CFR Part 60, subpart Da - |
Standards of Performance for Electric Utility Steam
Generating Units
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40 CFR Part 60, subpart Db - |
Standards of Performance for Industrial-
Commercial-Institutional Steam Generating Units
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40 CFR Part 60, subpart Dc - |
Standards of Performance for Small
Industrial-Commercial-Institutional Steam Generating Units
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40 CFR Part 60, subpart Ea - |
Standards of Performance for Municipal Waste
Combustors for Which Construction is Commenced After December 20, 1989 and on
or Before September 20, 1994
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40 CFR Part 60, subpart Eb -
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Standards of Performance for Large Municipal Waste
Combustors for Which Construction is Commenced After September 20, 1994 or for
Which Modification or Reconstruction is Commenced After June 19, 1996
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40 CFR Part 60, subpart Ec -
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Standards of Performance for New Stationary Sources:
Hospital/Medical/Infectious Waste Incinerators
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40 CFR Part 60, subpart F -
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Standards of Performance for Portland Cement
Plants
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40 CFR Part 60, subpart G -
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Standards of Performance for Nitric Acid
Plants
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40 CFR Part 60, subpart Ga -
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Standards of Performance for Nitric Acid Plants for
Which Construction, Reconstruction, or Modification Commenced After October 14,
2011
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40 CFR Part 60, subpart H -
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Standards of Performance for Sulfuric Acid
Plants
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40 CFR Part 60, subpart I -
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Standards of Performance for Hot Mix Asphalt
Facilities
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40 CFR Part 60, subpart J -
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Standards of Performance for Petroleum
Refineries
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40 CFR Part 60, subpart Ja -
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Standards of Performance for Petroleum Refineries for
Which Construction, Reconstruction, or Modification Commenced After May 14,
2007
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40 CFR Part 60, subpart K -
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Standards of Performance for Storage Vessels for
Petroleum Liquids for Which Construction, Reconstruction, or Modification
Commenced After June 11, 1973, and Prior to May 19, 1978
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40 CFR Part 60, subpart Ka -
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Standards of Performance for Storage Vessels for
Petroleum Liquids for Which Construction, Reconstruction, or Modification
Commenced After May 18, 1978, and Prior to July 23, 1984
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40 CFR Part 60, subpart Kb -
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Standards of Performance for Volatile Organic Liquid
Storage Vessels (Including Petroleum Liquid Storage Vessels) for Which
Construction, Reconstruction, or Modification Commenced After July 23,
1984
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40 CFR Part 60, subpart T -
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Standards of Performance for the Phosphate Fertilizer
Industry: Wet-Process Phosphoric Acid Plants
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40 CFR Part 60, subpart U -
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Standards of Performance for the Phosphate Fertilizer
Industry: Superphosphoric Acid Plants
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40 CFR Part 60, subpart V -
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Standards of Performance for the Phosphate Fertilizer
Industry: Diammonium Phosphate Plants
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40 CFR Part 60, subpart W -
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Standards of Performance for the Phosphate Fertilizer
Industry: Triple Superphosphate Plants
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40 CFR Part 60, subpart X -
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Standards of Performance for the Phosphate Fertilizer
Industry: Granular Triple Superphosphate Storage Facilities
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40 CFR Part 60, subpart Y -
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Standards of Performance for Coal Preparation and
Processing Plants
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40 CFR Part 60, subpart DD -
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Standards of Performance for Grain Elevators
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40 CFR Part 60, subpart GG -
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Standards of Performance for Stationary Gas
Turbines
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40 CFR Part 60, subpart HH -
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Standards of Performance for Lime Manufacturing
Plants
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40 CFR Part 60, subpart NN -
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Standards of Performance for Phosphate Rock
Plants
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40 CFR Part 60, subpart VV -
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Standards of Performance for Equipment Leaks of VOC
in the Synthetic Organic Chemicals Manufacturing Industry for Which
Construction, Reconstruction, or Modification Commenced After January 5, 1981,
and on or Before November 7, 2006
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40 CFR Part 60, subpart VVa -
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Standards of Performance for Equipment Leaks of VOC
in the Synthetic Organic Chemicals Manufacturing Industry for Which
Construction, Reconstruction, or Modification Commenced After November 7,
2006
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40 CFR Part 60, subpart WW -
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Standards of Performance for the Beverage Can Surface
Coating Industry
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40 CFR Part 60, subpart XX -
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Standards of Performance for Bulk Gasoline
Terminals
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40 CFR Part 60, subpart AAA -
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Standards of Performance for New Residential Wood
Heaters
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40 CFR Part 60, subpart GGG -
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Standards of Performance for Equipment Leaks of VOC
in Petroleum Refineries for Which Construction, Reconstruction, or Modification
Commenced After January 4, 1983, and on or Before November 7, 2006
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40 CFR Part 60, subpart GGGa -
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Standards of Performance for Equipment Leaks of VOC
in Petroleum Refineries for Which Construction, Reconstruction, or Modification
Commenced After November 7, 2006
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40 CFR Part 60, subpart JJJ -
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Standards of Performance for Petroleum Dry
Cleaners
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40 CFR Part 60, subpart KKK -
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Standards of Performance for Equipment Leaks of VOC
From Onshore Natural Gas Processing Plants for Which Construction,
Reconstruction, or Modification Commenced After January 20, 1984, and on or
Before August 23, 2011
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40 CFR Part 60, subpart LLL -
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Standards of Performance for
SO2 Emissions From Onshore Natural Gas Processing for
Which Construction, Reconstruction, or Modification Commenced After January 20,
1984, and on or Before August 23, 2011
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40 CFR Part 60, subpart OOO -
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Standards of Performance for Nonmetallic Mineral
Processing Plants
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40 CFR Part 60, subpart QQQ -
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Standards of Performance for VOC Emissions From
Petroleum Refinery Wastewater Systems
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40 CFR Part 60, subpart UUU -
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Standards of Performance for Calciners and Dryers in
Mineral Industries
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40 CFR Part 60, subpart WWW -
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Standards of Performance for Municipal Solid Waste
Landfills
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40 CFR Part 60, subpart XXX -
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Standards of Performance for Municipal Solid Waste
Landfills That Commenced Construction, Reconstruction, or Modification After
July 17, 2014
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40 CFR Part 60, subpart AAAA -
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Standards of Performance for Small Municipal Waste
Combustion Units for Which Construction is Commenced After August 30, 1999 or
for Which Modification or Reconstruction is Commenced After June 6, 2001
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40 CFR Part 60, subpart CCCC -
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Standards of Performance for Commercial and
Industrial Solid Waste Incineration Units
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40 CFR Part 60, subpart EEEE -
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Standards of Performance for Other Solid Waste
Incineration Units for Which Construction is Commenced After December 9, 2004,
or for Which Modification or Reconstruction is Commenced on or After June 16,
2006
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40 CFR Part 60, subpart IIII -
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Standards of Performance for Stationary Compression
Ignition Internal Combustion Engines
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40 CFR Part 60, subpart JJJJ -
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Standards of Performance for Stationary Spark
Ignition Internal Combustion Engines
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40 CFR Part 60, subpart KKKK -
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Standards of Performance for Stationary Combustion
Turbines
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40 CFR Part 60, subpart OOOO -
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Standards of Performance for Crude Oil and Natural
Gas Production, Transmission and Distribution
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40 CFR Part 60, subpart OOOOa -
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Standards of Performance for Crude Oil and Natural
Gas Facilities for which Construction, Modification, or Reconstruction
Commenced after September 18, 2015
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40 CFR Part 60, subpart QQQQ -
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Standards of Performance for New Residential Hydronic
Heaters and Forced-Air Furnaces
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40 CFR Part 60, subpart TTTT -
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Standards of Performance for Greenhouse Gas Emissions
From New, Modified, and Reconstructed Stationary Sources: Electric Utility
Generating Units
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(i) Designated
Appendices. The following appendices are incorporated by reference under
Section 4(a)
of this Chapter.
40 CFR Part 60, Appendix A - Test Methods
40 CFR Part 60, Appendix B - Performance
Specifications
40 CFR Part 60, Appendix C - Determination of Emission Rate
Change
40 CFR Part 60, Appendix D - Required Emission Inventory
Information
40 CFR Part 60, Appendix F - Quality Assurance
Procedures
40 CFR Part 60, Appendix I - Removable Label and Owner's
Manual
(c) Word or
Phrase Substitutions: In the standards designated in Chapter 5, Section
2(b) substitute:
(i) Chapter 1, Section
4 for 60.12
(ii) Chapter 5, Section
2 for Subpart A
(iii) Chapter 5, Section
2(e)(i) for 60.2
(iv) Chapter 5, Section
2(e)(ii) for 60.3
(v) Chapter 5, Section
2(g) for 60.7
(vi) Chapter 5, Section
2(h) for 60.8
(vii) Chapter 5, Section
2(i) for 60.11
(viii) Chapter 5, Section
2(j) for 60.13
(ix) Chapter 5, Section
2(k) for 60.14
(x) Chapter 5, Section
2(l) for 60.15
(xi) Chapter 5, Section
2(m) for 60.18
(xii) Chapter 5, Section
2(n) for 60.19
(xiii) Chapter 6, Section
2(b)(i) for 60.5 and
60.6
(xiv) Chapter 6, Section
2(i) for 60.7(a)(2) and
(3)
(xv) Chapter 6, Section
2(j) for 60.8(a) and
(d)
(xvi) Section35-11-1101 Environmental Quality
Act for 60.9
(d)
Applicability: The provisions of Chapter 5, Section
2 are applicable to the owner or operator of
any stationary source which contains an affected facility, the construction or
modification of which is commenced after the date of publication of any
proposed standard as designated in the applicable subparts of the Standards of
Performance referenced in Chapter 5, Section
2(b) and contained in 40
CFR Part 60 .
(i) In addition to complying
with the provisions of this section, the owner or operator of an affected
facility may be required to obtain an operating permit issued to stationary
sources by the Administrator pursuant to Title V of the Clean Air Act (Act) as
amended November 15, 1990 (42 U.S.C. 7661). For more
information about obtaining an operating permit see Chapter 6, Section
3.
(e) Definitions and Abbreviations: The
following terms are explicitly defined for use in this section. As used in this
section, all terms not defined herein shall have the meaning given to them in
Chapter 1, Section
3.
(i)
Definitions:
"Act" means the Clean Air Act
(42 U.S.C.
7401 et seq.).
"Administrator" means the
Administrator of the Division of Air Quality, Wyoming Department of
Environmental Quality, except for those authorities which cannot be delegated
to the state, in which case "administrator" means both the administrator of the
Environmental Protection Agency and the Administrator of the Division of Air
Quality, Wyoming Department of Environmental Quality.
"Affected facility" means, with
reference to a stationary source, any apparatus to which a standard is
applicable.
"Alternative method" means any
method of sampling and analyzing for an air pollutant which is not a reference
or equivalent method but which has been demonstrated to the Administrator's
satisfaction to, in some specific cases, produce results adequate for his
determination of compliance.
"Capital expenditure" means an
expenditure for a physical or operational change to an existing facility which
exceeds the product of the applicable "annual asset guideline repair allowance
percentage" specified in the latest edition of Internal Revenue Service (IRS)
Publication 534 and the existing facility's basis, as defined by section 1012
of the Internal Revenue Code. However, the total expenditure for a physical or
operational change to an existing facility must not be reduced by any "excluded
additions" as defined in IRS Publication 534, as would be done for tax
purposes.
"Clean coal technology demonstration
project" means a project using funds appropriated under the
heading 'Department of Energy-Clean Coal Technology', up to a total amount of
$2,500,000,000 for commercial demonstrations of clean coal technology, or
similar projects funded through appropriations for the Environmental Protection
Agency.
"Commenced" means, with respect
to the definition of new source in section 111(a)(2) of the
Act, that an owner or operator has undertaken a continuous program of
construction or modification or that an owner or operator has entered into a
contractual obligation to undertake and complete, within a reasonable time, a
continuous program of construction or modification.
"Construction" means
fabrication, erection, or installation of an affected facility.
"Continuous monitoring system"
means the total equipment, required under the emission monitoring sections,
used to sample and condition (if applicable), to analyze, and to provide a
permanent record of emissions or process parameters.
"Electric utility steam generating
unit" means any steam electric generating unit that is
constructed for the purpose of supplying more than one-third of its potential
electric output capacity and more than 25 MW electrical output to any utility
power distribution system for sale. Any steam supplied to a steam distribution
system for the purpose of providing steam to a steam-electric generator that
would produce electrical energy for sale is also considered in determining the
electrical energy output capacity of the affected facility.
"Equivalent method" means any
method of sampling and analyzing for an air pollutant which has been
demonstrated to the Administrator's satisfaction to have a consistent and
quantitatively known relationship to the reference method, under specified
conditions.
"Excess emissions and monitoring systems
performance report" is a report that must be submitted
periodically by a source in order to provide data on its compliance with stated
emission limits and operating parameters, and on the performance of its
monitoring systems.
"Existing facility" means, with
reference to a stationary source, any apparatus of the type for which a
standard is promulgated in this section, and the construction or modification
of which was commenced before the date of proposal of that standard; or any
apparatus which could be altered in such a way as to be of that type.
"Isokinetic sampling" means
sampling in which the linear velocity of the gas
entering the sampling nozzle is equal to that of the
undisturbed gas stream at the sample point.
"Issuance" of an operating
permit will occur, in accordance with Chapter 6, Section
3.
"Malfunction" means any sudden,
infrequent, and not reasonably preventable failure of air pollution control
equipment, process equipment, or a process to operate in a normal or usual
manner. Failures that are caused in part by poor maintenance or careless
operation are not malfunctions.
"Monitoring device" means the
total equipment, required under the monitoring of operations sections, used to
measure and record (if applicable) process parameters.
"Nitrogen oxides" means all
oxides of nitrogen except nitrous oxide, as measured by test methods set forth
in this section.
"One-hour period" means any
60-minute period commencing on the hour.
"Opacity" means the degree to
which emissions reduce the transmission of light and obscure the view of an
object in the background.
"Operating permit" or "Part 70
permit" means any permit or group of permits covering a source
under Chapter 6, Section
3 that is issued, renewed, amended or
revised pursuant to Chapter 6, Section
3.
"Owner or operator" means any
person who owns, leases, operates, controls, or supervises an affected facility
or a stationary source of which an affected facility is a part.
"Particulate matter" means any
finely divided solid or liquid material, other than uncombined water, as
measured by the reference methods specified under each subpart, or an
equivalent or alternative method.
"Permit program" means the
comprehensive State operating permit system established pursuant to Title V of
the Act (42 U.S.C.
7661) and regulations in Chapter 6, Section
3.
"Proportional sampling" means
sampling at a rate that produces a constant ratio of sampling rate to stack gas
flow rate.
"Reactivation of a very clean coal-fired
electric utility steam generating unit" means any physical
change or change in the method of operation associated with the commencement of
commercial operations by a coal-fired utility unit after a period of
discontinued operation where the unit:
(A) Has not been in operation for the
two-year period prior to the enactment of the Clean Air Act amendments of 1990,
and the emissions from the unit continue to be carried in the permitting
authority's emissions inventory at the time of enactment;
(B) Was equipped prior to shut-down with a
continuous system of emissions control that achieves a removal efficiency for
sulfur dioxide of no less than 85 percent and a removal efficiency for
particulates of no less than 98 percent;
(C) Is equipped with
low-NOx burners prior to the time of commencement of
operations following reactivation; and
(D) Is otherwise in compliance with the
requirements of the Clean Air Act.
"Reference method" means any
method of sampling and analyzing for an air pollutant as specified in the
applicable subpart.
"Repowering" means replacement
of an existing coal-fired boiler with one of the following clean coal
technologies: atmospheric or pressurized fluidized bed combustion, integrated
gasification combined cycle, magnetohydrodynamics, direct and indirect
coal-fired turbines, integrated gasification fuel cells, or as determined by
the Administrator of EPA, in consultation with the Secretary of Energy, a
derivative of one or more of these technologies, and any other technology
capable of controlling multiple combustion emissions simultaneously with
improved boiler or generation efficiency and with significantly greater waste
reduction relative to the performance of technology in widespread commercial
use as of November 15, 1990. Repowering shall also include any oil and/or
gas-fired unit which has been awarded clean coal technology demonstration
funding as of January 1, 1991, by the Department of Energy.
"Run" means the net period of
time during which an emission sample is collected. Unless otherwise specified,
a run may be either intermittent or continuous within the limits of good
engineering practice.
"Shutdown" means the cessation
of operation of an affected facility for any purpose.
"Six-minute period" means any
one of the 10 equal parts of a one-hour period.
"Standard" means a standard of
performance proposed or promulgated under this section.
"Standard conditions" means a
temperature of 293°K (68°F) and a pressure of 101.3 Kilopascals of Hg
(29.92 in. of Hg).
"Start-up" means the setting in
operation of an affected facility for any purpose.
"State" means the Wyoming Air
Quality Division which has been delegated authority to implement:
(A) The provisions of this section;
and/or
(B) The permit program
established under 40 CFR Part 70 .
"Stationary source" means any
building, structure, facility, or installation which emits or may emit any air
pollutant.
"Volatile organic compounds"
means any organic compound which participates in atmospheric photochemical
reactions; or which is measured by a reference method, an equivalent method, an
alternative method, or which is determined by procedures specified under any
subpart.
(ii) Abbreviations:
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A
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ampere
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A.S.T.M.
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American Society for Testing and Materials
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Btu
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British thermal unit
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cal
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calorie
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CdS
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Cadmium sulfide
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cfm
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cubic feet per minute
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CO
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carbon monoxide
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CO
|
carbon dioxide
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°C
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degree Celsius (centigrade)
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°F
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degree Fahrenheit
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°K
|
degree Kelvin
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°R
|
degree Rankine
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dscm
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dry cubic meter(s) at standard conditions
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dscf
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dry cubic feet at standard conditions
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eq
|
equivalents
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g
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gram(s)
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gal
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gallon(s)
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g eq
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gram equivalents
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gr
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grain(s)
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HCl
|
hydrochloric acid
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Hg
|
mercury
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hr
|
hour(s)
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H2O
|
water
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H2S
|
hydrogen sulfide
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H2SO4
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sulfuric acid
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Hz
|
hertz
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in
|
inch(es)
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J
|
joule
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k
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1,000
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kg
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kilogram(s)
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l
|
liters
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lb
|
pound(s)
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lpm
|
Liter(s) per minute
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m
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meter(s)
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meq
|
milliequivalent(s)
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mg
|
milligram(s)
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Mg
|
megagram - 106 gram
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min
|
minute(s)
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ml
|
milliliter(s)
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mm
|
millimeter(s)
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mol. wt.
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molecular weight
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mv
|
millivolt
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N
|
newton
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N
|
nitrogen
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ng
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nanogram - 10-9
gram
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nm
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nanometer(s) - 10-9
meter
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NO
|
nitric oxide
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NO2
|
nitrogen dioxide
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NOx
|
nitrogen oxides
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O
|
oxygen
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Pa
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pascal
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ppb
|
parts per billion
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ppm
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parts per million
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psia
|
pounds per square inch absolute
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s
|
second
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sec
|
second
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SO2
|
sulfur dioxide
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SO3
|
sulfur trioxide
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STD
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at standard conditions
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µg
|
microgram(s) - 10-6
gram
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V
|
volt
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W
|
watt
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(f) Permit Requirements: Compliance with the
provisions of this section shall in no way relieve the owner or operator of
responsibility for compliance with other applicable sections of these
regulations. The permit requirements of Chapter 6, Section
2 are specifically applicable to affected
facilities subject to the requirements of this section.
(g) Notification and Recordkeeping:
(i) Any owner or operator subject to the
provisions of this section shall furnish the Administrator written notification
as follows:
(A) A notification of the date
construction (or reconstruction as defined under Chapter 1, Section
3) of an affected facility is commenced
postmarked no later than 30 days after such date. This requirement shall not
apply in the case of mass-produced facilities which are purchased in completed
form.
(B) A notification of any
physical or operational change to an existing facility which may increase the
emission rate of any air pollutant to which a standard applies, unless that
change is specifically exempted under an applicable subpart or in Chapter 5,
Section 2(k).
This notice shall be postmarked 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 Administrator may request additional
relevant information subsequent to this notice.
(C) A notification of the date upon which
demonstration of the continuous monitoring system performance commences in
accordance with Chapter 5, Section
2(j)(iii). Notification
shall be postmarked not less than 30 days prior to such date.
(D) A notification of the anticipated date
for conducting the opacity observations required by Chapter 5, Section
2(i)(v) of this section.
The notification shall be postmarked not less than 30 days prior to such
date.
(E) A notification that
continuous opacity monitoring system data results will be used to determine
compliance with the applicable opacity standard during a performance test
required by Chapter 5, Section
2(h) in lieu of Method 9
observation data as allowed by Chapter 5, Section
2(i)(v)(D). This
notification shall be postmarked not less than 30 days prior to the date of the
performance test.
(ii)
Any owner or operator subject to the provisions of this section 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.
(iii) Each owner or operator required to
install a continuous monitoring system (CMS) or monitoring device shall submit
an excess emissions and monitoring systems performance report (excess emissions
are defined in applicable subparts) and/or a summary report form (see paragraph
E of this section) to the Administrator semiannually, except when: more
frequent reporting is specifically required by an applicable subpart; or the
CMS data are to be used directly for compliance determination, in which case
quarterly reports shall be submitted; or the Administrator, on a case-by-case
basis, determines that more frequent reporting is necessary to accurately
assess the compliance status of the source. All reports shall be postmarked by
the 30th day following the end of each calendar half
(or quarter, as appropriate). Written reports of excess emissions shall include
the following information:
(A) The magnitude
of excess emissions computed in accordance with Chapter 5, Section
2(j) (viii), any conversion
factor(s) used, and the date and time of commencement and completion of each
time period of excess emissions. The process operating time during the
reporting period.
(B) Specific
identification of each period of excess emissions that occurs during start-ups,
shutdowns, malfunctions of the affected facility. The nature and cause of any
malfunction (if known), the corrective action taken or preventative measures
adopted.
(C) 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.
(D) 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.
(E) The summary report
form shall contain the information and be in the format shown in Form B unless
otherwise specified by the Administrator. One summary report form shall be
submitted for each pollutant monitored at each affected facility.
(I) If the total duration of excess emissions
for the reporting period is less than 1 percent of the total operating time for
the reporting period and CMS downtime for the reporting period is less than 5
percent of the total operating time for the reporting period, only the summary
report form shall be submitted and the excess emission report described in
paragraph (iii) of this subsection need not be submitted unless requested by
the Administrator.
(II) If the
total duration of excess emissions for the reporting period is 1 percent or
greater of the total operating time for the reporting period or the total CMS
downtime for the reporting period is 5 percent or greater of the total
operating time for the reporting period, the summary report form and the excess
emission report described in paragraph (iii) of this subsection shall both be
submitted.
Form B
EXCESS EMISSION SUMMARY REPORT
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(iv)
(A)
Notwithstanding the frequency of reporting requirements specified in paragraph
(iii) of this subsection, an owner or operator who is required by an applicable
subpart to submit excess emissions and monitoring systems performance reports
(and summary reports) on a quarterly (or more frequent) basis may reduce the
frequency of reporting for that standard to semiannual if the following
conditions are met:
(I) For 1 full year (e.g.,
4 quarterly or 12 monthly reporting periods) the affected facility's excess
emissions and monitoring systems reports submitted to comply with a standard
under this section continually demonstrate that the facility is in compliance
with the applicable standard;
(II)
The owner or operator continues to comply with all recordkeeping and monitoring
requirements specified in this section and the applicable standard;
and
(III) The Administrator does
not object to a reduced frequency of reporting for the affected facility, as
provided in paragraph (iv)(B) of this subsection.
(B) The frequency of reporting of excess
emissions and monitoring systems performance (and summary) reports may be
reduced only after the owner or operator notifies the Administrator in writing
of the intent to make such a change and the Administrator does not object to
the intended change. In deciding whether to approve a reduced frequency of
reporting, the Administrator may review information concerning the source's
entire previous performance history during the required recordkeeping period
prior to the intended change, including performance test results, monitoring
data, and evaluations of an owner or operator's conformance with operation and
maintenance requirements. Such information may be used by the Administrator to
make a judgment about the source's potential for noncompliance in the future.
If the Administrator disapproves the owner or operator's request to reduce the
frequency of reporting, the Administrator will notify the owner or operator in
writing within 45 days after receiving notice of the owner or operator's
intention. The notification from the Administrator to the owner or operator
will specify the ground on which the disapproval is based. In the absence of a
notice of disapproval within 45 days, approval is automatically
granted.
(C) As soon as monitoring
data indicate that the affected facility is not in compliance with any emission
limitation or operating parameter specified in the applicable standard, the
frequency of reporting shall revert to the frequency specified in the
applicable standard, and the owner or operator shall submit an excess emissions
and monitoring systems performance report (and summary report, if required) at
the next appropriate reporting period following the noncomplying event. After
demonstrating compliance with the applicable standard for another full year,
the owner or operator may again request approval from the Administrator to
reduce the frequency of reporting for that standard as provided for in
paragraphs (iv)(A) and (iv)(B) of this subsection.
(v) Any owner or operator subject to the
provisions of this section shall maintain a file of all measurements, including
continuous monitoring system, monitoring device, and performance testing
measurements; 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 section recorded in a permanent form
suitable for inspection. The file shall be retained for at least two years
following the date of such measurements, maintenance, reports, and
record.
(vi) Individual subparts of
40 CFR Part 60 may include specific provisions which clarify or made
inapplicable the provisions set forth in this section.
(h) Performance Tests:
(i) The owner or operator of an affected
facility shall conduct performance test(s) within the times specified in
Chapter 6, Section
2(j) and furnish the
Administrator a written report of the results of such performance
test(s).
(ii) Performance tests
shall be conducted and data reduced in accordance with the test methods and
procedures contained in each applicable subpart unless the Administrator (1)
specifies or approves, in specific cases, the use of a reference method with
minor changes in methodology; (2) obtains approval from the EPA Administrator
for use of an equivalent method; (3) obtains approval from the EPA
Administrator for use of an alternative method the results of which he had
determined to be adequate for indicating whether a specific source is in
compliance; (4) waives the requirement for performance tests because the owner
or operator of a source has demonstrated by other means to the Administrator's
satisfaction that the affected facility is in compliance with the standard; or
(5) approves shorter sampling times and smaller sample volumes when
necessitated by process variables or other factors. Nothing in this paragraph
shall be construed to abrogate the Administrator's authority to require other
testing.
(iii) Performance tests
shall be conducted under such conditions as the Administrator shall specify to
the plant operator based on representative performance of the affected
facility. The owner or operator shall make available to the Administrator such
records as may be necessary to determine the conditions of the performance
tests. Operations during periods of start-up, shutdown, and malfunction shall
not constitute representative conditions for the purpose of a performance test
nor shall emissions in excess of the level of the applicable emission limit
during periods of start-up, shutdown, and malfunction be considered a violation
of the applicable emission limit unless otherwise specified in the applicable
standard.
(iv) The owner or
operator of an affected facility shall provide, or cause to be provided,
performance testing facilities as follows:
(A)
Sampling ports adequate for test methods applicable to such facility. This
includes:
(I) Constructing the air pollution
control system such that volumetric flow rates and pollutant emission rates can
be accurately determined by applicable test methods and procedures
and;
(II) Providing a stack or duct
free of cyclonic flow during performance tests, as demonstrated by applicable
test methods and procedures;
(B) Safe sampling platform(s);
(C) Safe access to sampling
platform(s);
(D) Utilities for
sampling and testing equipment.
(v) Unless otherwise specified in the
applicable subpart, each performance test shall consist of three separate runs
using the applicable test method. Each run shall be conducted for the time and
under the conditions specified in the applicable standard. For the purpose of
determining compliance with an applicable standard, the arithmetic means of
results of the three runs shall apply. In the event that a sample is
accidentally lost or conditions occur in which one of the three runs must be
discontinued because of forced shutdown, failure of an irreplaceable portion of
the sample train, extreme meteorological conditions, or other circumstances,
beyond the owner or operator's control, compliance may, upon the
Administrator's approval, be determined using the arithmetic mean of the
results of the two other runs.
(i) Compliance With Standards and Maintenance
Requirements:
(i) Compliance with standards in
this section, other than opacity standards, shall be determined by performance
tests established by Chapter 5, Section
2(h), unless otherwise
specified in the applicable standard.
(ii) Compliance with opacity standards in
this section shall be determined by conducting observations in accordance with
Reference Method 9 in 40 CFR Part 60, Appendix A or any alternative method that
is approved by the EPA Administrator, or as provided in paragraph (v)(D) of
this section. For purposes of determining initial compliance, the minimum total
time of observations shall be 3-hours (30 6-minute averages) for the
performance test or other set of observations (meaning those fugitive-type
emission sources subject only to an opacity standard).
(iii) The opacity standards set forth in this
section shall apply at all times except during periods of start-up, shutdown,
malfunction, and as otherwise provided in the applicable standard.
(iv) At all times, including periods of
start-up, shutdown, and malfunction, owners and operators shall, to the extent
practicable, maintain and operate any affected facility including associated
air pollution control equipment in a manner consistent with good air pollution
control practice for minimizing emissions. Determination of whether acceptable
operating and maintenance procedures are being used will be based on
information available to the Administrator which may include, but is not
limited to, monitoring results, opacity observations, review of operating and
maintenance procedures, and inspection of the source.
(v)
(A) For
the purpose of demonstrating initial compliance, opacity observations shall be
conducted concurrently with the initial performance test required in Chapter 5,
Section 2(h)
unless one of the following conditions apply. If no performance test under
Chapter 5, Section
2(h) is required, then
opacity observations shall be conducted within 60 days after achieving the
maximum production rate at which the affected facility will be operated but no
later than 180 days after initial start-up of the facility. If visibility or
other conditions prevent the opacity observations from being conducted
concurrently with the initial performance test required under Chapter 5,
Section 2(h),
the source owner or operator shall reschedule the opacity observations as soon
after the initial performance test as possible, but not later than 30 days
thereafter, and shall advise the Administrator of the rescheduled date. In
these cases, the 30-day prior notification to the Administrator required in
Chapter 5, Section
2(g)(i)(D) shall be waived.
The rescheduled opacity observations shall be conducted (to the extent
possible) under the same operating conditions that existed during the initial
performance test conducted under Chapter 5, Section
2(h). The visible emissions
observer shall determine whether visibility or other conditions prevent the
opacity observations from being made concurrently with the initial performance
test in accordance with procedures contained in Reference Method 9 of 40 CFR
Part 60, Appendix A. Opacity reading of portions of plumes which contain
condensed, uncombined water vapor shall not be used for purposes of determining
compliance with opacity standards. The owner or operator of an affected
facility shall make available, upon request by the Administrator, any records
as may be necessary to determine the conditions under which the visual
observations were made and shall provide evidence indicating proof of current
visible observer emission certification. Except as provided in paragraph (v)(D)
of this section, the results of continuous monitoring by transmissometer which
indicate that the opacity at the time visual observations were made was not in
excess of the standard are probative but not conclusive evidence of the actual
opacity of an emission, provided that the source shall meet the burden of
proving that the instrument used meets (at the time of the alleged violation)
Performance Specification 1 in 40 CFR Part 60, Appendix B, has been properly
maintained and (at the time of the alleged violation) that the resulting data
have not been altered in any way.
(I) The
inability of an owner or operator to secure a visible emissions observer shall
not be considered a reason for not conducting the opacity observations
concurrent with the initial performance test.
(B) The owner or operator of an affected
facility to which an opacity standard in this section applies shall conduct
opacity observations in accordance with Chapter 5, Section
2(i)(ii), shall record the
opacity of emissions, and shall report to the Administrator the opacity results
along with the results of the initial performance test required under Chapter
5, Section
2(h).
(C) An owner or operator of an affected
facility using a continuous opacity monitor (transmissometer) shall record the
monitoring data produce during the initial performance test required by Chapter
5, Section
2(h) and furnish the
Administrator a written report of the monitoring results along with Method 9
and Chapter 5, Section
2(h) performance test
results.
(D) An owner or operator
of an affected facility subject to an opacity standard may submit, for
compliance purposes, continuous opacity monitoring system (COMS) data results
produced during any performance test required under Chapter 5, Section
2(h) in lieu of Method 9
observation data. If an owner or operator elects to submit COMS data for
compliance with the opacity standard, he shall notify the Administrator of that
decision in writing, at least 30 days before any performance test required
under Chapter 5, Section
2(h) is conducted. Once the
owner or operator of an affected facility has notified the Administrator to
that Effect, the COMS data results will be used to determine opacity compliance
during subsequent tests required under Chapter 5, Section
2(h) until the owner or
operator notifies the Administrator in writing to the contrary. For the purpose
of determining compliance with the opacity standard during a performance test
required under Chapter 5, Section
2(h) using COMS data the
minimum total time of COMS data collection shall be the averages of all
6-minute continuous periods within the duration of the mass emission
performance test. Results of the COMS opacity determinations shall be submitted
along with the results of the performance test required under Chapter 5,
Section 2(h).
The owner or operator of an affected facility using a COMS for compliance
purposes is responsible for demonstrating that the COMS meets the requirements
specified in Chapter 5, Section
2(j)(iii) of this section,
that the COMS has been properly maintained and operated, and that the resulting
data have not been altered in any way. If COMS data results are submitted for
compliance with the opacity standard for a period of time during which Method 9
data indicates noncompliance, the Method 9 data will be used to determine
opacity compliance.
(E) Upon
receipt from an owner or operator of the written reports of the results of the
performance tests required by Chapter 5, Section
2(h), the opacity
observation results and observer certification required by Chapter 5, Section
2(i)(v)(A) and the COMS
results, if applicable, the Administrator will make a finding concerning
compliance with opacity and other applicable standards. If COMS data results
are used to comply with an opacity standard, only those results are required to
be submitted along with the performance test results required by Chapter 5,
Section 2(h).
If the Administrator finds that an affected facility is in compliance with all
applicable standards for which performance tests are conducted in accordance
with Chapter 5, Section
2(h) of this section but
during the time such performance tests are being conducted fails to meet any
applicable opacity standard, he shall notify the owner or operator and advise
him that he may petition the Administrator within 10 days of receipt of
notification to make appropriate adjustment to the opacity standard for the
affected facility. The notifications received requesting adjustments to the
opacity standard of the affected facility will be forwarded to EPA for
resolution.
(vi) Special
provisions set forth under an applicable subpart in 40 CFR Part 60 shall
supersede any conflicting provisions in this section.
(vii) For the purpose of submitting
compliance certifications or establishing whether or not a person has violated
or is in violation of any standard in this section, nothing in this section
shall preclude the use, including the exclusive use, of any credible evidence
or information, relevant to whether a source would have been in compliance with
the applicable requirements if the appropriate performance or compliance test
or procedure had been performed.
(j) Monitoring Requirements:
(i) For the purposes of this section, all
continuous monitoring systems required under applicable subparts shall be
subject to the provisions of this section upon promulgation of performance
specifications for continuous monitoring systems under 40 CFR Part 60, Appendix
B and, if the continuous monitoring system is used to demonstrate compliance
with emission limits on a continuous basis, 40 CFR Part 60, Appendix F, unless
otherwise specified in an applicable subpart or by the Administrator. Appendix
F is applicable December 4, 1987.
(ii) All continuous monitoring systems and
monitoring devices shall be installed and operational prior to conducting
performance tests under Chapter 5, Section
2(h). Verification of
operational status shall, as a minimum, include completion of manufacturer's
written requirements or recommendations for installation, operation, and
calibration of the device.
(iii) If
the owner or operator of an affected facility elects to submit COMS data for
compliance with the opacity standard as provided under Chapter 5, Section
2(i)(v)(D), he shall
conduct a performance evaluation of the COMS as specified in Performance
Specification 1, 40 CFR Part 60, Appendix B, before the performance test
required under Chapter 5, Section
2(h) is conducted.
Otherwise, the owner or operator of an affected facility shall conduct a
performance evaluation of the COMS or continuous emission monitoring system
(CEMS) during any performance test required under Chapter 5, Section
2(h) or within 30 days
thereafter in accordance with the applicable performance specification in 40
CFR Part 60, Appendix B. The owner or operator of an affected facility shall
conduct COMS or CEMS performance evaluations at such other times as may be
required by the Administrator.
(A) The owner
or operator of an affected facility using a COMS to determine opacity
compliance during any performance test required under Chapter 5, Section
2(h) and as described in
Chapter 5, Section
2(i)(v)(D) shall furnish
the Administrator two or, upon request, more copies of a written report of the
results of the COMS performance evaluation described in paragraph (iii) of this
section at least 10 days before the performance test required under Chapter 5,
Section 2(h)
is conducted.
(B) Except as
provided in paragraph (iii)(A) of this section, the owner or operator of an
affected facility shall furnish the Administrator within 60 days of completion
two or, upon request, more copies of a written report of the results of the
performance evaluation.
(C) These
continuous monitoring system performance evaluations, except as provided in
paragraph (x) of this section shall be conducted in accordance with the
requirements and procedures contained in the applicable performance
specification of 40 CFR Part 60, Appendix B as follows:
(I) Continuous monitoring systems for
measuring opacity of emissions installed on or after March 30, 1983 shall
comply with all the provisions and requirements in Performance Specification 1.
Continuous monitoring systems for measuring opacity of emissions installed
before March 30, 1983 are required to comply with the provisions and
requirements of Performance Specification 1 except for the following:
(1.) Section
4 - Installation specifications.
(2.) Paragraphs 5.1.4 - Optical alignment
sight, 5.1.6 -Access to external optics, 5.1.7 - Automatic zero compensation
indicator, and 5.1.8 - Slotted tube of Section
5 - Design and Performance Specification
1.
(3.) Paragraph 6.4 - Optical
alignment sight of Section
6. Design specifications verification
procedure.
If an existing opacity monitoring system is replaced on or
after March 30, 1983, the new opacity monitoring system shall comply with the
requirements of Performance Specification 1, except the new monitoring system
may be located at the same measurement location as for the replaced monitoring
system. If a new measurement location is to be determined at the time of
replacement, the new location must meet the requirements of Performance
Specification 1.
(II) Continuous monitoring systems for
measuring nitrogen oxides emissions shall comply with Performance Specification
2.
(III) Continuous monitoring
systems for measuring sulfur dioxide emissions shall comply with Performance
Specification 2.
(IV) Continuous
monitoring systems for measuring the oxygen content or carbon dioxide content
of effluent gases shall comply with Performance Specification 3.
(iv)
(A) Owners and operators of all continuous
emission monitoring systems installed in accordance with the provisions of this
section shall check the zero (or low-level value between 0 and 20 percent of
span value) and span (50 to 100 percent of span value) calibration drifts at
least once daily in accordance with a written procedure. The zero and span
shall, as a minimum, be adjusted whenever the 24-hour zero drift or 24-hour
span drift exceeds two times the limits of the applicable performance
specifications in 40 CFR Part 60, Appendix B. The system must allow the amount
of excess zero and span drift measured at the 24-hour interval checks to be
recorded and quantified, whenever specified. For continuous monitoring systems
measuring opacity of emissions, the optical surfaces exposed to the effluent
gases shall be cleaned prior to performing the zero and span drift adjustments
except that for systems using automatic zero adjustments, the optical surfaces
shall be cleaned when the cumulative zero compensation exceeds 4 percent
opacity.
(B) Unless otherwise
approved by the Administrator, owners and operators shall adhere to the
following procedures 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 value) 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.
(v) Except for system breakdown, repairs,
calibration checks, and zero and span adjustments required under paragraph (iv)
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 paragraphs (iii)(A) and (B) of this section for measuring opacity
of emissions shall complete a minimum of one cycle of sampling and analyzing
for each successive ten-second period and one cycle of data recording for each
successive six-minute period.
(B)
All continuous monitoring systems referenced by paragraphs (iii)(A) and (B) of
this section for measuring emissions, except opacity shall complete a minimum
of one cycle of operation (sampling, analyzing, and data recording) for each
successive 15-minute period.
(vi) 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. Owners
and operators shall use additional procedures contained in the applicable
Performance Standards for 40 CFR Part 60, Appendix B for location of continuous
monitoring systems.
(vii) When the
effluents from a single affected facility or two or more affected facilities
subject to the same emission standards 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 emissions standards, separate
continuous monitoring systems shall be installed on each effluent. When the
effluent from one affected facility is released to the atmosphere through more
than one 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 Administrator. When more than one continuous
monitoring system is used to measure the emissions from one affected facility
(e.g., multiple breechings, multiple outlets), the owner or operator shall
report the results as required from each continuous monitoring
system.
(viii) Owners or operators
of all continuous monitoring systems for measurement of opacity shall reduce
all data to six-minute averages, and shall reduce all data for systems other
than opacity to one-hour averages for the time period as defined under Chapter
5, Section
2(c)(i). Six-minute opacity
averages shall be calculated from 36 or more data points equally spaced over
each six-minute period. For systems other than opacity, one-hour averages shall
be computed from four or more data points equally spaced over each one-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 paragraph. 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 non-reduced form (e.g., ppm pollutant and percent
O2 or lb/million Btu of pollutant). All excess emissions
shall be converted into units of the standard using the applicable conversion
procedures specified in subparts. After conversion into units of the standard,
the data may be rounded to the same number of significant digits used in
subparts to specify the applicable standard (e.g., rounded to the nearest one
percent opacity).
(ix) Upon written
application by an owner or operator, the Administrator may approve alternatives
to any monitoring procedures or requirements of this section including, but not
limited to the following:
(A) Alternative
monitoring requirements when installation of a continuous monitoring system or
monitoring device specified by this section 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 requirement to accommodate continuous monitoring systems that
require additional measurements to correct for 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
A.S.T.M. test methods or sampling procedures specified by any
subpart.
(H) Alternative continuous
monitoring systems that do not meet the design or performance requirements in
Performance Specification 1 of 40 CFR Part 60, Appendix B, 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 Administrator 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
or more affected facilities are released to the atmosphere through more than
one point.
(x) An
alternative to the relative accuracy test specified in Performance
Specification 2 of 40 CFR Part 60, Appendix B may be requested as follows:
(A) An alternative to the reference method
tests for determining relative accuracy is available for sources with emission
rates demonstrated to be less than 50 percent of the applicable standard. A
source owner or operator may petition the Administrator to waive the relative
accuracy test in Section
7 of Performance Specification 2 and
substitute the procedures in Section
10 if the results of the performance test
conducted according to the requirements in Chapter 5, Section
2(h) of this section or
other tests performed following the criteria in Chapter 5, Section
2(h) demonstrate that the
emission rate of the pollutant of interest in the units of the applicable
standard is less than 50 percent of the applicable standard. For sources
subject to standards expressed as control efficiency levels, a source owner or
operator may petition the Administrator to waive the relative accuracy test and
substitute the procedures in Section
10 of Performance Specification 2 if the
control device exhaust emission rate is less than 50 percent of the level
needed to meet the control efficiency requirement. The alternative procedures
do not apply if the continuous emission monitoring system is used to determine
compliance continuously with the applicable standard. The petition to waive the
relative accuracy test shall include a detailed description of the procedures
to be applied. Included shall be location and procedure for conducting the
alternative, the concentration or response levels of the alternative RA
materials, and the other equipment checks included in the alternative
procedure. The Administrator will review the petition for completeness and
applicability. The determination to grant a waiver will depend on the intended
use of the CEMS data (e.g., data collection purposes other than NSPS) and may
require specifications more stringent than in Performance Specification 2
(e.g., the applicable emission limit is more stringent than NSPS).
(B) The waiver of CEMS relative accuracy test
will be reviewed and may be rescinded at such time following successful
completion of the alternative RA procedure that the CEMS data indicate the
source emissions approaching the level of the applicable standard. The
criterion for reviewing the waiver is the collection of CEMS data showing that
emissions have exceeded 70 percent of the applicable standard for seven
consecutive averaging periods as specified by the applicable regulation(s). For
sources subject to standards expressed as control efficiency levels, the
criterion for reviewing the waiver is the collection of CEMS data showing that
exhaust emissions have exceeded 70 percent of the level needed to meet the
control efficiency requirement for seven consecutive averaging periods as
specified by the applicable regulation(s). It is the responsibility of the
source operator to maintain records and determine the level of emissions
relative to the criterion on the waiver of relative accuracy testing. If this
criterion is exceeded, the owner or operator must notify the Administrator
within 10 days of such occurrence and include a description of the nature and
cause of increasing emissions. The Administrator will review the notification
and may rescind the waiver and require the owner or operator to conduct a
relative accuracy test of the CEMS as specified in Section
7 of Performance Specification
2.
(k)
Modification:
(i) Except as provided under
paragraphs (iv) and (v) of this section, any physical or operational change to
an existing facility which results in an increase in the emission rate to the
atmosphere of any pollutant to which a standard applies shall be considered a
modification. Upon modification, an existing facility shall become an affected
facility for each pollutant to which a standard applies and for which there is
an increase in the emission rate to the atmosphere.
(ii) Emission rate shall be expressed as
kg/hr of any pollutant discharged into the atmosphere for which a standard is
applicable. The Administrator shall use the following to determine emission
rate:
(A) Emission factors as specified in the
latest issue of "Compilation of Air Pollutant Emission Factors", EPA
Publication No. AP-42, or other emission factors determined by the
Administrator to be superior to AP-42 emission factors, in cases where
utilization of emission factors demonstrate that the emission level resulting
from the physical or operational change will either clearly increase or clearly
not increase.
(B) Material
balances, continuous monitor data, or manual emission tests in cases where
utilization of emission factors as referenced in paragraph (ii)(A) of this
section does not demonstrate to the Administrator's satisfaction whether the
emission level resulting from the physical or operational change will either
clearly increase or clearly not increase, or where an owner or operator
demonstrates to the Administrator's satisfaction that there are reasonable
grounds to dispute the result obtained by the Administrator utilizing emission
factors as referenced in paragraph (ii)(A) of this section. When the emission
rate is based on results from manual emission tests or continuous monitoring
systems, the procedures specified in 40 CFR Part 60, Appendix C shall be used
to determine whether an increase in emission rate has occurred. Tests shall be
conducted under such conditions as the Administrator shall specify to the owner
or operator based on representative performance of the facility. At least three
valid test runs must be conducted before and at least three after the physical
or operational change. All operating parameters which may affect emissions must
be held constant to the maximum feasible degree for all test
runs.
(iii) The addition
of an affected facility to a stationary source as an expansion to that source
or as a replacement for an existing facility shall not by itself bring within
the applicability of this section any other facility within that
source.
(iv) The following shall
not, by themselves, be considered modifications under this section:
(A) Maintenance, repair, and replacement
which the Administrator determines to be routine for a source category, subject
to the provisions of paragraph (iii) of this section and Chapter 5, Section
2(I).
(B) An increase in production rate of an
existing facility, if that increase can be accomplished without a capital
expenditure on that facility.
(C)
An increase in the hours of operation.
(D) Use of an alternative fuel or raw
material if, prior to the date any standard under this section becomes
applicable to that source type, as provided by Chapter 5, Section
2(d), the existing facility
was designed to accommodate that alternative use. A facility shall be
considered to be designed to accommodate an alternative fuel or raw material if
that use could be accomplished under the facility's construction
specifications, as amended, prior to the change. Conversion to coal required
for energy considerations as specified in section 111(a)(8) of the Act, shall
not be considered a modification.
(E) The addition or use of any system or
device whose primary function is the reduction of air pollutants, except when
an emission control system is removed or is replaced by a system which the
Administrator determines to be less environmentally beneficial.
(F) The relocation or change in ownership of
an existing facility.
(v)
Special provisions set forth under an applicable subpart shall supersede any
conflicting provisions of Chapter 5, Section
2(k).
(vi) Within 180 days of the completion of any
physical or operational change subject to the control measures specified in
paragraphs 2(k)(i) of this section, compliance with all applicable standards
must be achieved.
(vii) No physical
change, or change in the method of operation, at an existing electric utility
steam generating unit shall be treated as a modification for the purposes of
this subsection provided that such change does not increase the maximum hourly
emissions of any pollutant regulated under this subsection above the maximum
hourly emissions achievable at that unit during the 5 years prior to the
change.
(viii) Repowering projects
that are awarded funding from the Department of Energy as permanent clean coal
technology demonstration projects (or similar projects funded by EPA) are
exempt from the requirements of this section provided that such change does not
increase the maximum hourly emissions of any pollutant regulated under this
section above the maximum hourly emissions achievable at that unit during the
five years prior to the change.
(ix)
(A)
Repowering projects that qualify for an extension under section 409(b) of the
Clean Air Act are exempt from the requirements of this section, provided that
such change does not increase the actual hourly emissions of any pollutant
regulated under this section above the actual hourly emissions achievable at
that unit during the 5 years prior to the change.
(B) This exemption shall not apply to any new
unit that:
(I) Is designated as a replacement
for an existing unit;
(II)
Qualifies under section 409(b) of the Clean Air Act for an extension of an
emission limitation compliance date under section 405 of the Clean Air Act;
and
(III) Is located at a different
site than the existing unit.
(x) The installation, operation, cessation,
or removal of a temporary clean coal technology demonstration project is exempt
from the requirements of this section. A temporary clean coal control
technology demonstration project, for the purposes of this section is a clean
coal technology demonstration project that is operated for a period of 5 years
or less, and which complies with the State implementation plan for the state in
which the project is located and other requirements necessary to attain and
maintain the National Ambient Air Quality Standards during the project and
after it is terminated.
(xi) The
reactivation of a very clean coal-fired electric utility steam generating unit
is exempt from the requirements of this section.
(l) Reconstruction:
(i) An existing facility, upon
reconstruction, becomes an affected facility, irrespective of any change in
emission rate.
(ii)
"Reconstruction" means the replacement of
components of an existing facility to such an extent that:
(A) The fixed capital cost of the new
components exceeds 50 percent of the fixed capital cost that would be required
to construct a comparable entirely new facility, and
(B) It is technologically and economically
feasible to meet the applicable standards set forth in this section.
(iii)
"Fixed capital
cost" means the capital needed to provide all the depreciable
components.
(iv) If an owner or
operator of an existing facility proposes to replace components, and the fixed
capital cost of the new components exceeds 50 percent of the fixed capital cost
that would be required to construct a comparable entirely new facility, he
shall notify the Administrator of the proposed replacements. The notice must be
postmarked 60 days (or as soon as practicable) before construction of the
replacements is commenced and must include the following information:
(A) Name and address of the owner or
operator.
(B) The location of the
existing facility.
(C) A brief
description of the existing facility and the components which are to be
replaced.
(D) A description of the
existing air pollution control equipment and the proposed air pollution control
equipment.
(E) An estimate of the
fixed capital cost of the replacements and of constructing a comparable
entirely new facility.
(F) The
estimated life of the existing facility after the replacements.
(G) A discussion of any economic or technical
limitations the facility may have in complying with the applicable standards of
performance after the proposed replacements.
(v) The Administrator will determine, within
30 days of the receipt of the notice required by paragraph (iv) of this section
and any additional information he may reasonably require, whether the proposed
replacement constitutes reconstruction.
(vi) The Administrator's determination under
paragraph (v) shall be based on:
(A) The fixed
capital cost of the replacements in comparison to the fixed capital cost that
would be required to construct a comparable entirely new facility;
(B) The estimated life of the facility after
the replacements compared to the life of a comparable entirely new
facility;
(C) The extent to which
the components being replaced cause or contribute to the emissions from the
facility and
(D) Any economic or
technical limitations on compliance with applicable standards of performance
which are inherent in the proposed replacements.
(vii) Individual subparts may include
specific provisions which refine and delimit the concept of reconstruction set
forth in this section.
(m) General Control Device Requirements:
(i) This section contains requirements for
control devices used to comply with applicable subparts of Chapter 5, Section
2. The requirements are placed here for
administrative convenience and only apply to facilities covered by subparts
referring to this section.
(ii)
Flares:
(A) General Design:
(I) Flares shall be designed for and operated
with no visible emissions as determined by the methods specified in paragraph
(D), except for periods not to exceed a total of 5 minutes during any 2
consecutive hours.
(II) Flares
shall be operated with flame present at all times, as determined by the methods
specified in paragraph (D).
(III)
Flares shall be used only with the net heating value of the gas being combusted
being 300 Btu/Scf (11.2 MJ/scm) or greater if the flare is steam-assisted or
air-assisted or with the net heating value of the gas being combusted being 200
Btu/scf (7.45 MJ/scm) or greater if the flare is nonassisted. The net heating
value of the gas being combusted shall be determined by the methods specified
in paragraph (D).
(IV)
Steam-assisted and nonassisted flare shall be designed for and operated with an
exit velocity as determined by the methods specified in paragraph (D)(IV), less
than 60 ft/sec (18.3 m/sec) except as follows:
(1.) Steam-assisted and nonassisted flares
designed for and operated with an exit velocity, as determined by the methods
specified in paragraph (D)(IV) equal to or greater than 60 ft/sec (18.3 m/sec)
but less than 400 ft/sec (122 m/sec) are allowed if the net heating value of
the gas being combusted is greater than 1000 Btu/scf (37.3 MJ/scm).
(2.) Steam-assisted and nonassisted flares
designed for and operated with an exit velocity as determined by the methods
specified in paragraph (D)(IV), less than the velocity Vmax, as determined by
the method specified in paragraph (D)(V), and less than 400 ft/sec (122 m/sec)
are allowed.
(V)
Air-assisted flares shall be designed and operated with an exit velocity less
than the velocity, Vmax, as determined by the method specified in paragraph
(D)(VI).
(VI) Flares used to comply
with this section shall be steam-assisted, air-assisted or
nonassisted.
(B) Owners
or operators of flares used to comply with the provisions of this section shall
monitor these control devices to ensure that they are operated and maintained
in conformance with their designs. Applicable subparts will provide provisions
stating how owners or operators of flares shall monitor these control
devices.
(C) Flares used to comply
with the provisions of an applicable subpart shall be operated at all times
when emissions may be vented to them.
(D) Determinations:
(I) Reference Method 22 shall be used to
determine the compliance of flares with the visible emission provisions of this
section. The observation period is 2 hours and shall be used according to
Method 22.
(II) The presence of a
flare pilot flame shall be monitored using a thermocouple or any other
equivalent device to detect the presence of a flame.
(III) The net heating value of the gas being
combusted in a flare shall be calculated using the following equation:
where:
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HT = Net heating value of the sample,
MJ/scm; where the net enthalpy per mole of offgas is based on combustion at
25°C and 760 mm Hg, but the standard temperature for determining the value
corresponding to one mole is 20°C.
K = Constant,
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Ci = Concentration of sample component
i in ppm on a wet basis, as measured for organics by reference method 18 and
measured for hydrogen and carbon monoxide by ASTM D1946-90 (2006) Standard
Practice for Analysis of Reformed Gas by Gas Chromatography.
Hi = Net heat of combustion of sample
component i, kcal/g mole at 25°C and 760 mm Hg. The heats of combustion may
be determined using ASTM D4809-00 (2005) Standard Test Method for Heat of
Combustion of Liquid Hydrocarbon Fuels by Bomb Calorimeter (Precision Method)
if published values are not available or cannot be calculated.
(IV) The actual exit velocity of a
flare shall be determined by dividing the volumetric flowrate (in units of
standard temperature and pressure), as determined by reference methods 2, 2A,
2C, or 2D as appropriate; by the unobstructed (free) cross sectional area of
the flare tip.
(V) The maximum
permitted velocity Vmax, for flares complying with paragraph (A)(IV)(2.) shall
be determined by the following equation:
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Vmax = Maximum permitted velocity,
m/sec
28.8 = Constant
31.7 = Constant
HT = The net heating value as
determined in paragraph (D)(III)
(VI) The maximum permitted velocity, Vmax,
for air-assisted flares shall be determined by the following equation:
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Vmax = Maximum permitted velocity
m/sec
8.706 = Constant
0.7084 = Constant
HT = The net heating value as
determined in paragraph (D)(III)
(n) General Notification and Reporting
Requirements:
(i) For the purposes of this
section, time periods specified in days shall be measured in calendar days,
even if the word "calendar" is absent, unless otherwise specified in an
applicable requirement.
(ii) For
the purposes of this section, if an explicit postmark deadline is not specified
in an applicable requirement for the submittal of a notification, application,
report, or other written communication to the Administrator, the owner or
operator shall postmark the submittal on or before the number of days specified
in the applicable requirement. For example, if a notification must be submitted
15 days before a particular event is scheduled to take place, the notification
shall be postmarked on or before 15 days preceding the event; likewise, if a
notification must be submitted 15 days after a particular event takes place,
the notification shall be delivered or postmarked on or before 15 days
following the end of the event. It is acceptable to use reliable non-government
mail carriers that provide indications of verifiable delivery of information
required to be submitted to the Administrator, similar to the postmark provided
by the U.S. Postal Service, or alternative means of delivery agreed to by the
permitting authority.
(iii)
Notwithstanding time period or postmark deadlines specified in this section for
the submittal of information to the Administrator by an owner or operator, or
the review of such information by the Administrator, such time periods or
deadlines may be changed by mutual agreement between the owner or operator and
the Administrator. Procedures governing the implementation of this provision
are specified in paragraph (vi) of this subsection.
(iv) The owner or operator may change the
dates by which periodic reports under this section shall be submitted (without
changing the frequency of reporting) to be consistent with the schedule
specified in Chapter 5, Section
2, by mutual agreement between the owner or
operator and the Administrator. The allowance in the previous sentence applies
beginning 1 year after the affected facility is required to be in compliance
with the applicable subpart in 40 CFR Part 63 . Procedures governing the
implementation of this provision are specified in paragraph (vi) of this
subsection.
(v) If an owner or
operator supervises one or more stationary sources affected by standards set
under this section and standards set under 40 CFR Part 61, Chapter 5, Section
3 or both, may be arranged by mutual
agreement between the owner or operator and the Administrator a common schedule
on which periodic reports required by each applicable standard shall be
submitted throughout the year. The allowance in the previous sentence applies
in each state beginning 1 year after the stationary source is required to be in
compliance with the applicable subpart in this section, or 1 year after the
stationary source is required to be in compliance with the applicable 40 CFR
Part 61 or Chapter 5, Section
3, whichever is latest. Procedures governing
the implementation of this provision are specified in paragraph (vi) of this
subsection.
(vi)
(A)
(I)
Until an adjustment of a time period or postmark deadline has been approved by
the Administrator under paragraphs (vi)(B) and (vi)(C) of this subsection, the
owner or operator of an affected facility remains strictly subject to the
requirements of this section.
(II)
An owner or operator shall request the adjustment provided for in paragraphs
(vi)(B) and (vi)(C) of this subsection each time changes to an applicable time
period or postmark deadline specified in this section are
desired.
(B)
Notwithstanding time periods or postmark deadlines specified in this section
for the submittal of information to the Administrator by an owner or operator,
or the review of such information by the Administrator, such time periods or
deadlines may be changed by mutual agreement between the owner or operator and
the Administrator. An owner or operator who wishes to request a change in a
time period or postmark deadline for a particular requirement shall request the
adjustment in writing as soon as practicable before the subject activity is
required to take place. The owner or operator shall include in the request
whatever information is considered useful to convince the Administrator that an
adjustment is warranted.
(C) If, in
the Administrator's judgment, an owner or operator's request for an adjustment
to a particular time period or postmark deadline is warranted, the
Administrator will approve the adjustment. The Administrator will notify the
owner or operator in writing of approval or disapproval of the request for an
adjustment within 15 calendar days of receiving sufficient information to
evaluate the request.
(D) If the
Administrator is unable to meet a specified deadline, the owner or operator
will be notified of any significant delay and inform the owner or operator of
the amended schedule.
