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CHAPTER 61.
Department of Health and Environmental Control
SECTION 62.
Air Pollution Control Regulations and Standards.
61-62. 5
Air Pollution Control Standards
(Statutory Authority: S.C. Code Section 48-1-10 et seq.)
Editor's Note
The following constitutes the history for 61-62.5 standards 1 through 8 unless noted otherwise:
HISTORY: Amended by State Register Volume 16, Issue No. 6, eff June 26, 1992; State Register Volume 18, Issue No. 11, eff November 25, 1994; State Register Volume 19, Issue No. 2, eff February 24, 1995; State Register Volume 20, Issue No. 4, eff April 26, 1996; State Register Volume 21, Issue No. 12, eff December 26, 1997; State Register Volume 22, Issue No. 6, Part 2, eff June 26, 1998; State Register Volume 23, Issue No. 6, eff June 25, 1999; State Register Volume 24, Issue No. 5, eff May 26, 2000; State Register Volume 25, Issue No. 10, eff October 26, 2001; State Register Volume 26, Issue No. 6, Part 2, eff June 28, 2002; State Register Volume 28, Issue No. 6, eff June 25, 2004; State Register Volume 28, Issue No. 9, eff September 24, 2004; State Register Volume 29, Issue No. 6, eff June 24, 2005; State Register Volume 31, Issue No. 5, eff May 25, 2007; State Register Volume 32, Issue No. 10, eff October 24, 2008; State Register Volume 33, Issue No. 4, eff April 24, 2009; State Register Volume 33, Issue No. 10, eff October 23, 2009; State Register Volume 35, Issue No. 2, eff February 25, 2011; State Register Volume 35, Issue No. 5, eff May 27, 2011.
STANDARD NO. 1 EMISSIONS FROM FUEL BURNING OPERATIONS
SECTION I-VISIBLE EMISSIONS
A. Existing Sources
No one shall discharge to the ambient air from any existing source constructed prior to February 11, 1971, smoke which exceeds opacity of forty (40) percent. The forty (40) percent opacity limit may be exceeded for soot blowing, but may not be exceeded for more than six (6) minutes in a one hour period nor be exceeded for more than a total of twenty-four (24) minutes in a twenty-four (24) hour period. Emissions caused by soot blowing shall not exceed sixty (60) percent.
B. New Sources
No one shall discharge to the ambient air from any source constructed on or after February 11, 1971, smoke which exceeds opacity of twenty (20) percent. The twenty (20) percent opacity limit may be exceeded for soot blowing, but may not be exceeded for more than six (6) minutes in a one hour period nor be exceeded for more than a total of twenty-four (24) minutes in a twenty-four (24) hour period. Emissions caused by soot blowing shall not exceed sixty (60) percent.
C. Special Provisions
Owners and operators shall, to the extent practicable, maintain and operate any source including associated air pollution control equipment in a manner consistent with good air pollution control practices for minimizing emissions. In addition, the owner or operator of fuel burning sources except natural gas and propane fired units, shall maintain a log of the time, magnitude, duration, and any other pertinent information to determine periods of startup and shutdown and make available to the Department upon request.
D. Test Method
The method which is approved by the Department for determining compliance with opacity limitations under this Section is EPA Reference Method 9 (40 Code of Federal Regulations (CFR) 60, Appendix A, as revised July 1, 1986). Alternate methods may be utilized only if approved in advance by the Department and by the Environmental Protection Agency (EPA).
SECTION II-PARTICULATE MATTER EMISSIONS
A. Allowable Discharge
The allowable discharge of particulate matter resulting from fuel burning operations shall be limited to the values obtained by use of Figure 1 and/or Part B. (For the purpose of determining heat input, total equipment capacity refers to total equipment capacity discharging through each stack. If a boiler has more than one (1) stack the total rated capacity will be the boiler rated capacity discharging to these stacks). Interpolation of Figure 1 for fuel burning operations of 1300 million British thermal units (Btu) per hour (Btu/hr) heat input and larger shall be accomplished by use of the equation:
E =
57.84 P -0.637
where
E =
the allowable emission rate in pounds per million Btu heat input,
and
P =
million Btu/hr heat input
B. Special Provisions
All fuel burning operations of 10 million Btu/hr heat input and smaller constructed prior to February 11, 1971, shall be allowed 0.8 pounds (lbs) per million Btu input.
Figure 1
[V0370083.tif]
SECTION III-SULFUR DIOXIDE EMISSIONS
The maximum allowable discharge of sulfur dioxide (SO2) from fuel burning operations shall be 2.3 lbs SO2 per million Btu input.
SECTION IV-OPACITY MONITORING REQUIREMENTS
A. Applicable Sources
1. Fossil Fuel-Fired Boilers
The owner or operator of any fossil fuel-fired steam generator of more than 250 million Btu/hr heat input capacity shall install, calibrate, operate, and maintain no later than June 14, 1978, continuous monitoring system(s) for the measurement of opacity which meets the performance specifications of Section IV.D except where:
a. Gaseous fuel is the only fuel burned.
b. Oil or a mixture of gas and oil are the only fuels burned and the steam generator is able to comply with the provisions of Sections I and II of this standard without utilization of particulate matter collection equipment, and where the steam generator has never been found, through any administrative or judicial proceedings, to be in violation of Section I of this standard.
c. The steam generator operates with an annual average capacity factor of thirty (30) percent or less, as reported to the Federal Power Commission for calendar year 1974 or otherwise adequately demonstrated to the Department; and has not subsequently increased this factor to more than thirty (30) percent.
2. Woodwaste Boilers
The owner or operator of any woodwaste boiler, not equipped with a wet scrubber, will be required to install, calibrate, operate, and maintain continuous monitoring system(s) approved by the Department for the measurement of opacity, if it meets one or more of the criteria listed in items A.2.a and A.2.b. If a boiler is fired on more than one fuel, the total capacity will determine the applicability.
a. Any woodwaste boiler of at least 100 x 106 Btu/hr rated heat input.
b. Any woodwaste boiler, regardless of size, that has been operating in noncompliance with any applicable state air pollution control regulations and standards.
B. Continuous Opacity Monitor Reporting Requirements
1. The owner or operator of any fossil fuel-fired steam generator subject to the provisions of Section IV.A shall submit a written Continuous Opacity Monitor report to the Department semi-annually or more often if requested. All semi-annual reports must be postmarked by the 30th day following the end of each semi-annual period. The report shall include, at a minimum, the information in items B.1.a through B.1.c below. A letter shall be sent in lieu of a semi-annual report if no incidences occurred during the reporting period.
a. All integrated six (6) minute opacity measurements for periods during which the applicable provisions of Section I have been exceeded, together with their nature and cause.
b. For periods of monitoring system malfunction:
(i) The date and time identifying each period during which the monitoring system was inoperative, except for zero and span checks.
(ii) The nature of monitoring system repairs or adjustments.
(iii) Proof of opacity monitoring system performance may be required by the Department whenever repairs or adjustments have been made.
c. Boiler system repairs or adjustments made to correct violations of the provisions of Section I.
2. Alternative data reporting procedures may be allowed if the owner or operator shows, to the satisfaction of the Department, that these procedures are at least as accurate as those described.
3. The owner or operator shall maintain a file of all information contained in the semi-annual reports, calibration data for the opacity monitoring system(s), relevant records of adjustments and maintenance performed on such system(s), and all other data generated by the continuous opacity monitoring system(s), for a minimum of two (2) years from the date of submission of such reports or collection of such data. The information contained on file must be made available for review by Department personnel upon request.
C. Exemption from Reporting Requirements
A temporary exemption from the opacity monitoring and reporting requirements of Section IV may be granted during any period of monitoring system(s) malfunction, provided the owner or operator shows, to the satisfaction of the Department, that the malfunction was unavoidable and is being repaired as expeditiously as possible.
D. Equipment Performance Specifications
1. The continuous opacity monitoring system(s) required by Section IV.A.1 (for fossil fuel-fired steam generators) shall conform with the performance specifications set forth in 40 CFR 60, Appendix B, Performance Specification 1, as revised July 1, 1986, which is incorporated by reference as a part of this standard except that where the term "Administrator" is used the term "Department" shall be substituted. In addition, the opacity monitoring system(s) shall complete a minimum of one (1) cycle of operation for each successive 10-second period, be installed such that representative measurements of opacity from the affected steam generator are obtained, and have an instrument span of approximately eighty (80) percent opacity.
2. The owner or operator shall record the zero and span drift in accordance with the method prescribed by the manufacturer of such opacity monitoring system(s); subject the system(s) to the manufacturer's recommended zero and span check at least once daily unless the manufacturer has recommended adjustments at shorter intervals, in which case such recommendations shall be followed; adjust the zero and span whenever the 24-hour zero drift or 24-hour calibration drift limits of 40 CFR 60, Appendix B, Performance Specification 1, as revised July 1, 1986, are exceeded; adjust the opacity monitoring system(s) purchased prior to September 11, 1974, whenever the 24-hour zero drift or 24-hour calibration drift exceeds four (4) percent opacity for those generators constructed prior to February 11, 1971, and two (2) percent opacity for those generators constructed after February 11, 1971.
3. The monitoring systems must be approved by the Department prior to installation.
E. Monitor Location
When the effluents from two (2) or more affected steam generators of similar design and operating characteristics are combined before released to the atmosphere, the opacity monitoring system(s) shall be installed on the combined effluent. When the affected steam generators are not of similar design and operating characteristics, or when the effluent from one (1) affected steam generator is released to the atmosphere through more than one (1) point, the owner or operator shall apply for an alternate procedure to comply with the requirements of Section IV.
F. Exemptions from Monitoring Requirements
Whenever the requirements for continuous opacity monitoring cannot be implemented by the owner or operator due to physical source limitations, extreme economic burden, or infrequent steam generator operation of less than thirty (30) days per year, or when the specified monitoring procedure would not provide accurate opacity determinations, alternate monitoring and reporting requirements may be approved on a case-by-case basis provided the owner or operator submits a written request to the Department which includes, but is not limited to:
1. The basis or reason(s) that alternate requirements are necessary;
2. A proposal of the alternate monitoring and reporting requirements; and
3. Any other information needed by the Department to make a determination that the alternate requirements are adequate to meet the intent of Section IV.
SECTION V-EXEMPTIONS
The following sources shall be exempt from the provisions of this standard:
A. Residences of four (4) families or less.
B. Ocean-going vessels actually engaged in the physical process of national or international trade or defense.
SECTION VI-PERIODIC TESTING
An owner or operator of any source listed below shall ensure that scheduled periodic tests for particulate matter emissions are conducted every two (2) years or as required by permit conditions and are performed in accordance with the provisions of Regulation 61-62.1, Section IV, Source Tests. An owner or operator shall demonstrate compliance with SO2 emissions by source testing, continuous monitoring, or fuel analysis as required by permit conditions.
A. Oil-fired boilers greater than 250 × 106 Btu/hr rated input.
B. Coal-fired boilers greater than 50 × 106 Btu/hr rated input.
C. Woodwaste or combination woodwaste boilers greater than 20 x106 Btu/hr rated input.
SECTION VII-[RESERVED]
HISTORY: Amended by State Register Volume 36, Issue No. 5, eff May 25, 2012 (errata); State Register Volume 36, Issue No. 9, eff September 28, 2012 (errata); State Register Volume 38, Issue No. 6, Doc. No. 4388, eff June 27, 2014; State Register Volume 39, Issue No. 6, Doc. No. 4481, eff June 26, 2015; State Register Volume 40, Issue No. 9, Doc. No. 4650, eff September 23, 2016.
Editor's Note
Scrivener's error corrected in 2017, deleting paragraph following IV.A.2.b.
STANDARD NO. 2 AMBIENT AIR QUALITY STANDARDS
The following table, unless otherwise noted, constitutes the primary and secondary ambient air quality standards for the State of South Carolina. The computations for determining if the applicable standard is met, along with the analytical methods to be used, will be those applicable Federal Reference Methods and Interpretations published in the Appendices to 40 Code of Federal Regulations (CFR) Part 50, or those methods designated as Federal Equivalent Methods (FEM) in accordance with 40 CFR Part 53.
Pollutant
Reference
Measuring
Standard Level
Interval
mg/m3
µg/m3
ppm
ppb
Sulfur Dioxide
40 CFR 50.4
3 hour
-
1300
0.5
-
40 CFR 50.5
(secondary)
40 CFR 50.17
1- hour
-
-
-
75
(primary)
PM10
40 CFR 50.6
24 hour
-
150
-
-
PM2.5
40 CFR 50.13
24 hour
-
35
-
-
40 CFR 50.18
(primary)
Annual
(primary)
-
12
-
-
24 hour
-
35
(secondary)
Annual
(secondary)
-
15
Carbon Monoxide
40 CFR 50.8
1 hour
40
-
35
-
(no secondary)
8 hour
10
-
9
-
(no secondary)
Ozone
40 CFR 50.15
8 hour (2008)
-
-
0.075
-
40 CFR 50.19
8 hour (2015)
-
-
0.070
-
Nitrogen Dioxide
40 CFR 50.11
Annual
-
100
0.053
53
1-hour
100
Lead
40 CFR 50.16
Rolling
3-month
Average
-
0.15
-
-
HISTORY: Amended by State Register Volume 36, Issue No. 4, eff April 27, 2012; State Register Volume 36, Issue No. 9, eff September 28, 2012 (errata); State Register Volume 38, Issue No. 9, Doc. No. 4465, eff September 26, 2014; State Register Volume 39, Issue No. 6, Doc. No. 4481, eff June 26, 2015; State Register Volume 40, Issue No. 9, Doc. No. 4650, eff September 23, 2016; SCSR 44-4 Doc. No. 4873, eff April 24, 2020.
STANDARD NO. 3 WASTE COMBUSTION AND REDUCTION
(Statutory Authority: S.C. Code Section 48-1-10 et seq.)
SECTION I - APPLICABILITY
A. Except as provided for in paragraphs J and K of this section, this standard applies to any source, regardless of type or construction date, which burns any waste other than virgin fuel for any purpose.
B. Municipal Waste Combustion facilities constructed, reconstructed or modified on or before September 20, 1994, with a unit capacity greater than 250 tons per day of Municipal Solid Waste (MSW) shall be subject to 40 Code of Federal Regulations (CFR) 60, Subpart Cb, Emission Guidelines and Compliance Schedules for Municipal Waste Combustors, promulgated December 19, 1995, 60 Federal Register (FR) 65415, and amended August 25, 1997, 62 FR 45119 and 45125 and the South Carolina Air Quality Implementation Plan. For the purposes of this standard, the definitions contained in the various provisions of 40 CFR 60, adopted herein, shall apply except that the term "Administrator," when used in 40 CFR 60, shall mean the Department. These Municipal Waste Combustors shall also be subject to any provision of this standard that would impose a more restrictive emission limit or requirement.
C. Sources burning more than one type of waste are subject to the most restrictive requirements of this standard for the wastes being burned.
D. Hospital/medical/infectious waste incinerators are subject to Standard No. 3.1 of Regulation 61-62.5.
E. Hospital/medical/infectious waste incinerators burning other waste in addition to medical waste are subject to the requirements of this standard that are more restrictive than those found in Standard No. 3.1 for the waste being burned.
F. Municipal waste combustors subject to 40 CFR 60, Subpart Ea; 40 CFR 60, Subpart Eb; or 40 CFR 60, Subpart Cb are subject to more restrictive requirements of this standard applicable to the waste being burned.
G. Municipal waste combustors, excluding air curtain incinerators, subject to this standard that meet the definition of retail business incinerators or commercial incinerators are subject only to the requirements of this standard applicable to those units.
H. Any unit that burns tires as its only MSW is not subject to the portions of this standard applicable to Municipal Waste Combustors if the owner or operator of the unit:
1. Notifies the Department of an exemption claim; and
2. Provides data documenting that the unit qualifies for this exemption.
I. Air curtain incinerators subject to this standard whose only municipal solid waste being burned is yard waste are subject only to those requirements of this standard applicable to air curtain incinerators. Air curtain incinerators subject to this standard that burn any other municipal solid waste other than yard waste are subject only to the requirement of having refractory lined pits that is applicable to air curtain incinerators and to all the requirements of this standard applicable to municipal waste combustors.
J. Exemptions
1. Industrial furnaces and boilers at pulp and paper facilities burning only black liquor, only total reduced sulfur (TRS) compounds, or only black liquor and/or TRS compounds and/or virgin fuel are not subject to this standard. Also, total reduced sulfur control devices burning only gaseous TRS and virgin fuel are not subject to this standard. Gaseous process streams containing TRS compounds that are regulated in accordance with Section XI of Regulation 61-62.5, Standard No. 4, Emissions from Process Industries, and/or 40 CFR 60, Subpart BB, Standards of Performance for Kraft Pulp Mills, are also not subject to this standard. Exemptions for additional process streams will be considered on a case-by-case basis. Additions to black liquor for the purpose of waste disposal shall not be exempt from this standard.
2. Facilities utilizing a renewable energy resource burned for energy recovery may request an exemption from this standard by: 1) submitting a site-specific chemical analysis of the renewable energy resource and/or source testing results to the Department for review, and 2) providing additional documentation as necessary so that the Department can confirm that the exemption will be protective of human health and the environment. The Department reserves the right to deny a request for an exemption to Standard No. 3 for any renewable energy resource(s) that does not satisfy the above conditions.
3. A facility with an emission unit and/or control device that complies with all the requirements of an applicable Maximum Achievable Control Technology (MACT) Standard under 40 CFR 63, including the testing and reporting requirements, may request an exemption from this standard. Facilities requesting such an exemption shall provide any documentation as necessary in order for the Department to make a determination. Upon review of such a request, the Department may grant an exemption from this standard if it determines that compliance with the applicable MACT Standard(s) would be as protective of human health and the environment as the requirements of this standard. Any new waste and/or process stream must be evaluated by the Department in order to maintain this exemption. Also, any operational change that may impact emissions from the waste must be evaluated by the Department in order to maintain this exemption.
K. Space heaters engineered to burn used oil will be exempt from this standard provided the used oil is generated on-site or originates from "do-it-yourself" oil changes and provided also that the burners are rated at no more than 0.5 x 106 British thermal unit per hour (Btu/hr) heat input and the exhaust is vented to the ambient air. No construction or operating permit will be required.
L. This standard was effective on the date of publication in the State Register, which was originally February 26, 1988. Subsequent dates of effective revisions published in the State Register will be indicated at appropriate places as necessary in this standard.
M. For the purpose of this standard, existing sources are sources that are "in existence" on February 26, 1988, unless otherwise noted herein.
SECTION II - GENERAL
This standard will not supersede any other state or federal requirements including but not limited to federal New Source Performance Standards (NSPS), National Emission Standards for Hazardous Air Pollutants (NESHAP), state or federal Prevention of Significant Deterioration (PSD) Regulations, Hazardous Waste Management Regulations, nor special permit conditions, unless a more restrictive emission limit or requirement is imposed by this standard.
SECTION III - EMISSION LIMITATIONS AND OPERATING REQUIREMENTS
A. Case-by-Case Limitations - Emission limitations other than those stated below, determined in part by material being incinerated or burned and/or by source testing, may be set on a case-by-case basis.
B. Retail Business Incinerators
1. Opacity shall not exceed 20 percent.
2. Particulate Matter (PM) - No established limit.
C. Crematory Incinerator
1. Opacity shall not exceed 10 percent.
2. PM - No established limit.
D. Sludge Incinerators
1. Opacity shall not exceed 20 percent.
2. Particulate matter emissions shall not exceed 1.3 pounds per ton (lb/ton) of dry sludge.
3. Mercury (Hg) emissions shall not exceed 3200 grams/day.
E. Hazardous Waste Incinerators
1. Opacity shall not exceed 10 percent.
2. Hydrochloric acid (HCl) emissions may exceed 4 pounds per hour (lb/hr) only if they are controlled with an efficiency of at least 99 percent.
3. Particulate matter emissions shall not exceed 0.08 grains/Dry Standard Cubic Feet (DSCF) corrected to 7 percent oxygen (O2) measured on a dry basis.
4. Other emission limits are as follows:
TABLE I
Material
Emission Limita
Nickel (Ni)
6.0 x 10-3 lb / 106 Btu total heat input
Cadmium (Cd)
1.0 x 10-4 lb / 106 Btu total heat input
Chromium (Cr)
5.0 x 10-4 lb / 106 Btu total heat input
Arsenic (As)
2.5 x 10-4 lb / 106 Btu total heat input
Lead (Pb)
5.0 x 10-3 lb / 106 Btu total heat input
a The total heat input value shall include the Btu from the waste and virgin fuel used for production. Furthermore, the total heat input value shall not exceed the Btu used to affect the combustion of the waste and shall not include any Btu input from auxiliary burners located outside of the primary combustion chamber such as those found in secondary combustion chambers, tertiary combustion chambers or afterburners unless those auxiliary burners are fired with waste. In the case where waste is fired in the auxiliary burners located outside of the primary combustion chamber, only the Btu value of the fuel for the auxiliary burner which is from waste shall be added to the total heat input value.
5. All principal organic hazardous constituents (POHC) must be destroyed with an efficiency of at least 99.99 percent.
6. All POHC must be destroyed with an efficiency of at least 99.9999 percent when the waste being burned is hazardous wastes F020, F021, F022, F023, F026, or F027 as specified in the South Carolina Hazardous Waste Management Regulation 61-79.264.343(a)(2). A demonstration of this efficiency must be performed as specified in the referenced paragraph. The definitions of hazardous wastes F020, F021, F022, F023, F026, and F027 can be found in the South Carolina Hazardous Waste Management Regulation 61-79.261.31(a).
F. Municipal Waste Combustors (effective June 25, 1999)
1. Opacity shall not exceed 20 percent.
2. Particulate matter (PM) emissions shall not exceed:
a. Existing sources - 0.08 grains/DSCF corrected to 7 percent O2
b. New sources - "Best Available Control Technology" (BACT) as defined in Regulation 61-62.5, Standard No. 7, (b)(8).
3. Carbon monoxide (CO) emissions, as measured at a location upstream of the control devices, shall not exceed those values listed in Table II, corrected to 7 percent O2 on a dry basis except as provided in paragraph 4 below.
TABLE II
Municipal Waste Combustor Technologya
CO emission limit (ppmv)b
Averaging time (hrs)
Mass burn waterwall
100
4
Mass burn refractory
100
4
Mass burn rotary refractory
100
24
Mass burn rotary waterwall
250
24
Modular starved air
50
4
Modular excess air
50
4
Refuse-derived fuel stoker
200
24
Bubbling fluidized bed combustor
100
4
Circulating fluidized bed combustor
100
4
Pulverized coal/refuse-derived fuel mixed fuel-fired combustor
150
4
Spreader stoker coal/refuse-derived fuel mixed fuel-fired combustor
200
24
Other
100
4
aAs defined in 40 CFR 60 Subpart Eb
bMeasured at the combustor outlet in conjunction with a measurement of oxygen concentration, corrected to 7 percent O2, CO and O2 shall be measured on a dry basis.
4. Cement kilns burning municipal solid waste may exceed the values listed in Table II provided they do not exceed 20 parts per million by volume (ppmv) total hydrocarbons (THC) hourly average, as propane (as determined by Environmental Protection Agency (EPA) Reference Method 25A (40 CFR 60, Appendix A) or from Continuous Emission Monitors (CEMs) meeting Performance Specification 2.2 of 40 CFR 266, Appendix IX), measured at the kiln outlet corrected to 7 percent O2, both measured on a dry basis.
5. Hydrochloric acid (HCl) emissions shall not exceed:
a. Existing sources - 250 ppmv corrected to 7 percent O2, both measured on a dry basis, hourly average; or a 50 percent reduction by weight or volume, whichever is less stringent.
b. New sources - 30 ppmv, hourly average, corrected to 7 percent O2, both measured on a dry basis; or the facility shall install emission controls that, on the date of the permit to construct, meet the criteria of BACT as defined in Regulation 61-62.5, Standard No. 7, (b)(8).
6. Combustion efficiency (C.E.) shall be at least 99.9 percent on an hourly basis, computed as follows:
C.E. = [CO2]/([CO2] + [CO]) x 100
where:
[CO2] = Concentration of carbon dioxide (ppmv corrected to 7 percent O2) measured on a dry basis; and [CO] = Concentration of carbon monoxide (ppmv corrected to 7 percent O2) measured on a dry basis.
7. The combustor shall maintain the combustion chamber exit gases at a required temperature greater than the temperature at which compliance was demonstrated through source test for particulate matter emissions, CO emissions and combustion efficiency. The combustor shall be equipped with automatically controlled auxiliary fuel burners to maintain the combustion at the required temperature under all waste firing conditions and to ensure that the combustor will reach the required temperature prior to the introduction of waste. To confirm the temperature, a thermocouple shall be appropriately located at the exit of the combustion chamber such that the flames do not impinge on the sensor.
8. The firing of the burners and the combustion air shall be modulated automatically to maintain the required combustion chamber exit temperature.
9. Large, bulky non-combustibles (for example, water heaters, refrigerators) and difficult to burn, bulky combustible materials (for example, mattresses, sofas) shall not be charged to the combustor.
10. Tipping areas shall be enclosed and maintained at a negative pressure. The evacuated air from the tipping area shall be used as primary combustion air in the combustor. Open storage of municipal waste is prohibited.
11. Open storage of ash is prohibited. Ash shall be loaded in an enclosed area or handled wet in enclosed containers.
12. Any visible emissions of ash from an ash conveying system including conveyor transfer points shall not exceed 5 percent of the observation period (that is, 9 minutes per 3-hour period), as determined by EPA Reference Method 22 (40 CFR 60, Appendix A) observations. The minimum observation time shall be a series of three one-hour observations that include times when the facility is transferring ash from the municipal waste combustor to the area where ash is stored or loaded into containers or trucks. The average duration of visible emissions per hour shall be calculated from the three one-hour observations. This emission limit does not cover visible emissions discharged inside buildings or enclosures of ash conveying systems; however, this emission limit does cover visible emissions discharged to the atmosphere from buildings or enclosures of ash conveying systems.
13. The source owner or operator shall prepare and submit for Department approval an inspection and maintenance plan and a plan of action for the facility prior to startup. The inspection and maintenance plan shall include calibration, inspection and maintenance schedules along with operating and monitoring parameters for the combustor, associated control equipment and monitoring devices. The plan of action shall identify the steps and procedures the operator will follow to avoid exceedances of the emission limits and operating conditions specified in paragraphs F.1 thru F.7 and F.12 of this section. The plan shall include descriptions of startup and shutdown procedures, actions to be taken to correct anomalous operating conditions and training of plant operators.
14. The combustor shall be equipped with an automatic loader or a sealed feeding device and equipped with the interlocks specified in paragraph 15 below.
15. The charging of waste to the combustor shall automatically cease through the use of an interlock system when any of the following conditions exist:
a. The average combustion chamber exit temperature drops below the required temperature for a rolling 15-minute period;
b. The average flue gas oxygen level drops below 3 percent (dry basis) for a rolling 15-minute period;
c. The average opacity of the visible emissions is equal to or greater than 20 percent for a rolling 15-minute period;
d. The average combustion efficiency drops below 99.5 percent for a rolling 15- minute period; or
e. The monitoring equipment required by Section VI.A.2.e of this standard is not functioning.
16. Some deviation from the above temperature, flue gas oxygen, and CO limits may be permissible for those combustors utilizing advanced combustion technologies or burning specially prepared municipal solid wastes.
17. Startup and Shutdown Requirements:
a. No waste shall be charged to the combustor until the required combustion chamber exit temperature reaches equilibrium. Control equipment shall be operating and functioning properly before waste is introduced into the combustor and until all the wastes are combusted or extinguished;
b. During shutdowns, the required combustion chamber exit temperature is to be maintained using auxiliary burners until the wastes are completely combusted or extinguished; and
c. A detailed procedure for normal system startup and shutdown shall be submitted as a part of the application for approval including the duration of preheat and burnout cycles.
G. Air Curtain Incinerator
1. Opacity shall not exceed 20 percent, except that an opacity level of up to 35 percent is permitted during startup periods during the first 30 minutes of operation of the unit.
2. Air curtain incinerators shall be required for the burning of yard waste (excluding plastic bags), land clearing waste consisting of only untreated natural wood debris, and untreated or unfinished woodwaste that does not occur on the premises on which it originates. This requirement may be waived for non-reoccurring instances.
3. Refractory lined pits shall be required.
4. Performance Requirements:
a. The amount of material to be incinerated shall not exceed 38,325 tons per year without a PSD review. Records of tons per year incinerated shall be kept and maintained for at least two years and made available to the Department upon request;
b. Onsite storage of debris to be incinerated shall be kept to a minimum;
c. Material to be incinerated shall be incinerated within one week of storage unless otherwise approved by the Department;
d. This air curtain incinerator is permitted to burn only yard waste (excluding plastic bags), land clearing waste consisting of only untreated natural wood debris, untreated or unfinished woodwaste, and clean wood;
e. An operation and maintenance program shall be developed and adhered to at all times to ensure the proper operation of this facility;
f. Good operation practices shall be exercised to minimize emissions from incineration. This shall include the wetting of ash prior to removal from the air curtain incinerator;
g. Winds during the time of burning or ash removal must be away from any area in which the ambient air may be significantly affected by the smoke or ash from this operation if that area contains a public roadway or a residential, commercial, or industrial site;
h. All ash shall be stored in compliance with the requirements of the South Carolina Solid Waste Management Regulation 61-107.12;
i. No burning shall take place if the air curtain incinerator is not operating properly or at its design air flow;
j. The air curtain incinerator shall be used at all times that the pit contains burning permitted material except during startup to get the fire ignited;
k. The air curtain incinerator shall be located so as to maximize the distance to business and residential areas and shall be located at least 500 feet from any business or residence located on adjacent properties;
l. Access roads and loader work areas shall be maintained in such a manner so as to minimize fugitive emissions. This shall include the use of water sprays, dust controlling chemicals (but not volatile organic compounds) or other Department approved dust suppression systems;
m. Stacking rakes or similar devices shall be utilized on loader equipment when loaders are used to charge the pit in order to minimize dirt on the material to be burned; and
n. Any change in location of the air curtain incinerator must have prior written approval from the Department.
5. PM - No established limit.
H. Commercial Incinerators (effective June 25, 1999)
1. Opacity shall not exceed 20 percent.
2. Particulate matter emissions shall not exceed 0.15 grains / DSCF corrected to 7 percent O2 on a dry basis.
3. CO emissions shall not exceed 100 ppmv hourly average corrected to 7 percent O2. CO and O2 shall be measured on a dry basis.
4. The unit shall maintain the combustion gases at a temperature greater than the temperature at which compliance was demonstrated through source test for particulate matter and CO emissions. The unit shall be equipped with automatically controlled auxiliary fuel burners to maintain the combustion gases at the required temperature under all waste firing conditions and to ensure that the unit will reach the required temperature prior to the introduction of waste. To confirm the temperature, a thermocouple shall be appropriately located at the exit of the combustion chamber such that the flames do not impinge on the sensor.
5. The firing of the burners and the combustion air shall be modulated automatically to maintain the required temperature.
6. Open storage of ash is prohibited. Ash shall be loaded in an enclosed area or handled wet in enclosed containers.
7. Startup and Shutdown Requirements:
a. No waste shall be charged to the incinerator until the required combustion chamber exit temperature reaches equilibrium;
b. During shutdowns, the required combustion chamber exit temperature is to be maintained using auxiliary burners until the wastes are completely combusted or extinguished; and
c. A detailed procedure for normal system startup and shutdown shall be submitted as a part of the application for approval including the duration of preheat and burnout cycles.
I. Industrial Incinerators
1. Opacity shall not exceed 20 percent.
2. Particulate matter emissions shall not exceed 0.5 lbs/106 Btu total heat input. The total heat input value from waste and virgin fuel used for production shall not exceed the Btus used to affect the combustion of the waste and shall not include any Btu input from auxiliary burners located outside of the primary combustion chamber such as those found in secondary combustion chambers, tertiary combustion chambers or afterburners unless those auxiliary burners are fired with waste. In the case where waste is fired in the auxiliary burners located outside of the primary combustion chamber, only the Btu value of the fuel for the auxiliary burner which is from waste shall be added to the total heat input value.
3. Industrial incinerators with a total design capacity of less than 1x106 Btu/hr including auxiliary devices used to recondition parts shall be exempt from all requirements of this standard except for the following:
a. Opacity shall not exceed 20 percent; and
b. Records documenting the contaminant being removed and possible emissions from the process shall be maintained and made available for Department review.
J. Industrial Boilers and Utility Boilers
1. Emission limits as stated in Table III shall apply. More restrictive opacity and/or mass emission limits than specified in Regulation 61-62.5, Standard No. 1 may be imposed based on source test results to ensure compliance with these limits.
TABLE IIIb
Material
Emission Limita
Nickel (Ni)
6.0 x 10-3 lb / 106 Btu total heat input
Cadmium (Cd)
1.0 x 10-4 lb / 106 Btu total heat input
Chromium (Cr)
7.4 x 10-4 lb / 106 Btu total heat input
Arsenic (As)
1.7 x 10-3 lb / 106 Btu total heat input
Lead (Pb)
5.0 x 10-3 lb / 106 Btu total heat input
Hydrochloric Acid (HCl)
0.45 lb / 106 Btu total heat input
aThe total heat input value shall include the Btu from the waste and virgin fuel used for production. Furthermore, the maximum total heat input value to be used in determining the emission limitations shall be limited to the Btus necessary to maintain production. The Btu from other sources such as afterburners shall not be considered in determining this total heat input value unless those auxiliary burners are fired with waste. In the case where waste is fired in the auxiliary burners located outside of the primary combustion chamber, only the Btu value of the fuel for the auxiliary burner which is from waste shall be added to the total heat input value.
bSource testing for metals or HCl will not be required at facilities burning waste with no metals or chlorine in the waste. Analysis showing these constituents to be nondetectible by reference method in the waste would be an alternative method for determining compliance with emission limits as allowed by Regulation 61-62.5, Standard No. 3, Section VIII(A).
2. HCl emissions may exceed 0.45 lb/106 Btu total heat input only if the HCl emissions are controlled with an efficiency of at least 99 percent.
3. All principal organic hazardous constituents (POHC) must be destroyed with an efficiency of at least 99.99 percent (only if burning hazardous waste).
4. All POHC must be destroyed with an efficiency of at least 99.9999 percent when the waste being burned is hazardous wastes F020, F021, F022, F023, F026, or F027 as specified in the South Carolina Hazardous Waste Management Regulation 61-79.264.343(a)(2). A demonstration of this efficiency must be performed as specified in the referenced paragraph. The definitions of hazardous wastes F020, F021, F022, F023, F026, and F027 can be found in the South Carolina Hazardous Waste Management Regulation 61-79.261.31(a).
5. Any boiler less than 10 x 106 Btu/hr rated heat input will be restricted to the use of virgin fuel and/or spec. oil.
6. Sources burning small quantities of waste that is generated by the owner/operator and is burned as described in Table IV below, are exempt from the requirements of this standard except as follows:
a. There must be a valid permit for the boiler which specifies the exact waste to be burned;
b. Analysis may be required to prove that the material to be burned is one of the substances authorized by the permit; and
c. Records of the material being burned (that is, gallons per month or tons per month) and its firing rate must be kept and made available to the Department upon request.
TABLE IV
Waste Firing Rate
Boiler Size
(heat input of waste/
(1 x 106 Btu/hr)
design heat input of unit)
>10 - 50
0.1
>50
0.06
7. Sources burning specification used oil are exempt from the emissions limitations listed in Table III, provided paragraphs 6a and 6b above are complied with.
K. Non-Industrial Boilers - Regardless of size, non-industrial boilers, with the exception of utility boilers, are restricted to the use of virgin fuels and/or spec. oil.
L. Industrial Furnaces
1. Emission limits as stated in Section III, Table III, shall apply. More restrictive opacity and/or mass emission limits than specified in Regulation 61-62.5, Standard No. 4 may be required based on source test results to ensure compliance with these limits.
2. All principal organic hazardous constituents (POHC) must be destroyed with an efficiency of at least 99.99 percent (only if burning hazardous waste).
3. All POHC must be destroyed with an efficiency of at least 99.9999 percent when the waste being burned is hazardous wastes F020, F021, F022, F023, F026, or F027 as specified in the South Carolina Hazardous Waste Management Regulation 61-79.264.343(a)(2). A demonstration of this efficiency must be performed as specified in the referenced paragraph. The definitions of hazardous wastes F020, F021, F022, F023, F026, and F027 can be found in the South Carolina Hazardous Waste Management Regulation 61-79.261.31(a).
4. Any furnace less than 10 x 106 Btu/hr rated heat input will be restricted to the use of virgin fuel and/or spec. oil.
5. Sources burning small quantities of waste that is generated by the owner/operator and is burned as described in Table V below, are exempt from the requirements of this standard except as follows:
a. There must be a valid permit for the furnace which specifies the exact waste to be burned;
b. Analysis may be required to prove that the material to be burned is one of the substances authorized by the permit; and
c. Records of the material being burned (that is, gallons per month or tons per month) and its firing rate must be kept and made available to the Department upon request.
TABLE V
Waste Firing Rate
Furnace Size
(heat input of waste/
(1 x 106 Btu/hr)
design heat input of unit)
>10 - 50
0.1
>50
0.06
6. Sources burning specification used oil are exempt from the emissions limitations listed in Table III, provided paragraphs 5a and 5b above are complied with.
7. HCl emissions may exceed 0.45 lb/106 Btu total heat input only if the HCl emissions are controlled with an efficiency of at least 99 percent.
M. Non-Industrial Furnaces - Regardless of size, non-industrial furnaces are restricted to the use of virgin fuels and/or spec. oil.
N. Combination Sources - When a source engages in activities that can be construed as being in more than one classification, the more restrictive limitations will apply.
SECTION IV - NOTIFICATION REQUIREMENTS AND COMPLIANCE SCHEDULES
A. Sources in Existence on the Effective Dates of the Standard
1. All sources subject to source testing must be in compliance within one year of February 26, 1988, unless otherwise stated in this standard. Other requirements for specific source types are listed below.
2. Specific Source Types
a. Retail Business Incinerators - Compliance will be required as of February 26, 1988.
b. Crematory Incinerator - Compliance will be required as of February 26, 1988.
c. Sludge Incinerators - Compliance with the opacity limitation will be required as of February 26, 1988.
d. Hazardous Waste Incinerators
(i) All hazardous waste incinerators must notify the Department in writing of their intent to operate, including information regarding the fuel and waste (amount, type(s), specification/analyses) and method of operation within 60 days of February 26, 1988, unless otherwise stated in this standard. The Department will notify the source within 30 days of receipt of this information if a formal permit application is needed.
(ii) Hazardous waste incinerators that require a permit application must make this submittal within 90 days of notification by the Department that a permit application is required.
(iii) Compliance with the opacity limitation will be required as of February 26, 1988.
e. Municipal Waste Combustors
(i) All municipal waste combustors must notify the Department in writing of their intent to operate, including information regarding the fuel and waste (amount, type(s), specification/analyses) and method of operation within 60 days of June 25, 1999, unless otherwise stated in this standard. The Department will notify the source within 30 days of receipt of this information if a formal permit application is needed.
(ii) Municipal waste combustors that require a permit application must make this submittal within 90 days of notification by the Department that a permit application is required.
(iii) Compliance with the opacity limitation will be required as of February 26, 1988.
f. Air Curtain Incinerators
(i) Compliance with Section III.G.1 will be required as of February 26, 1988.
(ii) Compliance with Section III.G.2. and G.4. will be required within 180 days of May 25, 1990.
(iii) Compliance with Section III.G.3. shall be required within 180 days of May 25, 1990, for all permanent sites (that is, sites used more than six months) and within three years of May 25, 1990, for all portable air curtain incinerators used at temporary sites.
g. Commercial Incinerators
(i) All commercial incinerators must notify the Department in writing of their intent to operate, including information regarding the fuel and waste (amount, type(s), specification/analyses) and method of operation within 60 days of June 25, 1999, unless otherwise stated in this standard. The Department will notify the source within 30 days of receipt of this information if a formal permit application is needed.
(ii) Commercial incinerators that require a permit application must make this submittal within 90 days of notification by the Department that a permit application is required.
(iii) Compliance with the opacity limitation will be required as of February 26, 1988.
h. Industrial Incinerators
(i) All industrial incinerators must notify the Department in writing of their intent to operate, including information regarding the fuel and waste (amount, type(s), specification/analyses) and method of operation within 60 days of February 26, 1988, unless otherwise stated in this standard. The Department will notify the source within 30 days of receipt of this information if a formal permit application is needed.
(ii) Industrial incinerators that require a permit application must make this submittal within 90 days of notification by the Department that a permit application is required.
(iii) Compliance with the opacity limitation will be required as of February 26, 1988.
i. Industrial Boilers and Utility Boilers
(i) All industrial boilers and utility boilers must notify the Department in writing of their intent to operate, including information regarding the fuel and waste (amount, type(s), specification/analyses) and method of operation within 60 days of February 26, 1988, unless otherwise stated in this standard. The Department will notify the source within 30 days of receipt of this information if a formal permit application is needed.
(ii) Industrial boilers and utility boilers that require a permit application must make this submittal within 90 days of notification by the Department that a permit application is required.
j. Non-Industrial Boilers - Compliance will be required as of February 26, 1988.
k. Industrial Furnaces
(i) All industrial furnaces must notify the Department in writing of their intent to operate, including information regarding the fuel and waste (amount, type(s), specification/analyses) and method of operation within 60 days of February 26, 1988, unless otherwise stated in this standard. The Department will notify the source within 30 days of receipt of this information if a formal permit application is needed.
(ii) Industrial furnaces that require a permit application must make this submittal within 90 days of notification by the Department that a permit application is required.
l. Non-Industrial Furnaces - Compliance will be required as of February 26, 1988.
B. New Sources - Any source to which this standard is applicable and which is not in existence on the effective dates of this standard must be in compliance with the applicable portions of this standard on the date operation of the source begins.
SECTION V - WASTE ANALYSIS (effective June 25, 1999)
A. Regardless of the type source involved, each waste stream (if the waste is deemed to be consistent in composition) or each waste batch/shipment (if the waste is deemed inconsistent in composition) that is to be burned shall be classified hazardous or non-hazardous utilizing the South Carolina Hazardous Waste Management Regulation 61-79.261. This classification decision may be based on generator knowledge of the waste determined from Material Safety Data Sheets (MSDS), waste profiles, or other process information.
B. Regardless of the type of source involved, with the exception of crematory and air curtain incinerators, each waste stream (if the waste is deemed to be consistent in composition) or each waste batch/shipment (if the waste is deemed inconsistent in composition) that is to be burned shall be analyzed for heat value (British thermal unit per gallon (Btu/gal) and/or British thermal unit per pound (Btu/lb), total halogen, percent nitrogen and percent sulfur.
C. Regardless of the type of source involved (except retail business, crematory and air curtain incinerators), each waste stream (if the waste is deemed to be consistent in composition) or each waste batch/shipment (if the waste is deemed inconsistent in composition) that is to be burned shall be identified by waste analysis or special knowledge of the waste (MSDS, waste profiles, etc.) for those air toxic compounds identified in Regulation 61-62.5, Standard No. 8 that can reasonably be expected to be in the waste stream.
D. Regardless of the type of source involved, each burner of used oil shall have each batch or shipment of used oil analyzed in order to determine if the used oil is spec. oil or non-spec. oil.
E. If a source has an air pollutant emission rate established in a permit other than opacity, particulate matter, nitrogen oxides (NOx), sulfur dioxide (SO2), and/or carbon monoxide, each waste stream (if the waste is deemed to be consistent in composition) or each waste batch/shipment (if the waste is deemed inconsistent in composition) that is to be burned shall be analyzed for those pollutants for which the emission rate was established that may reasonably be expected to be in the waste. When an HCl emission rate is set, HCl testing shall be required. Total halogens analysis may be performed as an alternative to HCl testing although this method will yield a high HCl bias.
F. Other analyses as may be required by the Department in order to demonstrate compliance with applicable state or federal regulations and/or permit conditions.
G. Waste may be exempted from all or part of the analyses required in paragraphs A-F above on a case-by-case basis for any of the following reasons at the facility's discretion, unless the Department has a valid reason to require the analyses:
1. Special knowledge of the waste;
2. The waste composition is deemed to be consistent through prior analysis or special knowledge;
3. The waste constitutes less than 0.1 percent by weight of the daily design capacity throughput;
4. Ambient air modeling for compliance with Regulation 61-62.5, Standards No. 2 and No. 8 indicates that at the maximum waste firing rate and storage volume a particular constituent at its maximum potential concentration will be in compliance with the applicable standard; or
5. The waste is non-hazardous municipal solid or hospital/medical/infectious waste.
H. Analytical methods to be utilized in paragraphs A-F above include but are not limited to ASTM Standard Test Methods; those methods contained in the South Carolina Hazardous Waste Management Regulation 61-79.261 Subpart C and Subpart D which are incorporated by reference in the South Carolina Hazardous Waste Management Regulation 61-79.260.11; and/or other methodologies (that is, Standard Methods, state or federal regulations, or proposed methods) approved by the Department as long as proper QA/QC is provided.
I. All waste analyses shall be performed by a laboratory certified by the Department to perform the methodology or in accordance with a Department approved methodology.
J. All information used to determine compliance with this section (that is, MSDS, waste manifests, waste analyses) must be kept on-site for a period of five years and made available to the Department upon request.
K. The Department reserves the right to require a facility to cease combustion of any waste stream which creates an undesirable level as determined by the Department.
L. The Department reserves the right to conduct quality assurance audits by 'spiking', splitting samples, or any other methods deemed appropriate.
M. Combustion of any new or modified waste stream must be consistent with terms and conditions of any applicable regulation or permit requirement. Written notification shall be submitted to the Director of the Division of Engineering Services of the Department's Bureau of Air Quality at least 30 days prior to combusting any new or modified waste stream unless otherwise approved through permit conditions.
SECTION VI - CONTINUOUS MONITORING REQUIREMENTS
A. Monitoring
1. The owner/operator shall install, calibrate, maintain and operate monitoring devices as indicated below within one year from February 26, 1988. Required monitoring devices must meet the specifications of Section VII of this standard. Alternative site-specific methods of monitoring, other than those cited below, may be used provided prior approval from the Department is obtained. Other monitors may be required by permits as conditions warrant.
2. Specific Source Types
a. Retail Business Incinerators - None.
b. Crematory Incinerator - None.
c. Sludge Incinerator (effective June 25, 1999) - Monitoring devices if required by 40 CFR 60 Subpart O.
d. Hazardous Waste Incinerators
(i) The temperature must be continuously recorded as measured at the point of incineration.
(ii) The pressure drop across baghouses and scrubbers must be continuously measured and recorded.
(iii) The concentration of carbon monoxide in the effluent gas stream must be continuously measured and recorded.
(iv) The concentration of oxygen in the effluent gas stream must be continuously measured and recorded.
(v) The waste feed rate to the incinerator must be continuously measured and recorded.
e. Municipal Waste Combustor (effective June 25, 1999)
(i) The combustion chamber exit temperature shall be continuously measured and recorded. Sensors shall be located such that flames from the burners do not impinge on the sensors.
(ii) Pollution control performance gauges or meters as required by permit conditions.
(iii) Instruments for the continuous monitoring and recording of O2, CO, CO2, and opacity.
(iv) For cement kilns wishing to comply with the THC limit, instruments for the continuous monitoring and recording of THC.
(v) The Department reserves the right to require HCl monitors at any time if it is determined to be necessary.
(vi) The O2, CO and CO2 (and THC if applicable) monitors shall be co-located upstream of the air pollution control devices. If the applicant chooses to comply with the HCl emission limitations by meeting the percent reduction or BACT reduction requirement, the HCl monitors, when required, shall be located upstream and downstream from the air pollution control device. If the applicant chooses to monitor the two locations with a single detector, the two locations should be sampled at an interval previously approved by the Department.
(vii) The Department reserves the right to require, at a later date, the owner/operator to provide telemetering of continuous monitoring data to the Department.
f. Air Curtain Incinerator - None.
g. Commercial Incinerator (effective June 25, 1999) - The combustion chamber exit temperature shall be continuously measured and recorded. Sensors shall be located such that flames from the burners do not impinge on the sensors.
h. Industrial Incinerators - Monitoring may be required as in item d. or e. above depending on the material being incinerated or burned and source test results.
i. Industrial Boilers and Utility Boilers - Monitoring may be required as in item d. or e. above depending on the material being incinerated or burned and source test results.
j. Non-Industrial Boilers - None.
k. Industrial Furnaces - Monitoring may be required as in item d. or e. above depending on the material being incinerated or burned and source test results.
l. Non-Industrial Furnaces - None.
B. Measurement and Recording Frequencies for Continuous Monitoring Systems
1. Temperature:
Monitors subject to this requirement shall take a minimum of one measurement every 15 seconds with this data recorded at least every successive 60 seconds. The minimum data recorder resolution shall be 50 degrees F (Fahrenheit).
2. Pressure Drop:
Monitors subject to this requirement shall take a minimum of one measurement every 15 minutes with this data recorded at least every successive 15 minutes. The minimum data recorder resolution shall be 0.2 inches of H2O (water).
3. Waste Flowmeters:
Monitors subject to this requirement shall take a minimum of one measurement every 60 seconds with this data recorded at least every successive 5 minutes. The minimum data recorder resolution shall be 5 percent of the design flow rate.
4. O2 Monitor:
Monitors subject to this requirement shall take a minimum of one measurement every 15 minutes with this data recorded at least every successive 15 minutes. The minimum data recorder resolution shall be 0.2 percent O2.
5. CO Monitor:
Monitors subject to this requirement shall take a minimum of one measurement every 15 minutes with this data recorded at least every successive 15 minutes. The minimum data recorder resolution shall be 5 parts per million (ppm).
6. CO2 Monitor:
Monitors subject to this requirement shall take a minimum of one measurement every 15 minutes with this data recorded at least every successive 15 minutes. The minimum data recorder resolution shall be 0.2 percent CO2.
7. HCl Monitor:
Monitors subject to this requirement shall take a minimum of one measurement every 15 minutes with this data recorded at least every successive 15 minutes. The minimum data recorder resolution shall be 5 ppm.
8. Opacity Monitor:
Monitors subject to this requirement shall complete a minimum of one cycle of sampling and analysis for each successive 10-second period and one cycle of data recording for each successive 6-minute period. The minimum data recorder resolution shall be 0.5 percent opacity.
9. THC Monitor:
Monitors subject to this requirement shall take a minimum of one measurement every 15 minutes with the data recorded at least every successive 15 minutes. The minimum data recorder resolution shall be 1 ppm.
C. Recordkeeping
1. Any owner or operator subject to any of the provisions of this standard shall maintain a file of all measurements, data and correspondence relating to continuous monitoring systems, other monitoring devices, performance testing measurements, all continuous monitoring system performance evaluations, all continuous monitoring system or monitoring device calibration checks, and adjustments and maintenance performed on these systems or devices.
2. The owner or operator of any source subject to any of the provisions of this standard shall record the daily waste(s) charge rates and hours of operation (effective June 25, 1999).
3. Copies of all records and reports required under this section shall be available for inspection during normal working hours and copies shall be furnished within 10-working days after receipt of a written request from the Department.
4. Copies of all records and reports required under this section shall be retained by the owner/operator for five years after the date on which the record was made or the report submitted.
D. Reporting and Corrective Action
1. All sources subject to the monitoring provisions of this section will be required to report quarterly all exceedances of limits specified in the source's permit and this standard. All quarterly reports must be postmarked by the 30th day following the end of each calendar quarter.
2. Any source subject to this standard must report any changes in operating or monitoring parameters and/or any equipment malfunctions which result in exceedances of the emissions limitations herein, within 24 hours after the occurrence unless otherwise approved in a Department approved malfunction plan. This report shall be made to the appropriate Regional Environmental Quality Control Office. In addition, the flow of hazardous waste fed to the combustion source must be stopped until proper operating conditions are restored.
3. For those sources not required to have a continuous emission monitor for the specified pollutant, a detailed report shall be submitted to the Department within 30 days following any exceedance of limits specified in the source's permit and/or this standard unless otherwise approved in a Department approved malfunction plan. The report shall include at a minimum all of the elements listed in Regulation 61-62.1, Section II.J.1.c.
SECTION VII - CALIBRATION AND QUALITY ASSURANCE OF MONITORING DEVICES
A. Provisions of this section or other procedures approved by the Department, unless superseded by federal air regulations, are applicable to monitoring devices required under Section VI or required by permit conditions to establish compliance with this standard. The daily zero and span calibrations for all categories of continuous emission monitors shall comply with the requirements of 40 CFR 60.13(d)(1) and (d)(2) unless superseded by federal air regulations.
B. Specific Monitoring Devices
1. Thermometers/Thermocouples
a. Initial Calibration:
(i) Range: 3 points over the expected range of use.
(ii) Accuracy: plus or minus (±) 2.5 percent.
(iii) Method: Calibrate using National Institute of Standards and Technology (NIST) traceable methods and manufacturer's specifications or other methods approved by the Department.
b. Quality Assurance:
Conduct weekly single or multipoint reference checks against NIST traceable thermometers/thermocouples or other methods approved by the Department, and recalibrate according to paragraph B.1.a above if this difference is greater than 2.5 percent.
2. Baghouse and Scrubber Pressure Drop Gauges
a. Initial Calibration:
(i) Range: 3 points over the expected range of use.
(ii) Accuracy: ± 5 percent.
(iii) Method: Calibrate against a certified gauge-oil manometer or other methods approved by the Department.
b. Quality Assurance:
Conduct weekly single point reference checks against a certified gauge-oil manometer and recalibrate according to paragraph B.2.a. above if the difference is greater than 5 percent.
3. Waste Flowmeters
a. Initial Calibration:
(i) Range: 3 flowrates over the expected range of use.
(ii) Accuracy: ± 3.0 percent.
(iii) Method: NIST traceable dynamic calibration procedure or other methods approved by the Department.
b. Quality Assurance:
Conduct weekly single point flowrate checks using a gravimetric vs. time procedure as described in manufacturer's specifications or other methods approved by the Department, and recalibrate according to paragraph B.3.a. above if the difference is greater than 3 percent.
4. O2 Monitor
a. Initial Calibration:
The O2 monitor must meet Performance Specifications 3, in 40 CFR 60, Appendix B and 40 CFR 60.13 (c), (d)(1), (e), (e)(2), and (f).
b. Quality Assurance (To Be Done Quarterly):
Challenge the monitor with low (25 percent of instrument span) and mid (50 percent of instrument span) EPA Protocol Number 1 or NIST traceable audit gases or challenge the monitor as prescribed in 40 CFR 60, Appendix F, Section 5.1.2. Recalibration according to paragraph B.4.a. above is required if the quarterly audit deviates by more than plus or minus (±) 15 percent from the audit gas concentrations. NOTE: Sufficient time for instrument stabilization must be allowed when challenging the monitor with audit gases.
5. CO Monitor
a. Initial Calibration:
The CO monitor must meet Performance Specification 4 or 4A if applicable, in 40 CFR 60, Appendix B, and 40 CFR 60.13 (c), (d)(1), (e), (e)(2), and (f).
b. Quality Assurance (To Be Done Quarterly):
Challenge the monitor with low (25 percent of instrument span) and mid (50 percent of instrument span) EPA Protocol Number 1 or NIST traceable audit gases or challenge the monitor as prescribed in 40 CFR 60, Appendix F, Section 5.1.2. Recalibration according to paragraph B.5.a. above is required if the quarterly audit deviates by more than plus or minus (±) 15 percent from the audit gas concentrations. NOTE: Sufficient time for instrument stabilization must be allowed when challenging the monitor with audit gases.
6. CO2 Monitor
a. Initial Calibration:
The CO2 monitor must meet Performance Specifications 3, in 40 CFR 60, Appendix B, and 40 CFR 60.13 (c), (d)(1), (e), (e)(2), and (f).
b. Quality Assurance (To Be Done Quarterly):
Challenge the monitor with low (25 percent of instrument span) and mid (50 percent of instrument span) EPA Protocol Number 1 or NIST traceable audit gases or challenge the monitor as prescribed in 40 CFR 60, Appendix F, Section 5.1.2. Recalibration according to paragraph B.6.a. above is required if the quarterly audit deviates by more than plus or minus (±) 15 percent from the audit gas concentrations. NOTE: Sufficient time for instrument stabilization must be allowed when challenging the monitor with audit gases.
7. HCl Monitor:
Reserved (HCl continuous emission monitor performance specification currently under EPA development).
8. Opacity Monitor
a. Initial Calibration:
The opacity monitor must meet Performance Specification 1, in 40 CFR 60, Appendix B and 40 CFR 60.13 (c), (d)(1), (d)(2), (e), (e)(1), and (f).
b. Quality Assurance (To Be Done Annually):
Must be audited with low, medium and high neutral density filters.
9. THC Monitor
a. Initial Calibration:
The THC monitor must meet the Performance Specification 2.2 in 40 CFR 266, Appendix IX.
b. Quality Assurance and Recalibration:
As specified in Performance Specification 2.2 in 40 CFR 266, Appendix IX.
C. For monitoring devices not specified above, calibration and quality assurance of monitoring devices shall be approved by the Department on a case-by-case basis.
SECTION VIII - PERIODIC TESTING
A. An owner or operator of any source listed in paragraph D below shall ensure that scheduled periodic tests for the parameters associated with that source are conducted in accordance with Regulation 61-62.1, Section IV, Source Tests. These tests shall be performed within 60 days after achieving the maximum production rate at which the affected facility will be operated, but not later than 180 days after initial startup of the facility and every two years thereafter, except as otherwise noted herein. This requirement to conduct tests may be waived if an alternative method for determining compliance with emission limits can be developed which is acceptable to the Department. Department approval of the alternative method for determining compliance must be given prior to the compliance demonstration.
B. Unless more frequent testing is required by an applicable federal requirement, sources subject to a more restrictive requirement in Resource Conservation and Recovery Act (RCRA) or a promulgated Maximum Achievable Control Technology (MACT) Standard shall be excluded from the testing frequency requirements of Section VIII provided any additional parameters required by this section (for example, nickel) are tested and compliance demonstrations are performed at least every three years. Compliance demonstrations must be performed with a maximum frequency of three years for all pollutants listed in Section VIII, as applicable. Spiking for metals and HCl are not required for these periodic retests, but sources must conduct these tests on their normal highest metals and HCl containing waste streams.
C. Other tests may be required by special permit conditions as indicated by a case-by-case evaluation of material being incinerated or burned and by source testing.
D. Tests Required
Sources
Parameters
1.
Sludge Incinerators
a.
Particulate Matter (PM)
b.
Mercury (Hg)
2.
Hazardous Waste Incinerators
a.
Hydrochloric Acid (HCl)
b.
PM
c.
Oxygen (O2) initially only
d.
Carbon Monoxide (CO) initially only
e.
Metals
f.
POHC Destruction & Removal Efficiency (DRE) initially only
3.
Municipal Waste Combustors
a.
PM
b.
HCl (effective 5/25/90)
c.
CO (effective 5/25/90)
d.
O2 (effective 5/25/90)
e.
CO2 (effective 5/25/90)
4.
Commercial Incinerator
a.
PM
(effective June 25, 1999)
b.
CO
5.
Industrial Incinerators
PM
6.
Industrial Boilers and Utility Boilers
a.
PM
b.
Metals
c.
POHC Destruction & Removal Efficiency (DRE) initially only if burning hazardous waste
d.
CO if burning hazardous waste
e.
O2 if burning hazardous waste
f.
HCl
7.
Industrial Furnaces
a.
PM
b.
Metals
c.
POHC Destruction & Removal Efficiency (DRE) initially only if burning hazardous waste
d.
CO if burning hazardous waste
e.
O2 if burning hazardous waste
f.
HCl
E. A waiver of the POHC DRE test requirement may be granted for boilers operating under special conditions that ensure 99.99 percent DRE. Such conditions may include but are not limited to the following:
1. >50 percent of boiler heat input from fuel oil, natural gas, or pulverized coal;
2. Minimum waste heat value of 8000 Btu/lb;
3. Waste must be fired with an atomization system;
4. Boiler must be operated at >25 percent load; and
5. CO and O2 flue gas limits with continuous monitoring requirements.
F. POHC DRE shall be determined by the following equation using mass emissions rates:
DRE = [(Inlet Organics - Stack Outlet Organics) ÷ Inlet Organics] x 100
SECTION IX - Operator Training Requirements
A. Prior to the startup for new facilities and within one year of May 25, 1990, for existing facilities, all incinerator operators shall be trained by the equipment manufacturers' representatives and/or other Department approved qualified individuals and/or organizations as to proper operating practices and procedures. The content of the training program shall be submitted to the Department for approval. The applicant shall submit certification verifying the satisfactory completion of a training program prior to issuance of the operating permit. The applicant shall not operate the incinerator without an operator on-site who has satisfactorily completed the training program.
B. The operator training requirement in paragraph A above is also applicable to all municipal waste combustors effective June 25, 1999.
C. An incinerator operator training program should include but not be limited to:
1. A summary of the applicable standards under this standard;
2. A description of basic combustion theory applicable to an incinerator;
3. Procedures for receiving, handling, and feeding waste as appropriate;
4. Incinerator startup, shutdown, and malfunction procedures;
5. Procedures for maintaining proper combustion air supply levels;
6. Procedures for operating the incinerator within the standards established under this standard;
7. Procedures for responding to periodic upset or off-specification conditions;
8. Procedures for minimizing particulate matter carryover;
9. Procedures for handling ash;
10. Procedures for monitoring incinerator emissions; and
11. Reporting and recordkeeping procedures.
D. The Department may exempt a facility from any or all of the above Operator Training Requirements on a case-by-case basis.
HISTORY: Amended by State Register Volume 36, Issue No. 4, eff April 27, 2012 (errata); State Register Volume 36, Issue No. 9, eff September 28, 2012 (errata); State Register Volume 7, Issue No. 4, eff April 26, 2013; State Register Volume 40, Issue No. 9, Doc. No. 4650, eff September 23, 2016.
STANDARD NO. 3.1 HOSPITAL/MEDICAL/INFECTIOUS WASTE INCINERATORS (HMIWI)
Section I - Applicability and General Requirements.
(a) This standard applies to any device, regardless of type or construction, which combusts hospital/medical/infectious waste.
(b) This standard is not applicable to crematory incinerators.
(c) Beginning September 15, 2000, existing facilities subject to this standard and not listed as an exempt source for 40 Code of Federal Regulations (CFR) 60 Subpart Ec, Standards of Performance for Hospital/Medical/Infectious Waste Incinerators for Which Construction is Commenced After June 20, 1996 (September 15, 1997, 60 FR 48348), shall operate pursuant to a Title V permit issued by the Department.
(d) An owner or operator shall not combust hospital/medical/infectious waste except in a multiple-chamber incinerator with a solid hearth, or in a device found to be equally effective for the purpose of air contaminant control as an approved multiple-chamber incinerator as determined by the Department.
(e) Physical or operational changes to an existing HMIWI unit, for which construction was commenced on or before June 20, 1996, that are made solely for the purpose of complying with this standard are not considered a modification and do not result in an existing HMIWI unit becoming subject to the provisions of 40 CFR 60 Subpart Ec, Standards of Performance for Hospital/Medical/Infectious Waste Incinerators for Which Construction is Commenced After June 20, 1996 (September 15, 1997, 60 FR 48348).
(f) All HMIWI are subject to this standard. Those HMIWI for which construction or reconstruction commenced after June 20, 1996, are also subject to the provisions of 40 CFR 60 Subpart Ec, Standards of Performance for Hospital/Medical/Infectious Waste Incinerators for Which Construction is Commenced After June 20, 1996 (September 15, 1997, 60 FR 48348).
(g) This standard is not applicable to combustors which burn hospital waste and do not burn any medical/infectious waste and are subject to all provisions of 40 CFR 60 Subpart Eb, Standards of Performance for Municipal Waste Combustors for Which Construction is Commenced After September 20, 1994, or for Which Modification or Reconstruction is Commenced After June 19, 1996; Subpart Cb, Emission Guidelines and Compliance Times for Large Municipal Waste Combustors that are Constructed on or Before September 20, 1994; or 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.
Section II - Definitions.
Unless stated otherwise, the definitions that appear in this section shall apply only to this standard.
(a) Batch HMIWI - Means a HMIWI that is designed such that neither waste charging nor ash removal can occur during combustion.
(b) Continuous HMIWI - Means a HMIWI that is designed to allow waste charging and ash removal during combustion.
(c) Dry Scrubber - Means an add-on air pollution control system that injects dry alkaline sorbent (dry injection) or sprays an alkaline sorbent (spray dryer) to react with and neutralize acid gases in the HMIWI exhaust stream forming a dry powder material.
(d) Fabric Filter or Baghouse - Means an add-on air pollution control system that removes particulate matter and nonvaporous metals emissions by passing flue gas through filter bags.
(e) Facilities Manager - Means the individual in charge of purchasing, maintaining, and operating the HMIWI or the owner's or operator's representative responsible for the management of the HMIWI. Alternative titles may include director of facilities or vice president of support services.
(f) High-Air Phase - Means the stage of the batch operating cycle when the primary chamber reaches and maintains maximum operating temperatures.
(g) Hospital/Medical/Infectious Waste Incinerator Operator or HMIWI Operator - Means any person who operates, controls, or supervises the day-to-day operation of a HMIWI.
(h) Infectious Agent - Means any organism (such as a virus, bacteria or prion) that is capable of being communicated by invasion and multiplication in body tissues and capable of causing disease or adverse health impacts in humans.
(i) Intermittent HMIWI - Means a HMIWI that is designed to allow waste charging, but not ash removal, during combustion.
(j) Large HMIWI - Means:
(1) Except as provided in paragraph (j)(2) below,
(i) A HMIWI whose maximum design waste burning capacity is more than 500 pounds per hour (lbs/hr); or
(ii) A continuous or intermittent HMIWI whose maximum charge rate is more than 500 lbs/hr; or
(iii) A batch HMIWI whose maximum charge rate is more than 4,000 pounds per day (lbs/day).
(2) The following are not large HMIWI:
(i) A continuous or intermittent HMIWI whose maximum charge rate is less than or equal to 500 lbs/hr; or
(ii) A batch HMIWI whose maximum charge rate is less than or equal to 4,000 lbs/day.
(k) Maximum Charge Rate - Means:
(1) For continuous and intermittent HMIWI, 110 percent of the lowest three-hour average charge rate measured during the most recent performance test demonstrating compliance with all applicable emission limits.
(2) For batch HMIWI, 110 percent of the lowest daily charge rate measured during the most recent performance test demonstrating compliance with all applicable emission limits.
(l) Maximum Design Waste Burning Capacity - Means:
(1) For intermittent and continuous HMIWI,
C = PV × 15, 000/8,500
where:
C = HMIWI capacity, lb/hr
PV = Primary chamber volume, cubic foot (ft3)
15,000 = Primary chamber heat release rate factor, British thermal unit per cubic foot per hour (Btu/ft3/hr)
8,500 = Standard waste heating value, Btu/lb;
(2) For batch HMIWI,
C = PV × 4.5/8
where:
C = HMIWI capacity, lb/hr
PV = Primary chamber volume, ft3
4.5 = Waste density, lb/ft3
8 = Typical hours of operation of a batch HMIWI, hours.
(m) Maximum Fabric Filter Inlet Temperature - Means 110 percent of the lowest three-hour average temperature at the inlet to the fabric filter (taken, at a minimum, once every minute) measured during the most recent performance test demonstrating compliance with the dioxins/furans emission limit.
(n) Maximum Flue Gas Temperature - Means 110 percent of the lowest three-hour average temperature at the outlet from the wet scrubber (taken, at a minimum, once every minute) measured during the most recent performance test demonstrating compliance with the mercury (Hg) emission limit.
(o) Medium HMIWI - Means:
(1) Except as provided in paragraph (o)(2) below,
(i) A HMIWI whose maximum design waste burning capacity is more than 200 lbs/hr but less than or equal to 500 lbs/hr; or
(ii) A continuous or intermittent HMIWI whose maximum charge rate is more than 200 lbs/hr but less than or equal to 500 lbs/hr; or
(iii) A batch HMIWI whose maximum charge rate is more than 1,600 lbs/day but less than or equal to 4,000 lbs/day.
(2) The following are not medium HMIWI:
(i) A continuous or intermittent HMIWI whose maximum charge rate is less than or equal to 200 lbs/hr or more than 500 lbs/hr; or
(ii) A batch HMIWI whose maximum charge rate is more than 4,000 lbs/day or less than or equal to 1,600 lbs/day.
(p) Minimum Dioxins/Furans Sorbent Flow Rate - Means 90 percent of the highest three-hour average dioxins/furans sorbent flow rate (taken, at a minimum, once every hour) measured during the most recent performance test demonstrating compliance with the dioxins/furans emission limit.
(q) Minimum Mercury (Hg) Sorbent Flow Rate - Means 90 percent of the highest three-hour average Hg sorbent flow rate (taken, at a minimum, once every hour) measured during the most recent performance test demonstrating compliance with the Hg emission limit.
(r) Minimum Hydrogen Chloride (HCl) Sorbent Flow Rate - Means 90 percent of the highest three-hour average HCl sorbent flow rate (taken, at a minimum, once every hour) measured during the most recent performance test demonstrating compliance with the HCl emission limit.
(s) Minimum Horsepower or Amperage - Means 90 percent of the highest three-hour average horsepower or amperage to the wet scrubber (taken, at a minimum, once every minute) measured during the most recent performance test demonstrating compliance with the applicable emission limits.
(t) Minimum Pressure Drop Across the Wet Scrubber - Means 90 percent of the highest three-hour average pressure drop across the wet scrubber PM control device (taken, at a minimum, once every minute) measured during the most recent performance test demonstrating compliance with the PM emission limit.
(u) Minimum Scrubber Liquor Flow Rate - Means 90 percent of the highest three-hour average liquor flow rate at the inlet to the wet scrubber (taken, at a minimum, once every minute) measured during the most recent performance test demonstrating compliance with all applicable emission limits.
(v) Minimum Scrubber Liquor pH - Means 90 percent of the highest three-hour average liquor pH at the inlet to the wet scrubber (taken, at a minimum, once every minute) measured during the most recent performance test demonstrating compliance with the HCl emission limit.
(w) Minimum Secondary Chamber Temperature - Means 90 percent of the highest three-hour average secondary chamber temperature (taken, at a minimum, once every minute) measured during the most recent performance test demonstrating compliance with the PM, carbon monoxide (CO), or dioxins/furans emission limits.
(x) Modification or Modified HMIWI - Means any change to a HMIWI unit after the effective date of these standards such that:
(1) The cumulative costs of the modifications, over the life of the unit, exceed 50 percent of the original cost of the construction and installation of the unit (not including the cost of any land purchased in connection with such construction or installation) updated to current costs; or
(2) The change involves a physical change in or change in the method of operation of the unit which increases the amount of any air pollutant emitted by the unit for which standards have been established under Section 129 or Section 111 of the Clean Air Act (Act).
(y) Operating Day - Means a 24-hour period between 12:00 midnight and the following midnight during which any amount of hospital waste or medical/infectious waste is combusted at any time in the HMIWI.
(z) Operation - Means the period during which waste is combusted in the incinerator excluding periods of startup or shutdown.
(aa) Particulate Matter or PM - Means the total particulate matter emitted from a HMIWI as measured by Environmental Protection Agency (EPA) Reference Method 5 or EPA Reference Method 29.
(bb) Primary Chamber - Means the chamber in a HMIWI that receives waste material, in which the waste is ignited, and from which ash is removed.
(cc) Prion - Means a small infectious pathogen containing protein which is resistant to procedures that modify or hydrolyze nucleic acids.
(dd) Secondary Chamber - Means a component of the HMIWI that receives combustion gases from the primary chamber and in which the combustion process is completed.
(ee) Shutdown - Means the period of time after all waste has been combusted in the primary chamber. For continuous HMIWI, shutdown shall commence no less than two hours after the last charge to the incinerator. For intermittent HMIWI, shutdown shall commence no less than four hours after the last charge to the incinerator. For batch HMIWI, shutdown shall commence no less than five hours after the high-air phase of combustion has been completed.
(ff) Small HMIWI - Means:
(1) Except as provided in paragraph (ff)(2) below,
(i) An HMIWI whose maximum design waste burning capacity is less than or equal to 200 lbs/hr; or
(ii) A continuous or intermittent HMIWI whose maximum charge rate is less than or equal to 200 lbs/hr; or
(iii) A batch HMIWI whose maximum charge rate is less than or equal to 1,600 lbs/day.
(2) The following are not small HMIWI:
(i) A continuous or intermittent HMIWI whose maximum charge rate is more than 200 lbs/hr;
(ii) A batch HMIWI whose maximum charge rate is more than 1,600 lbs/day.
(gg) Standard Conditions - Means a temperature of 20 degrees Celsius (C) and a pressure of 101.3 kilopascals.
(hh) Startup - Means the period of time between the activation of the system and the first charge to the unit. For batch HMIWI, startup is the period of time between activation of the system and ignition of the waste.
(ii) Wet Scrubber - Means an add-on air pollution control device that utilizes an alkaline scrubbing liquor to collect PM (including nonvaporous metals and condensed organics) and/or to absorb and neutralize acid gases.
Section III - Emission Limitations.
(a) On and after the date on which the initial performance test is completed or is required to be completed as per Section VII of this standard, whichever date comes first, no owner or operator of an affected facility shall cause to be discharged into the atmosphere from that affected facility any gases that contain stack emissions in excess of the limits presented in Table I below.
Table I
Emission Limitations for Small, Medium, and Large Hospital/Medical/Infectious Waste Incinerators
Pollutant
Units (7 percent oxygen (O2) basis, dry basis)
Small
Medium
Large
PM
Milligrams per dry standard cubic meter (gr/dscf)
115 (0.05)
69 (0.03)
34 (0.015)
CO
ppmv
40
40
40
Dioxins/Furans
Nanograms per dry standard cubic meter total dioxins/furans (grains per billion dry standard cubic feet) or nanograms per dry standard cubic meter TEQ (grains per billion dry standard cubic feet)
125 (55) or 2.3 (1.0)
125 (55) or 2.3 (1.0)
125 (55) or 2.3 (1.0)
HCl
ppmv or percent reduction
100 or 93 percent
100 or 93 percent
100 or 93 percent
Sulfur Dioxide (SO2)
ppmv
55
55
55
Nitrogen Oxide (NOX)
ppmv
250
250
250
Lead (Pb)
Milligrams per dry standard cubic meter (grains per thousand dry standard cubic feet) or percent reduction
1.2 (0.52) or 70 percent
1.2 (0.52) or 70 percent
1.2 (0.52) or 70 percent
Cadmium (Cd)
Milligrams per dry standard cubic meter (grains per thousand dry standard cubic feet) or percent reduction
0.16 (0.07) or 65 percent
0.16 (0.07) or 65 percent
0.16 (0.07) or 65 percent
Hg
Milligrams per dry standard cubic meter (grains per thousand dry standard cubic feet) or percent reduction
0.55 (0.24) or 85 percent
0.55 (0.24) or 85 percent
0.55 (0.24) or 85 percent
gr/dscf = grains per dry standard cubic foot
ppmv = parts per million by volume
TEQ = Toxic Equivalents Quantity
(b) No owner or operator of an affected facility shall cause to be discharged into the atmosphere from the stack of that affected facility any gases that exhibit greater than 10 percent opacity (six-minute rolling average) or equal to or greater than 30 percent at any time.
(c) No small HMIWI which is located more than 50 miles from the boundary of the nearest Standard Metropolitan Statistical Area (defined in 40 CFR 60.31e, September 15, 1997, 60 FR 48348), and which burns less than 2,000 pounds per week of hospital waste and medical/infectious waste shall cause to be discharged into the atmosphere from that affected facility any gases that contain stack emissions in excess of the limits presented in Table II below. The 2,000 lbs/week limitation does not apply during performance tests.
Table II
Emission Limitations for Small Rural Hospital/Medical/Infectious Waste Incinerators
Pollutant
Units (7 percent O2 basis, dry basis)
Small (Rural)
PM
Milligrams per dry standard cubic meter (gr/dscf)
197 (0.086)
CO
ppmv
40
Dioxins/Furans
Nanograms per dry standard cubic meter total dioxins/furans (grains per billion dry standard cubic feet) or nanograms per dry standard cubic meter TEQ (grains per billion dry standard cubic feet)
800 (350) or 15 (6.6)
HCl
ppmv
3100
SO2
ppmv
55
NOX
ppmv
250
Pb
Milligrams per dry standard cubic meter (grains per thousand dry standard cubic feet) or percent reduction
10 (4.4)
Cd
Milligrams per dry standard cubic meter (grains per thousand dry standard cubic feet) or percent reduction
4 (1.7)
Hg
Milligrams per dry standard cubic meter (grains per thousand dry standard cubic feet) or percent reduction
7.5 (3.3)
Opacity
6 minute average
10 percent
gr/dscf = grains per dry standard cubic foot
ppmv = parts per million by volume
TEQ = Toxic Equivalents Quantity
(d) Large HMIWI with capacity greater than 2,000 lbs/hr for continuous and 16,000 lbs/day for batch shall complete an ambient impact analysis for: arsenic and compounds expressed as arsenic; beryllium and compounds expressed as beryllium; hexavalent chromium and compounds expressed as chromium; and nickel and compounds expressed as nickel.
(1) Using available emission factors, the emissions from the facility shall be estimated and the analysis shall be conducted by performing dispersion modeling using the facility's exhaust characteristics. The analysis shall be conducted in accordance with the procedures stipulated in the Air Quality Modeling Guidelines.
(2) The required analysis must show that predicted concentrations do not exceed the following applicable annual ambient concentrations.
Table III
Allowable Ambient Concentrations
Pollutant
Units
Allowable Ambient Concentration
Arsenic (As)
µg/m3
2.3e-04
Beryllium (Be)
µg/m3
4.2e-04
Hexavalent Chromium (Cr (+6))
µg/m3
8.3e-05
Nickel (Ni)
µg/m3
3.3e-03
µg/m3 = micrograms per cubic meter
(3) Compliance shall be verified by stack sampling as described in Section VII of this standard. Using the actual stack parameters and emission rates from the most recent source test and Department approved modeling techniques, the calculated maximum annual ambient concentrations shall not exceed the above levels. The modeling methodology shall be submitted with the source test plans required by Regulation 61-62.1, Section IV, Source Tests. The applicant shall submit a Modeling Protocol to the Department and receive approval prior to starting any modeling study.
(e) Large HMIWI with capacity greater than 2,000 lbs/hr for continuous and 16,000 lbs/day for batch shall maintain a combustion efficiency of 99.9 percent or greater on an hourly basis. The combustion efficiency shall be calculated as follows:
C.E.
=
[CO2]
x
100
[CO2]+[CO]
C.E. = Combustion efficiency
[CO2] = Concentration of carbon dioxide (ppmv corrected to 7 percent O2)
[CO] = Concentration of carbon monoxide (ppmv corrected to 7 percent O2)
Note: O2, CO2, and CO determined on a dry basis.
(f) Upon mutual agreement of an owner or operator of a HMIWI and the Department, an emission limit more restrictive than that otherwise specified in this standard and/or an emission limit for any air contaminant discharged from the HMIWI that is not specified in this standard may be established. Also, upon mutual agreement of the owner or operator of an affected source and the Department, operating hours, process flow rates, or any other operating parameter may be established as a binding limit for the affected source. Any items mutually agreed to shall be stated as a special condition for any permit or order concerning the source. Violation of this mutual agreement will be considered a violation and will be subject to appropriate enforcement.
Section IV - Performance Specifications.
(a) The owner or operator of an affected facility shall ensure that:
(1) The secondary chamber is maintained at a temperature equal to or greater than 1800 degrees Fahrenheit (F). A thermocouple is appropriately located at the exit of the chamber to confirm the temperature.
(2) The temperature equal to or greater than 1800 degrees F is maintained for at least one second (secondary chamber residence time). The ducting between the secondary chamber and heat recovery system or the breaching and portion of the stack (tertiary chamber) may not be included for the residence time demonstration.
(3) The auxiliary (secondary and/or tertiary) burners of the incinerator are designed such that without the assistance of the heat content of the waste, a minimum temperature of 2000 degrees F can be maintained for at least one second. (See Appendix B)
(4) Appendix B of this standard shall be used to demonstrate compliance with paragraphs (a)(2) and (3) above.
(b) Owners or operators which have an incinerator facility with a continuous capacity greater than 2000 lbs/hr or a batch capacity of less than 16,000 lbs/day in existence on or before May 25, 1990, equipped with a secondary chamber and/or an afterburner operated at a minimum temperature equal to or greater than 1800 degrees F may choose to meet a more restrictive visible emission standard of zero percent opacity in lieu of meeting the residence time requirements in paragraph (a) above. However, a residence time of at least 0.5 seconds will be required if the facility is permitted to burn hazardous waste or antineoplastic drugs.
(c) The firing of the burners and the combustion air shall be modulated automatically to maintain a secondary chamber exit or after burner temperature of at least 1800 degrees F.
(d) The incinerator shall be equipped with an automatic loader except for units with capacities less than or equal to 300 lbs/hr and equipped with the interlocks specified in paragraphs (e) or (g) below or as provided in paragraph (f) below. However, a sealed feeding device capable of preventing combustion upsets during charging will be required for the units with capacity less than 300 lbs/hr.
(e) For batch fed incinerators (fully loaded while cold and never opened until burn cycle is completed), interlocks should be provided to prevent (1) ignition of the waste until the secondary chamber exit or afterburner temperature is established at equal to or greater than 1800 degrees F; and (2) recharging until the combustion cycle is complete. No waste shall be incinerated if the required interlock system is not operational.
(f) The owner or operator of an incinerator, except a batch incinerator in existence on or before May 25, 1990, which is manually fed may submit a written request to the Department that manual feeding be allowed. The request must include a plan detailing the methods and operating procedure to be employed in manually charging the incinerator. The Department shall determine if the plan provided is acceptable.
(1) The owner or operator of the incinerator must post or file on the operating premises a copy of the approved plan.
(2) The plan shall not relieve the owner or operator of the duty of meeting all other emission requirements.
(3) Any violation of the conditions under which the plan was approved or any violation of other requirements of this standard may result in the Department requiring that an automatic mechanical loading device be installed.
(g) For non-batch fed incinerators, the charging of waste to the incinerator shall automatically cease through the use of an interlock system when any of the following conditions exist: [Note: The only monitors required in the interlock system are those required for a specific incinerator size facility in Section V below.]
(1) The incinerator's secondary chamber exit or afterburner temperature drops below 1800 degrees F; and/or
(2) The carbon monoxide emissions are equal to or greater than 150 ppmv (dry basis), corrected to seven percent O2 on a dry basis for a 15 minute period; and/or
(3) The flue gas O2 level drops below six percent (dry basis) for a 15 minute period; and/or
(4) The opacity of the visible emissions is equal to or greater than 10 percent for a period of 15 minutes; and/or
(5) The required monitoring equipment is not functioning.
(h) Startup and Shutdown Requirements
(1) The owner or operator of an affected facility shall ensure that:
(i) No waste is charged to an incinerator other than a batch incinerator until the secondary chamber or afterburner has achieved a minimum temperature of 1800 degrees F.
(ii) The secondary chamber or afterburner has achieved and maintained the required minimum temperature for 15 minutes before charging begins.
(iii) The control equipment (if equipped) is operational and functioning properly, prior to the ignition of waste and until all the waste is incinerated.
(2) The owner or operator of an affected facility shall ensure that during shutdowns the secondary chamber or afterburner minimum temperature of 1800 degrees F is to be maintained using auxiliary burners until "shutdown" as defined in Section II of this standard has been met.
(3) The owner or operator of an affected facility shall ensure that a detailed procedure for normal system startup and shutdown, including the duration of preheat and burnout cycles, is submitted as part of the application for approval.
(i) Storage.
(1) The owner or operator of an affected facility shall ensure that the storage of hospital/medical/infectious waste shall be in a manner approved by the Department to prevent the escape of malodor.
(2) The owner or operator of an affected facility shall ensure that hospital/medical/infectious waste and ash are stored only in enclosed, leaktight containers or areas.
(3) The owner or operator of an affected facility shall ensure that ash is loaded in an enclosed area or handled wet in enclosed containers.
Section V - Monitoring Requirements.
(a) General.
(1) The owner or operator of an affected facility shall ensure that all monitoring devices are maintained in accordance with Section VI of this standard.
(2) The owner or operator of an affected facility shall ensure that all data recorder resolutions are sufficient to display the data recording frequencies required in Table IV, and Section V(d) of this standard.
(b) Small (Rural) HMIWI facilities.
(1) The owner or operator of an affected facility shall install, calibrate, maintain, and operate a device for measuring and recording the temperature of the secondary chamber on a continuous basis, the output of which shall be recorded, at a minimum, once every minute throughout operation.
(2) The owner or operator of an affected facility shall install, calibrate, maintain, and operate a device which automatically measures and records the date, time, and weight of each charge fed into the HMIWI.
(3) The owner or operator of an affected facility shall obtain monitoring data at all times during HMIWI operation except during periods of monitoring equipment malfunction, calibration, or repair. At a minimum, valid monitoring data shall be obtained for 75 percent of the operating hours per day and for 90 percent of the operating hours per calendar quarter that the affected facility is combusting hospital waste and/or medical/infectious waste.
(c) Small (Urban), Medium, and Large HMIWI facilities
(1) The owner or operator of an affected facility shall install, calibrate, maintain, and operate devices (or establish methods) for monitoring the applicable maximum and minimum operating parameters listed in Table IV of this standard such that these devices (or methods) measure and record values for these operating parameters at the frequencies indicated in Table IV of this standard at all times except during periods of startup and shutdown.
(2) The owner or operator of an affected facility shall install, calibrate, maintain, and operate a device or method for measuring the use of the bypass stack including date, time, and duration.
(3) The owner or operator of an affected facility using something other than a dry scrubber followed by a fabric filter, a wet scrubber, or a dry scrubber followed by a fabric filter and a wet scrubber to comply with the emission limits under this standard shall install, calibrate, maintain, and operate the equipment necessary to monitor the site-specific operating parameters developed pursuant to Section VII(c)(8) of this standard.
(4) The owner or operator of an affected facility shall obtain monitoring data at all times during HMIWI operation except during periods of monitoring equipment malfunction, calibration, or repair. At a minimum, valid monitoring data shall be obtained for 75 percent of the operating hours per day and for 90 percent of the operating days per calendar quarter that the affected facility is combusting hospital waste and/or medical/infectious waste.
(5) The owner or operator of an affected facility shall ensure that:
(i) The secondary chamber or afterburner temperatures are continuously monitored and recorded.
(ii) Sensors are installed, maintained, and operated such that the flames from the burners do not impinge upon the sensors.
(iii) The secondary chamber temperature is measured at or beyond the chamber exit.
(6) The Department reserves the right to require the owner/operator to provide telemetering of continuous monitoring data to the Department.
(d) Large HMIWI facilities with capacity equal to or greater than 2,000 lbs/hr
The owner or operator of an affected facility shall ensure that:
(1) Continuous monitors are installed on each HMIWI emission stack for O2, CO, CO2, and opacity.
(2) The O2, CO, and CO2 monitors are co-located upstream of any air pollution control devices unless otherwise approved by the Department.
(3) Each O2 monitor takes at a minimum of one measurement every 60 seconds and that this data is recorded at least every successive five minutes.
(4) Each CO monitor takes a minimum of one measurement every 60 seconds and that this data recorded at least every successive five minutes.
(5) Each CO2 monitor takes a minimum of one measurement every 60 seconds and that this data recorded at least every successive five minutes.
(6) Each opacity monitor completes a minimum of one cycle of sampling and analysis for each 10 second period and one cycle of data recording for each successive six-minute period.
Table IV
Operating Parameters to be Monitored and Minimum Measurement and Recording Frequencies
Minimum frequency
Control system
Operating parameters
to be monitored
Data
measurement
Data
recording
Dry
scrubber
followed
by fabric
filter
Wet
scrubber
Dry
scrubber
followed
by fabric
filter
and wet
scrubber
Maximum operating parameters:
Max. charge rate
Continuous
1 time/hour
X
X
X
Max. fabric filter inlet temperature
Continuous
1 time/minute
X
X
Max. flue gas temperature
Continuous
1 time/minute
X
X
X
Minimum operating parameters:
Min. secondary chamber
temperature
Continuous
1 time/minute
X
X
X
Min. dioxins/furans sorbent flow rate
Hourly
1 time/hour
X
X
Min. HCl sorbent flow rate
Hourly
1 time/hour
X
X
Min. mercury (Hg) sorbent flow rate
Hourly
1 time/hour
X
X
Min. pressure drop across the wet scrubber or min. horsepower or amperage to wet scrubber
Continuous
1 time/minute
X
X
Min. scrubber liquor flow rate
Continuous
1 time/minute
X
X
Min. scrubber liquor pH
Continuous
1 time/minute
X
X
X = applicable
Section VI - Calibration and Quality Assurance of Monitoring Devices.
(a) Provisions of this section, or other procedures approved by the Department, are applicable to monitoring devices which are required under Section V of this standard or which are required by permit conditions to establish compliance with Regulation 61-62.5, Standard No. 3.1. The daily zero and span calibration for all categories of continuous emission monitors shall comply with the requirements of 40 CFR 60.13(d)(1) and (d)(2), July 1, 1988.
(b) The owner or operator of an affected facility shall ensure that any monitoring devices required by this standard, but not included in this section, conform to the manufacturers specifications for initial calibration and quality assurance unless otherwise stated in regulation or permit requirements. Likewise, those monitors specifically mentioned may be subject to other, more stringent, regulatory and permit requirements.
(c) The owner or operator of an affected facility shall ensure that CO, CO2, O2, and opacity monitors are recalibrated annually in accordance with paragraph (b) above. Opacity monitors must be audited with low, medium, and high neutral density filters that are National Institute of Science and Technology (NIST) traceable.
Section VII - Testing Requirements.
(a) General
(1) The owner or operator of an affected HMIWI facility constructed on or before June 20, 1996, shall ensure that an initial source test is conducted no later than 12 months following the effective date of this standard.
(2) For incinerator facilities where construction commenced after June 20, 1996, or modification began after March 16, 1998, the owner or operator shall ensure that an initial source test is conducted within 60 days after achieving the maximum production rate at which the incinerator will be operated, but no later than 180 days after initial startup.
(3) The owner or operator of an affected facility shall ensure that source testing is conducted in the manner prescribed in Section 60.37e of Subpart Ce (40 CFR 60) and in accordance with Regulation 61-62.1 Section IV, Source Tests. The use of the bypass stack during a performance test shall invalidate the performance test.
(4) The Department may require air contaminant source testing as determined to be necessary to assure continuous compliance with the requirements of this standard and any emission limit stipulated as a permit condition.
(5) The emission limits under this standard apply at all times except during periods of startup, shutdown, or malfunction, provided that no hospital waste or medical/infectious waste is charged to the affected facility during startup, shutdown, or malfunction.
(b) Existing Sources
(1) Small (Rural) HMIWI facilities.
(i) The owner or operator of an affected facility shall ensure that an initial source test is conducted for the following:
(A) Particulate matter;
(B) CO;
(C) Hg;
(D) Dioxins/furans; and
(E) Opacity.
(ii) The Department reserves the right to require the owner or operator to conduct further source tests at any time if it is determined to be necessary by the Department after the initial compliance test. In addition to paragraph (b)(1)(i) above, these tests may include:
(A) HCl;
(B) Arsenic and compounds expressed as arsenic;
(C) Beryllium and compounds expressed as beryllium;
(D) Cadmium and compounds expressed as cadmium;
(E) Hexavalent chromium and compounds expressed as chromium;
(F) Lead and compounds expressed as lead; and
(G) Nickel and compounds expressed as nickel.
(iii) The owner or operator of an affected facility shall establish maximum charge rate and minimum secondary chamber temperature as site-specific operating parameters during the initial performance test to determine compliance with applicable emission limits.
(iv) Following the date on which the initial performance test is completed or is required to be completed under this standard, whichever date comes first, the owner or operator of an affected facility shall ensure that the designated facility does not operate above the maximum charge rate or below the minimum secondary chamber temperature measured as three-hour rolling averages (calculated each hour as the average of the previous three operating hours) at all times except during periods of startup, shutdown and malfunction. Operating parameter limits do not apply during performance tests. Operation above the maximum charge rate or below the minimum secondary chamber temperature shall constitute a violation of the established operating parameter(s).
(v) Except as provided in paragraph (b)(1)(vi) below, operation of the designated facility above the maximum charge rate and below the minimum secondary chamber temperature (each measured on a three-hour rolling average) simultaneously shall constitute a violation of the PM, CO, and dioxins/furans emission limits.
(vi) The owner or operator of an affected facility may conduct a repeat performance test within 30 days of violation of applicable operating parameter(s) to demonstrate that the designated facility is not in violation of the applicable emission limit(s). The owner or operator of an affected facility shall ensure that repeat performance tests are conducted pursuant to this paragraph using the identical operating parameters that indicated a violation under paragraph (b)(1)(v) above.
(vii) The owner or operator of an affected facility shall demonstrate compliance with the opacity limit by conducting an annual performance test (no more than 12 months following the previous performance test) using the applicable procedures and test methods.
(2) Small (Urban) HMIWI facilities
(i) The owner or operator of an affected facility shall ensure that an initial source test is conducted for the following:
(A) Particulate matter;
(B) HCl;
(C) CO;
(D) Cadmium;
(E) Lead;
(F) Hg;
(G) Dioxins/furans; and
(H) Opacity.
(ii) The Department reserves the right to require the owner or operator to conduct further source tests at any time if it is determined to be necessary by the Department after the initial compliance test. In addition to paragraph (b)(2)(i) above, these tests may include:
(A) Arsenic and compounds expressed as arsenic;
(B) Beryllium and compounds expressed as beryllium;
(C) Hexavalent chromium and compounds expressed as chromium; and
(D) Nickel and compounds expressed as nickel.
(iii) Following the date on which the initial performance test is completed or is required to be completed, whichever date comes first, the owner or operator of an affected facility shall:
(A) Demonstrate compliance with the opacity limit by conducting an annual performance test (no more than 12 months following the previous performance test) using the applicable procedures and test methods.
(B) Demonstrate compliance with the PM, CO, and HCl emission limits by conducting an annual performance test (no more than 12 months following the previous performance test) using the applicable procedures and test methods in accordance with paragraph (a)(3) of this section. If all three performance tests over a three-year period indicate compliance with the emission limit for a pollutant (PM, CO, or HCl), the owner or operator may forego a performance test for that pollutant for the subsequent two years. At a minimum, a performance test for PM, CO, and HCl shall be conducted every third year (no more than 36 months following the previous performance test). If a performance test conducted every third year indicates compliance with the emission limit for a pollutant (PM, CO, or HCl), the owner or operator may forego a performance test for that pollutant for an additional two years. If any performance test indicates noncompliance with the respective emission limit, a performance test for that pollutant shall be conducted annually until all annual performance tests over a three-year period indicate compliance with the emission limit. The use of the bypass stack during a performance test shall invalidate the performance test.
(3) Medium HMIWI facilities
(i) The owner or operator of an affected facility shall ensure that an initial source test is conducted for the following:
(A) Particulate matter;
(B) HCl;
(C) CO;
(D) Cadmium;
(E) Lead;
(F) Hg;
(G) Dioxins/furans; and
(H) Opacity.
(ii) The Department reserves the right to require the owner or operator to conduct further source tests at any time if it is determined to be necessary by the Department after the initial compliance test. In addition to paragraph (b)(3)(i) above, these tests may include:
(A) Arsenic and compounds expressed as arsenic;
(B) Beryllium and compounds expressed as beryllium;
(C) Hexavalent chromium and compounds expressed as chromium; and
(D) Nickel and compounds expressed as nickel.
(iii) Following the date on which the initial performance test is completed or is required to be completed, whichever date comes first, the owner or operator of an affected facility shall:
(A) Demonstrate compliance with the opacity limit by conducting an annual performance test (no more than 12 months following the previous performance test) using the applicable procedures and test methods.
(B) Demonstrate compliance with the PM, CO, and HCl emission limits by conducting an annual performance test (no more than 12 months following the previous performance test) using the applicable procedures and test methods in accordance with paragraph (a)(3) of this section. If all three performance tests over a three-year period indicate compliance with the emission limit for a pollutant (PM, CO, or HCl), the owner or operator may forego a performance test for that pollutant for the subsequent two years. At a minimum, a performance test for PM, CO, and HCl shall be conducted every third year (no more than 36 months following the previous performance test). If a performance test conducted every third year indicates compliance with the emission limit for a pollutant (PM, CO, or HCl), the owner or operator may forego a performance test for that pollutant for an additional two years. If any performance test indicates noncompliance with the respective emission limit, a performance test for that pollutant shall be conducted annually until all annual performance tests over a three-year period indicate compliance with the emission limit. The use of the bypass stack during a performance test shall invalidate the performance test.
(4) Large HMIWI facilities with capacity < 2000 lbs/hr
(i) The owner or operator of an affected facility shall ensure that an initial source test is conducted for the following:
(A) Particulate matter;
(B) HCl;
(C) CO;
(D) Cadmium;
(E) Lead;
(F) Hg;
(G) Dioxins/furans; and
(H) Opacity.
(ii) The Department reserves the right to require the owner or operator to conduct further source tests at any time if it is determined to be necessary by the Department after the initial compliance test. In addition to paragraph (b)(4)(i) above, these tests may include:
(A) Arsenic and compounds expressed as arsenic;
(B) Beryllium and compounds expressed as beryllium;
(C) Hexavalent chromium and compounds expressed as chromium; and
(D) Nickel and compounds expressed as nickel.
(iii) Following the date on which the initial performance test is completed or is required to be completed, whichever date comes first, the owner or operator of an affected facility shall:
(A) Demonstrate compliance with the opacity limit by conducting an annual performance test (no more than 12 months following the previous performance test) using the applicable procedures and test methods.
(B) Demonstrate compliance with the PM, CO, and HCl emission limits by conducting an annual performance test (no more than 12 months following the previous performance test) using the applicable procedures and test methods in accordance with paragraph (a)(3) of this section. If all three performance tests over a three-year period indicate compliance with the emission limit for a pollutant (PM, CO, or HCl), the owner or operator may forego a performance test for that pollutant for the subsequent two years. At a minimum, a performance test for PM, CO, and HCl shall be conducted every third year (no more than 36 months following the previous performance test). If a performance test conducted every third year indicates compliance with the emission limit for a pollutant (PM, CO, or HCl), the owner or operator may forego a performance test for that pollutant for an additional two years. If any performance test indicates noncompliance with the respective emission limit, a performance test for that pollutant shall be conducted annually until all annual performance tests over a three-year period indicate compliance with the emission limit. The use of the bypass stack during a performance test shall invalidate the performance test.
(5) Large HMIWI facilities with capacity equal to or greater than 2000 lbs/hr
(i) The owner or operator of an affected facility shall ensure that an initial source test is conducted for the following:
(A) Particulate matter;
(B) HCl;
(C) CO;
(D) Cadmium;
(E) Lead;
(F) Hg;
(G) Dioxins/furans; and
(H) Opacity.
(ii) The Department reserves the right to require the owner or operator to conduct further source tests at any time if it is determined to be necessary by the Department after the initial compliance test. In addition to paragraph (b)(5)(i) above, these tests may include:
(A) Arsenic and compounds expressed as arsenic;
(B) Beryllium and compounds expressed as beryllium;
(C) Hexavalent chromium and compounds expressed as chromium;
(D) Nickel and compounds expressed as nickel; and
(E) SO2.
(iii) Following the date on which the initial performance test is completed or is required to be completed, whichever date comes first, the owner or operator of an affected facility shall:
(A) Demonstrate compliance with the opacity limit by conducting an annual performance test (no more than 12 months following the previous performance test) using the applicable procedures and test methods.
(B) Demonstrate compliance with the PM, CO, HCl, and dioxins/furans emission limits by conducting an annual performance test (no more than 12 months following the previous performance test) using the applicable procedures and test methods in accordance with paragraph (a)(3) of this section. If all four performance tests over a three-year period indicate compliance with the emission limit for a pollutant (PM, CO, HCl, or dioxins/furans), the owner or operator may forego a performance test for that pollutant for the subsequent two years. At a minimum, a performance test for PM, CO, HCl, and dioxins/furans shall be conducted every third year (no more than 36 months following the previous performance test). If a performance test conducted every third year indicates compliance with the emission limit for a pollutant (PM, CO, HCl, or dioxins/furans), the owner or operator may forego a performance test for that pollutant for an additional two years. If any performance test indicates noncompliance with the respective emission limit, a performance test for that pollutant shall be conducted annually until all annual performance tests over a three-year period indicate compliance with the emission limit. The use of the bypass stack during a performance test shall invalidate the performance test.
(c) Additional Testing Requirements for New, Existing, and Modified Sources
(1) An owner or operator of a facility using a Continuous Emission Monitoring System (CEMS) to demonstrate compliance with any of the emission limits under Section III of this standard shall:
(i) Determine compliance with the appropriate emission limit(s) using a 12-hour rolling average, calculated each hour as the average of the previous 12 operating hours (not including startup, shutdown, or malfunction).
(ii) Operate all CEMS in accordance with the applicable procedures under Section V of this standard and 40 CFR 60, Appendices B and F.
(2) The owner of an affected facility shall demonstrate to the Department and maintain a combustible carbon content not to exceed six percent (dry basis) in the ash residue (ash and non-combustibles). Such a demonstration shall use the test method outlined in ASTM Method D 3178 "Carbon & Hydrogen Analysis of Coal and Coke," ASTM Method D 5373, or other methods approved by this Department and be performed at least once per year. The Department reserves the right to require more frequent demonstrations when it is determined to be necessary. The Department also reserves the right to alter the frequency of the required demonstrations as a data base is established and the ash quality consistently shows compliance for a specific facility.
(3) The owner or operator of an affected facility equipped with a dry scrubber followed by a fabric filter, a wet scrubber, or a dry scrubber followed by a fabric filter and wet scrubber shall:
(i) Establish the appropriate maximum and minimum operating parameters, indicated in Table IV of this standard for each control system, as site specific operating parameters during the initial performance test to determine compliance with the emission limits; and
(ii) Following the date on which the initial performance test is completed or is required to be completed under this standard, whichever date comes first, the owner or operator shall ensure that the affected facility does not operate above any of the applicable maximum operating parameters or below any of the applicable minimum operating parameters listed in Table IV of this standard and measured as three-hour rolling averages (calculated each hour as the average of the previous three operating hours) at all times except during periods of startup, shutdown and malfunction. Operating parameter limits do not apply during performance tests. Operation above the established maximum or below the established minimum operating parameter(s) shall constitute a violation of established operating parameter(s).
(4) Except as provided in paragraph (c)(7) of this section, for affected facilities equipped with a dry scrubber followed by a fabric filter:
(i) Operation of the affected facility above the maximum charge rate and below the minimum secondary chamber temperature (each measured on a three-hour rolling average) simultaneously shall constitute a violation of the CO emission limit.
(ii) Operation of the affected facility above the maximum fabric filter inlet temperature, above the maximum charge rate, and below the minimum dioxins/furans sorbent flow rate (each measured on a three-hour rolling average) simultaneously shall constitute a violation of the dioxins/furans emission limit.
(iii) Operation of the affected facility above the maximum charge rate and below the minimum HCl sorbent flow rate (each measured on a three-hour rolling average) simultaneously shall constitute a violation of the HCl emission limit.
(iv) Operation of the affected facility above the maximum charge rate and below the minimum Hg sorbent flow rate (each measured on a three-hour rolling average) simultaneously shall constitute a violation of the Hg emission limit.
(v) Use of the bypass stack (except during startup, shutdown, or malfunction) shall constitute a violation of the PM, dioxins/furans, HCl, Pb, Cd and Hg emission limits.
(5) Except as provided in paragraph (c)(7) of this section, for affected facilities equipped with a wet scrubber:
(i) Operation of the affected facility above the maximum charge rate and below the minimum pressure drop across the wet scrubber or below the minimum horsepower or amperage to the system (each measured on a three-hour rolling average) simultaneously shall constitute a violation of the PM emission limit.
(ii) Operation of the affected facility above the maximum charge rate and below the minimum secondary chamber temperature (each measured on a three-hour rolling average) simultaneously shall constitute a violation of the CO emission limit.
(iii) Operation of the affected facility above the maximum charge rate, below the minimum secondary chamber temperature, and below the minimum scrubber liquor flow rate (each measured on a three-hour rolling average) simultaneously shall constitute a violation of the dioxins/furans emission limit.
(iv) Operation of the affected facility above the maximum charge rate and below the minimum scrubber liquor pH (each measured on a three-hour rolling average) simultaneously shall constitute a violation of the HCl emission limit.
(v) Operation of the affected facility above the maximum flue gas temperature and above the maximum charge rate (each measured on a three-hour rolling average) simultaneously shall constitute a violation of the Hg emission limit.
(vi) Use of the bypass stack (except during startup, shutdown, or malfunction) shall constitute a violation of the PM, dioxins/furans, HCl, Pb, Cd and Hg emission limits.
(6) Except as provided in paragraph (c)(7) of this section, for affected facilities equipped with a dry scrubber followed by a fabric filter and a wet scrubber:
(i) Operation of the affected facility above the maximum charge rate and below the minimum secondary chamber temperature (each measured on a three-hour rolling average) simultaneously shall constitute a violation of the CO emission limit.
(ii) Operation of the affected facility above the maximum fabric filter inlet temperature, above the maximum charge rate, and below the minimum dioxins/furans sorbent flow rate (each measured on a three-hour rolling average) simultaneously shall constitute a violation of the dioxins/furans emission limit.
(iii) Operation of the affected facility above the maximum charge rate and below the minimum scrubber liquor pH (each measured on a three-hour rolling average) simultaneously shall constitute a violation of the HCl emission limit.
(iv) Operation of the affected facility above the maximum charge rate and below the minimum Hg sorbent flow rate (each measured on a three-hour rolling average) simultaneously shall constitute a violation of the Hg emission limit.
(v) Use of the bypass stack (except during startup, shutdown, or malfunction) shall constitute a violation of the PM, dioxins/furans, HCl, Pb, Cd and Hg emission limits.
(7) The owner or operator of an affected facility may conduct a repeat performance test within 30 days of violation of applicable operating parameter(s) to demonstrate that the affected facility is not in violation of the applicable emission limit(s). Repeat performance tests conducted pursuant to this paragraph shall be conducted using the identical operating parameters that indicated a violation under paragraph (c)(4), (c)(5), or (c)(6) of this section.
(8) The owner or operator of an affected facility using an air pollution control device other than a dry scrubber followed by a fabric filter, a wet scrubber, or a dry scrubber followed by a fabric filter and a wet scrubber to comply with the emission limits under this standard shall contact the EPA in writing for approval of other site-specific operating parameters to be established during the initial performance test and continuously monitored thereafter. The owner or operator shall not conduct the initial performance test until after the request has been approved by the EPA.
(9) The owner or operator of an affected facility may conduct a repeat performance test at any time, in accordance with the requirements of Regulation 61-62.1, Section IV, Source Test, to establish new values for the operating parameters. The Department may request a repeat performance test at any time.
Section VIII - Recordkeeping and Reporting Requirements.
(a) The owner or operator of an affected facility shall ensure that:
(1) Inspection and maintenance schedules for incinerators are posted or kept on-site at or near the incinerator.
(2) Operating procedures, startup procedures, and shutdown procedures for incinerators are approved by the Department and posted on-site at or near the incinerator.
(b) In addition to an inspection and maintenance plan, the owner or operator shall prepare a plan of action for approval by the Department. The plan of action shall identify the steps and procedures the operator will follow to avoid exceedances of the emission limitations and operating conditions specified in this standard or specific permit conditions. The plan shall include descriptions of startup and shutdown procedures; actions to be taken to correct anomalous operating conditions and training of plant operators.
(c) The owner or operator of an affected facility shall maintain the following information (as applicable) for a period of at least five years:
(1) Calendar date of each record;
(2) Records of the following data:
(i) Concentrations of any pollutant listed in this standard or measurements of opacity as determined by the continuous emission monitoring system (if applicable);
(ii) HMIWI charge dates, times, and weights and hourly charge rates;
(iii) Fabric filter inlet temperatures during each minute of operation, as applicable;
(iv) Amount and type of dioxins/furans sorbent used during each hour of operation, as applicable;
(v) Amount and type of Hg sorbent used during each hour of operation, as applicable;
(vi) Amount and type of HCl sorbent used during each hour of operation, as applicable;
(vii) Secondary chamber temperatures recorded during each minute of operation;
(viii) Liquor flow rate to the wet scrubber inlet during each minute of operation, as applicable;
(ix) Horsepower or amperage to the wet scrubber during each minute of operation, as applicable;
(x) Pressure drop across the wet scrubber system during each minute of operation, as applicable;
(xi) Temperature at the outlet from the wet scrubber during each minute of operation, as applicable;
(xii) pH at the inlet to the wet scrubber during each minute of operation, as applicable;
(xiii) Records indicating use of the bypass stack, including dates, times, and durations; and
(xiv) For affected facilities complying with Section VII(c)(8) and Section V(c)(3) of this standard, the owner or operator shall maintain all operating parameter data collected.
(3) Identification of calendar days for which data on emission rates or operating parameters specified under paragraph (c)(2) of this section have not been obtained, with an identification of the emission rates or operating parameters not measured, reasons for not obtaining the data, and a description of corrective actions taken.
(4) Identification of calendar days, times and durations of malfunctions, a description of the malfunction and the corrective action taken.
(5) Identification of calendar days for which data on emission rates or operating parameters specified under paragraph (c)(2) of this section exceeded the applicable limits, with a description of the exceedances, reasons for such exceedances, and a description of corrective actions taken.
(6) The results of the initial, annual, and any subsequent performance tests conducted to determine compliance with the emission limits and/or to establish operating parameters, as applicable.
(7) Records showing the names of HMIWI operators who have completed review of the information in Section IX(h) as required by Section IX(g) of this standard, including the date of the initial review and all subsequent annual reviews.
(8) Records showing the names of the HMIWI operators who have completed the operator training requirements, including documentation of training and the dates of the training.
(9) Records showing the names of the HMIWI operators who have met the criteria for qualification under Section IX of this standard and the dates of their qualification.
(10) Records of calibration of any monitoring devices as required under Sections V(b), (c), and (d) of this standard.
(d) The owner or operator of an affected facility shall submit the information specified in paragraphs (d)(1) through (d)(3) of this section no later than 30 days following the initial performance test. All reports shall be signed by the facilities manager.
(1) The initial performance test data as recorded under Section VII of this standard, as applicable.
(2) The values for the site-specific operating parameters established pursuant to Section VII of this standard, as applicable.
(3) The waste management plan as specified in Section X of this standard.
(e) The owner or operator of an affected facility shall ensure that an annual report is submitted one year following the submission of the information in paragraph (d) of this section. Subsequent reports shall be submitted no more than 12 months following the previous report (once the unit is subject to permitting requirements under Title V of the Clean Air Act, the owner or operator of an affected facility must submit these reports semi-annually). The annual report shall include the information specified in paragraphs (e)(1) through (e)(8) of this section. All reports shall be signed by the facilities manager.
(1) The values for the site-specific operating parameters established pursuant to Section VII of this standard, as applicable.
(2) The highest maximum operating parameter and the lowest minimum operating parameter, as applicable, for each operating parameter recorded for the calendar year being reported, pursuant to Section VII of this standard, as applicable.
(3) The highest maximum operating parameter and the lowest minimum operating parameter, as applicable for each operating parameter recorded pursuant to Section VII of this standard for the calendar year preceding the year being reported, in order to provide the Department with a summary of the performance of the affected facility over a two-year period.
(4) Any information recorded under paragraphs (c)(3) through (c)(5) of this section for the calendar year being reported.
(5) Any information recorded under paragraphs (c)(3) through (c)(5) of this section for the calendar year preceding the year being reported, in order to provide the Department with a summary of the performance of the affected facility over a two-year period.
(6) If a performance test was conducted during the reporting period, the results of that test.
(7) If no exceedances or malfunctions were reported under paragraphs (c)(3) through (c)(5) of this section for the calendar year being reported, a statement that no exceedances occurred during the reporting period.
(8) Any use of the bypass stack, the duration, reason for malfunction, and corrective action taken.
(f) The owner or operator of an affected facility shall submit semi-annual reports containing any information recorded under paragraphs (c)(3) through (c)(5) of this section no later than 60 days following the reporting period. The first semi-annual reporting period ends six months following the submission of information in paragraph (d) of this section. Subsequent reports shall be submitted no later than six-calendar months following the previous report. All reports shall be signed by the facilities manager.
(g) All records specified under paragraph (c) of this section shall be maintained on-site in either paper copy or computer-readable format, unless an alternative format is approved by the Department.
(h) The owner or operator of each small rural HMIWI subject to the emission limits in Table II of this standard shall:
(1) Maintain records of the annual equipment inspections, any required maintenance, and any repairs not completed within 10 days of an inspection or the time frame established by the Department; and
(2) Submit an annual report containing information recorded under paragraph (h)(1) of this section no later than 60 days following the year in which data were collected. Subsequent reports shall be sent no later than 12 calendar months following the previous report (once the unit is subject to permitting requirements under Title V of the Act, the owner or operator must submit these reports semi-annually). The report shall be signed by the facilities manager.
(i) The owner or operator of an affected facility shall ensure that copies of all records and reports required under this section are available for inspection during normal working hours and copies are furnished within 10-working days after receipt of a written request from the Department.
(j) The owner or operator of an affected facility subject to the monitoring provisions of this standard will be required to report quarterly all exceedances of limits specified in the source's operating permit. All quarterly reports must be postmarked by the 30th day following the end of each calendar quarter.
(k) The owner or operator of an affected facility shall ensure the appropriate Regional Environmental Quality Control Office is notified by telephone immediately following any failure of process equipment, failure of any air pollution control equipment, failure of any monitoring equipment, or a process operational error which results in an increase in emissions above any allowable emission rate. In addition, the owner or operator of an affected facility shall ensure that the Department is notified in writing of the problem and measures taken to correct the problem as expeditiously as possible in accordance with South Carolina Air Pollution Control Regulation 61 62.1, Section II.J.1.c.
Section IX - Operator Training and Qualification Requirements.
(a) No owner or operator of an affected facility shall allow the affected facility to operate at any time unless a fully trained and qualified HMIWI operator is accessible, either at the facility or available within one hour. The trained and qualified HMIWI operator may operate the HMIWI directly or be the direct supervisor of one or more HMIWI operators.
(b) The owner or operator of an affected facility shall ensure that operator training and qualification is obtained through a program approved by the Department and which shall include the requirements contained in paragraphs (c) through (g) of this section.
(c) Training shall be obtained by completing an HMIWI operator training course that includes, at a minimum, the following provisions:
(1) 24 hours of training on the following subjects:
(i) Environmental concerns, including pathogen destruction and types of emissions;
(ii) Basic combustion principles, including products of combustion;
(iii) Operation of the type of incinerator to be used by the operator, including proper startup, waste charging, and shutdown procedures;
(iv) Combustion controls and monitoring;
(v) Operation of air pollution control equipment and factors affecting performance (if applicable);
(vi) Methods to monitor pollutants (continuous emission monitoring systems and monitoring of HMIWI and air pollution control device operating parameters) and equipment calibration procedures (where applicable);
(vii) Inspection and maintenance of the HMIWI, air pollution control devices, and continuous emission monitoring systems;
(viii) Actions to correct malfunctions or conditions that may lead to malfunction;
(ix) Bottom and fly ash characteristics and handling procedures;
(x) Applicable federal, state, and local regulations;
(xi) Work safety procedures;
(xii) Pre-startup inspections; and
(xiii) Recordkeeping requirements.
(2) An examination designed and administered by the instructor.
(3) Reference material distributed to the attendees covering the course topics.
(d) Qualification shall be obtained by:
(1) Completion of a training course that satisfies the criteria under paragraph (c) of this section; and
(2) Either six months experience as an HMIWI operator, six months experience as a direct supervisor of an HMIWI operator, or completion of at least two burn cycles under the observation of two qualified HMIWI operators.
(e) Qualification is valid from the date on which the examination is passed or the completion of the required experience, whichever is later.
(f) To maintain qualification, the trained and qualified HMIWI operator shall complete and pass an annual review or refresher course of at least four hours covering, at a minimum, the following:
(1) Update of regulations;
(2) Incinerator operation, including startup and shutdown procedures;
(3) Inspection and maintenance;
(4) Responses to malfunctions or conditions that may lead to malfunction; and
(5) Discussion of operating problems encountered by attendees.
(g) A lapsed qualification shall be renewed by one of the following methods:
(1) For a lapse of less than three years, the HMIWI operator shall complete and pass a standard annual refresher course described in paragraph (f) of this section.
(2) For a lapse of three years or more, the HMIWI operator shall complete and pass a training course with the minimum criteria described in paragraph (c) of this section.
(h) The owner or operator of an affected facility shall maintain documentation at the facility that addresses the following:
(1) Summary of the applicable requirements under this standard;
(2) Description of basic combustion theory applicable to an HMIWI;
(3) Procedures for receiving, handling, and charging waste;
(4) HMIWI startup, shutdown, and malfunction procedures;
(5) Procedures for maintaining proper combustion air supply levels;
(6) Procedures for operating the HMIWI and associated air pollution control systems within the requirements established under this standard;
(7) Procedures for responding to periodic malfunction or conditions that may lead to malfunction;
(8) Procedures for monitoring HMIWI emissions;
(9) Reporting and recordkeeping procedures; and
(10) Procedures for handling ash.
(i) The owner or operator of an affected facility shall establish a program for reviewing the information listed in paragraph (h) of this section annually with each HMIWI operator.
(1) The initial review of the information listed in paragraph (h) of this section shall be conducted within six months after the effective date of this subpart or prior to assumption of responsibilities affecting HMIWI operation, whichever date is later.
(2) Subsequent reviews of the information listed in paragraph (h) of this section shall be conducted annually.
(j) The information listed in paragraph (h) of this section shall be kept in a readily accessible location for all HMIWI operators. This information, along with records of training shall be available for inspection by the Department.
Section X - Waste Management Plan.
The owner or operator of an affected facility shall prepare a waste management plan. The waste management plan shall identify both the feasibility and the approach to separate certain components of solid waste from the health care waste stream in order to reduce the amount of toxic emissions from incinerated waste. A waste management plan may include, but is not limited to, elements such as paper, cardboard, plastics, glass, battery, or metal recycling; or purchasing recycled or recyclable products. A waste management plan may include different goals or approaches for different areas or departments of the facility and need not include new waste management goals for every waste stream. It should identify, where possible, reasonably available additional waste management measures, taking into account the effectiveness of waste management measures already in place, the costs of additional measures, the emission reductions expected to be achieved, and any other environmental or energy impacts they might have. The American Hospital Association publication entitled "An Ounce of Prevention: Waste Reduction Strategies for Health Care Facilities" (incorporated by reference, see 40 CFR 60.17, September 15, 1997), shall be considered in the development of the waste management plan.
Section XI - Inspection Guidelines.
(a) The owner or operator of an affected facility shall ensure that the HMIWI has an initial equipment inspection performed within one year of the effective date of this standard. The inspection shall not relieve the owner or operator from any detected violations.
(1) At a minimum, an inspection shall include the following:
(i) Inspect all burners, pilot assemblies, and pilot sensing devices for proper operation; clean pilot flame sensor, as necessary;
(ii) Ensure proper adjustment of primary and secondary chamber combustion air, and adjust as necessary;
(iii) Inspect hinges and door latches and lubricate as necessary;
(iv) Inspect dampers, fans, and blowers for proper operation;
(v) Inspect HMIWI door and door gaskets for proper sealing;
(vi) Inspect motors for proper operation;
(vii) Inspect primary chamber refractory lining; clean and repair/replace lining as necessary;
(viii) Inspect incinerator shell for corrosion and/or hot spots;
(ix) Inspect secondary/tertiary chamber and stack, clean as necessary;
(x) Inspect mechanical loader, including limit switches, for proper operation, if applicable;
(xi) Visually inspect waste bed (grates), and repair/seal, as appropriate;
(xii) For the burn cycle that follows the inspection, document that the incinerator is operating properly and make any necessary adjustments;
(xiii) Inspect air pollution control device(s) for proper operation, if applicable;
(xiv) Inspect waste heat boiler systems to ensure proper operation, if applicable;
(xv) Inspect bypass stack components;
(xvi) Ensure proper calibration of thermocouples, sorbent feed systems and any other monitoring equipment; and
(xvii) Generally observe that the equipment is maintained in good operating condition.
(2) Within 10-operating days following an equipment inspection, the owner or operator of an affected facility shall ensure that all necessary repairs shall be completed. In order to exceed the 10 days, the owner or operator must justify the extension and obtain written approval from the Department establishing a date whereby all necessary repairs of the designated facility shall be completed.
(b) The owner or operator of an affected facility shall ensure that the HMIWI has an equipment inspection performed annually (no more than 12 months following the previous annual equipment inspection), as outlined in paragraphs (a)(1) and (a)(2) of this section.
Appendix A
Toxic Equivalency Factors
Dioxins/Furans Congener
Toxic Equivalency Factor
2,3,7,8-tetrachlorinated dibenzo-p-dioxin
1
1,2,3,7,8-pentachlorinated dibenzo-p-dioxin
0.5
1,2,3,4,7,8-hexachlorinated dibenzo-p-dioxin
0.1
1,2,3,7,8,9-hexachlorinated dibenzo-p-dioxin
0.1
1,2,3,6,7,8-hexachlorinated dibenzo-p-dioxin
0.1
1,2,3,4,6,7,8-heptachlorinated dibenzo-p-dioxin
0.01
Octachlorinated dibenzo-p-dioxin
0.001
2,3,7,8-tetrachlorinated dibenzofuran
0.1
2,3,4,7,8-pentachlorinated dibenzofuran
0.5
1,2,3,7,8-pentachlorinated dibenzofuran
0.05
1,2,3,4,7,8-hexachlorinated dibenzofuran
0.1
1,2,3,6,7,8-hexachlorinated dibenzofuran
0.1
1,2,3,7,8,9-hexachlorinated dibenzofuran
0.1
2,3,4,6,7,8-hexachlorinated dibenzofuran
0.1
1,2,3,4,6,7,8-heptachlorinated dibenzofuran
0.01
1,2,3,4,7,8,9-heptachlorinated dibenzofuran
0.01
Octachlorinated dibenzofuran
0.001
Appendix B
Residence Time Calculation Guidance
The review of all incinerators shall include verification of the residence time stated on the application. This guidance shall be followed to assure that these calculations are handled in a uniform manner.
STEP 1. Estimate the total heat input to the system:
Total system heat input (Btu/hr) = [Maximum waste firing rate (lbs/hr) x Maximum heating value (Btu/lb)] + Average primary burner heat input + Average secondary burner input.
NOTE: Use the average burner inputs required after the onset of waste burning.
Use a waste heating value of 8,500 Btu/lb.
STEP 2. Estimate the system heat loss (prior to heat recovery):
System heat loss = Shell loss + Sensible heat in ash + Sensible heat in unburned carbon + Latent heat. The heat loss may be assumed to be 20 percent of total heat input.
STEP 3. Calculate the net heat available (Q) to raise the temperature of the products of combustion: Q (Btu/hr) = (Total system heat input) - (System heat loss).
STEP 4. Calculate the weight of product of combustion (M):
M = Q/ {Cp x (To - Ti)}
Cp = Average specific heat (Btu/lb degrees F), assume a value of 0.28.
To = Exit temperature (degrees F), use the design temperature of 2000 degrees F as To.
Ti = Ambient air temperature (degrees F), assume the ambient temperature to be 70 degrees F.
STEP 5. Calculate the volume of product of combustion (F):
F (scfs) =
M
d x 60 x 60
d (lb/ft3) = Density of exhaust gases at 70 degrees F, use a value of 0.075.
Fl (acfs) =
F x
(To + 460)
530
Fl design temperature =
F x
2460
530
scfs = standard cubic feet per second
acfs = actual cubic feet per second
STEP 6. Calculate the volume of secondary chamber.
STEP 7. Residence time =
chamber volume
Fl
For a minimum 1 second (sec) secondary chamber residence time and design temperature 2000 degrees F,
Secondary chamber volume
m = > 1
F1
APPENDIX C
Deleted by State Register Volume 24, Issue No. 5, eff May 26, 2000.
HISTORY: Amended by State Register Volume 36, Issue No. 12, eff December 28, 2012 (errata); State Register Volume 37, Issue No. 12, eff December 27, 2013; State Register Volume 40, Issue No. 9, Doc. No. 4650, eff September 23, 2016.
Editor's Note
Scrivener errors corrected in 2012.
Scrivener's error corrected in 2017, adding "and" at the end of Section VII(b)(2)(ii)(C).
STANDARD NO. 4 EMISSIONS FROM PROCESS INDUSTRIES
SECTION I-GENERAL
A. The method which is approved by the Department for determining compliance with opacity limitations under this standard is Environmental Protection Agency (EPA) Reference Method 9 (40 Code of Federal Regulations (CFR) 60, Appendix A, as revised July 1, 1984). Alternate methods may be utilized only if approved in advance by the Department and by the EPA.
B. This standard will not supersede any requirements imposed by Federal New Source Performance Standards (NSPS), National Emission Standards for Hazardous Air Pollutants (NESHAP), Federal or State Prevention of Significant Deterioration (PSD) Regulations, nor special permit conditions, unless this standard would impose a more restrictive emission limit.
SECTION II-SULFURIC ACID MANUFACTURING
A. The rate of emission of sulfur dioxide (SO2) from sulfuric acid manufacturing shall be limited to no more than four (4) pounds of SO2 per ton of 100 percent sulfuric acid produced and emissions of acid mist to 0.5 pounds of sulfuric acid per ton of 100 percent acid produced.
B. The maximum allowable stack outlet opacity from any source under this category is twenty (20) percent.
SECTION III-KRAFT PULP AND PAPER MANUFACTURING
The opacity from kraft pulp and paper manufacturing shall be limited to the following:
Maximum Allowable Stack Opacity
Recovery Furnace
40 percent
Dissolving Tank
20 percent
Lime Kiln
20 percent
SECTION IV-[RESERVED]
SECTION V - COTTON GINS
A. Definitions
1. 1D-3D cyclone - Any cyclone-type collector of the 1D-3D configuration. This designation refers to the ratio of the cylinder to cone length, where D is the diameter of the cylinder portion. A 1D-3D cyclone has a cylinder length of 1xD and a cone length of 3xD.
2. 2D-2D cyclone - Any cyclone-type collector of the 2D-2D configuration. This designation refers to the ratio of the cylinder to cone length, where D is the diameter of the cylinder portion. A 2D-2D cyclone has a cylinder length of 2xD and a cone length of 2xD.
3. Bale - A compressed package of cotton lint weighing nominally 500 pounds.
4. Gin yard - The land upon which a cotton gin is located and all contiguous land having common ownership or use.
5. Ginning operation - Any facility or plant that separates cotton lint from cotton seed. This process typically includes cleaning (removing plant material, dirt, and other foreign matter) and packaging the lint into bales.
6. Ginning season - The period of time during which the gin is in operation; usually between (but not limited to) September of the current year and January of the following year.
7. High pressure exhausts - The exhaust air systems at a cotton gin preceding the gin stand (including unloading, drying, extracting, cleaning, and overflow handling systems) in which material is conveyed by a higher pressure air and is typically controlled by cyclones.
8. Low pressure exhausts - The exhaust air systems at a cotton gin following the gin stand (including lint cotton cleaning and battery formation process) in which material is conveyed by low pressure air and is typically controlled by condensers.
9. Removal efficiency - Percent of total particulate matter removed from the gas stream between a cyclone's inlet and outlet.
B. Applicability
1. This rule applies to all existing, new, and modified cotton ginning operations in South Carolina. These facilities will be subject to registration permit conditions as specified in Regulation 61-62.1, Section II.I.
2. Existing facilities with a maximum gin stand rated capacity (or documented equipment limitation) of less than twenty (20) bales per hour that do not have cyclones on lint cleaning system exhausts and battery condenser exhausts as of promulgation date of this rule, will not be required to add the emission control devices in paragraph C.2 below to lint cleaning exhausts or battery condenser exhausts if emissions from these exhausts are controlled by fine mesh screens.
C. Emission Control Requirements
1. New facilities will be required to apply for a registration permit before commencement of construction. Existing facilities will be required to apply for a registration permit within ninety (90) days of the promulgation date of this rule. Until such time that a registration permit is issued by the Department, existing cotton ginning operations should operate with existing permits.
2. Each cotton ginning operation shall install and operate a particulate emission control system on all high and low pressure exhausts and lint cleaning system exhausts that includes one (1) or more 1D-3D or 2D-2D cyclones meeting the cylinder diameter requirements to produce a 3.5 to 6.0 or 3.0 to 5.5 inches of water pressure drop (respectively) as illustrated in Figure 6-20 and 6-21 of the Agricultural Handbook Number 503, Cotton Ginners Handbook, dated December 1994. Existing facilities shall comply with these control equipment requirements by August 31, 2012.
3. Air pollutant emissions shall not exceed twenty (20) percent opacity.
4. Stacks shall not be equipped with raincaps or other devices that deflect the emissions downward or outward.
5. Trash stacker areas shall contain one (1) of the following:
a. A three (3) sided enclosure with a roof whose sides are high enough above the opening of the dumping device to prevent wind from dispersing dust or debris; or
b. A device to provide wet suppression at the dump area of the trash cyclone and minimize free fall distance of waste material exiting the trash cyclone.
6. The owner or operator shall ensure that all trucks transporting gin trash material are covered and that the trucks are cleaned of over-spill material before trucks leave the trash hopper dump area.
7. Reasonable precautions should be taken when operating or maintaining storage piles, materials, equipment, or vehicles in order to prevent any substance from being scattered by the wind or air in order to prevent fugitive dust emissions in accordance with Regulation 61-62.6, Section II.
D. Alternative Control Measures
1. The owner or operator of a cotton ginning operation may petition the Department to use alternative control measures to those specified in this rule. The petition shall include:
a. The name and address of the petitioner;
b. The location and description of the cotton ginning operation;
c. A description of the alternative control measure; and
d. A demonstration that the alternative control measure is at least as effective as the control device or method specified in this rule.
2. Once approved, repairs and maintenance of such devices will not require notification to the Department.
E. Monitoring
1. To ensure that the minimum required removal efficiency is maintained, the owner or operator shall establish, based on manufacturer's recommendations or industry standards, an inspection and maintenance schedule for the control devices, other emission processing equipment, and monitoring devices that are used pursuant to this rule. The inspection and maintenance schedule shall be followed throughout the ginning season. The results of the inspections and any maintenance performed on the control equipment, emission processing equipment, or monitoring devices shall be documented in an on-site logbook and made available to the Department upon request. The owner or operator should keep a copy of the manufacturer's specifications for each type of control device installed.
2. On a weekly basis, the owner or operator shall measure and calculate the pressure drops across all cyclones. Measurements shall be made using a manometer, a Magnahelic(r) gauge, or other device that the Department has approved as being equivalent to a manometer. These measurements should be recorded in the logbook referred to in paragraph E.1 above. If the owner or operator measures a static pressure out of the range indicated in paragraph C.2 above, the owner or operator shall initiate corrective action. Corrective action shall be recorded in the logbook. If corrective action will take more than forty-eight (48) hours to complete, the owner or operator shall notify the Department no later than the end of the day such static pressure is measured.
3. During the ginning season, the owner or operator shall weekly inspect for structural integrity of the control devices and other emissions processing systems and shall ensure that the control devices and emission processing systems conform to normal and proper operation of the gin. Fine mesh screens should be inspected daily throughout the ginning season and any clogs should be removed. If a problem is found, corrective action shall be taken and recorded in the logbook required in paragraph E.1 above.
4. If control devices are repaired or replaced with equivalent control equipment, the facility must maintain on-site documentation showing compliance with the conditions specified in Section V.C of this standard or previously allowed for under Section V.D of this standard.
5. The owner or operator shall retain all records required by this rule for three (3) years from the date of recording.
SECTION VI-HOT MIX ASPHALT MANUFACTURING
A. The rate of emissions of particulate matter from hot mix asphalt manufacturing shall be limited to the following:
Production Rate (Tons Per Hour)
Maximum Allowable Emission Rate (Pounds Per Hour)
20
22
50
31
100
38
150
45
200
51
250
56
300
61
350 and above
65
B. All hot mix asphalt plants shall be equipped with a fugitive dust and/or fugitive emissions control system which shall be operated and maintained in such a manner as to reduce to a minimum the emissions of particulate matter from any point other than the stack outlet.
C. The maximum allowable stack opacity from hot mix asphalt manufacturing shall be twenty (20) percent.
SECTION VII-METAL REFINING
The maximum allowable opacity from any furnace building and/or operations building (including but not limited to pollution control systems, louvers, doors, openings, etc.) shall be twenty (20) percent.
SECTION VIII-OTHER MANUFACTURING
A. Particulate matter emissions where not specified elsewhere shall be limited to the rate specified in Table A (modified using the effect factors (F) of Table B as required). Kraft Pulp and Paper Manufacturing facilities are excluded from Section VIII.
B. Interpolation of the data in Table A for process weights up to thirty (30) tons per hour shall be accomplished by use of the equation:
E = (F) 4.10 P0.67
and interpolation and extrapolation of the data for process weight rates greater than thirty (30) tons per hour shall be accomplished by using the equation:
E = (F) (55.0 P0.11 - 40)
Where:
E = the allowable emission rate in pounds per hour
P = process weight rate in tons per hour
F = effect factor from Table B
TABLE A
Allowable Rate of Emission Based on Process Weight Rate*
Process Weight Rate (Tons/Hour)
Rate of Emission (Pounds/Hour)
Process Weight Rate (Tons/Hour)
Rate of Emission (Pounds/Hour)
0.05
0.551
8
16.5
0.10
0.877
9
17.9
0.20
1.40
10
19.2
0.30
1.83
15
25.2
0.40
2.22
20
30.5
0.50
2.58
25
35.4
0.75
3.38
30
40.0
1.00
4.10
35
41.3
1.25
4.75
40
42.5
1.50
5.38
45
43.6
1.75
5.96
50
44.6
2.00
6.52
60
46.3
2.50
7.58
70
47.8
3.00
8.56
80
49.0
3.50
9.49
100
51.2
4.00
10.4
500
69.0
4.50
11.2
1000
77.6
5.00
12.0
3000
92.7
TABLE B
Effect Factor for Particulate Matter Emissions**
(To Be Used with Standard 4 - Section VIII)
Material
Effect Factor (F)
a. All materials not specifically listed hereunder
1.0
b. Elements and their compounds on the basis of the element contained
therein***
none assigned
c. Specific Materials: Acid Mists
0.25
*Please note that certain small operations may not require a permit (see exemptions under Regulation 62.1, Section II).
**The Board will make additions to this table as required from time to time to preserve public health and property in South Carolina.
***When a material contains two (2) or more elements, the effect factor of the element having the lowest effect factor shall apply.
SECTION IX-VISIBLE EMISSIONS (WHERE NOT SPECIFIED ELSEWHERE)
A. Where construction or modification began on or before December 31, 1985, emissions (including fugitive emissions) shall not exhibit an opacity greater than forty (40) percent.
B. Where construction or modification began after December 31, 1985, emissions (including fugitive emissions) shall not exhibit an opacity greater than twenty (20) percent.
SECTION X-NON-ENCLOSED OPERATIONS
A. All non-enclosed operations shall be conducted in such a manner that a minimum of particulate matter becomes airborne. In no case shall established ambient air quality standards be exceeded at or beyond the property line.
B. The owner or operator of all such operations shall maintain dust control of the premises and any roadway owned or controlled by the owner or operator by paving or other suitable measures. Oil treatment is prohibited.
C. All crushing, drying, classification, and like operations shall employ a suitable control device acceptable to the Department, and shall discharge no more particulate matter than that specified in Section VIII of this standard.
SECTION XI-TOTAL REDUCED SULFUR (TRS) EMISSIONS OF KRAFT PULP MILLS
A. Applicability and Designation of Affected Sources
1. The provisions of this subpart are applicable to the following affected sources in kraft pulp mills which commenced construction prior to September 24, 1976: digester system, brown stock washer system, multiple-effect evaporator system, black liquor oxidation system, recovery furnace, smelt dissolving tank, lime kiln, and condensate stripper system.
2. The effective date of this section is February 22, 1980.
B. Total Reduced Sulfur (TRS) Emission Standards
The rate of TRS emissions from existing kraft pulp mills shall be limited to the following:
Maximum Allowable Emission of TRS as Hydrogen Sulfide (H2S) by Dry Volume, Averaged Over Twelve (12) Hours
Recovery Furnace
Cross Recovery Furnaces
25 ppm (corrected to 8 percent oxygen)
Old Design Furnaces1
20 ppm (corrected to 8 percent oxygen)
New Design Furnaces2
5 ppm (corrected to 8 percent oxygen)
Digester System
5 ppm
Multiple-Effect Evaporator System
5 ppm
Lime Kiln
20 ppm (corrected to 10 percent oxygen)
Brown Stock Washer System
no control
Black Liquor Oxidation System
no control
Condensate Stripper System
5 ppm
Smelt Dissolving Tank
0.016 gram per kilogram (g/kg) BLS3
1Old design furnaces are defined as furnaces without welded wall or membrane wall construction or emission control designed air systems.
2New design furnaces are defined as furnaces with either welded wall or membrane wall construction and also with emission control designed air systems.
3Black liquor solids (dry weights).
C. Case-by-Case Exceptions to Provisions of Section XI.B Above
1. If the owner or operator of a source of TRS compounds regulated by this standard can demonstrate that compliance with applicable portions of Section XI.B would not be economically feasible, the Department may, on a case-by-case basis, allow emission limitations less stringent than those required by applicable parts of Section XI.B. All data pertinent to the showing of economic infeasibility must accompany a petition for this relief, and shall include a present value analysis showing economic infeasibility.
2. Exceptions granted under this part are not effective until submitted to and approved by the Administrator as a revision of the Implementation Plan for Control of Designated Pollutants, pursuant to Section 111(d) of the Clean Air Act as amended November 1990.
D. Monitoring, Recordkeeping, and Reporting
1. The owner/operator shall:
a. Calibrate, maintain, and operate continuous monitoring equipment to monitor and record the concentration of TRS emissions on a dry basis and the percent of oxygen by volume on a dry basis in the gases discharged into the atmosphere from any lime kiln, recovery furnace, digester system, multiple-effect evaporator system, or condensate stripper system, except where these gases are subjected to a minimum temperature of 1200 degrees Fahrenheit (F) for at least 0.5 seconds in an incinerator or other device which does not generate TRS. The location of each monitoring system must be approved by the Department.
b. Install, calibrate, maintain, and operate a monitoring device which measures the combustion temperature at the point of incineration of effluent gases which are emitted from any lime kiln, recovery furnace, digester system, multiple-effect evaporator system, or condensate stripper system unless TRS monitors are required in paragraph D.1.a above. The monitoring device is to be certified by the manufacturer to be accurate within plus or minus one (1) percent of the temperature being measured.
c. Calibrate, maintain, and operate continuous monitoring equipment for any smelt dissolving tank.
(i) For the continuous measurement of the pressure loss of the gas stream through the control equipment. The monitoring device is to be certified by the manufacturer to be accurate to within a gauge pressure of plus or minus two (2) inches water.
(ii) For the continuous measurement of the scrubbing liquid supply pressure to the control equipment. The monitoring device is to be certified by the manufacturer to be accurate within plus or minus fifteen (15) percent of design scrubbing liquid supply pressure. The pressure sensor or tap is to be located close to the scrubber liquid discharge point. The Department may be consulted for approval of alternative locations.
d.(i) Continuously monitored operating and/or stack parameters may be used as substitutes for TRS monitors provided that it is demonstrated to the satisfaction of the Department that a correlation exists between the monitored parameter and TRS concentration and the other requirements in paragraph D.1 above are fulfilled.
(ii) Alternative equivalent methods of monitoring must be approved by the Department and EPA.
2. Any owner or operator subject to the provisions of this section shall:
a. Calculate and record on a daily basis 12-hour average TRS concentrations for the two (2) consecutive periods of each operating day. Each 12-hour average shall be determined as the arithmetic mean of the appropriate twelve (12) contiguous 1-hour average TRS concentrations provided by each continuous monitoring system installed under paragraph D.1.a above.
b. Calculate and record on a daily basis 12-hour average oxygen concentrations for the two (2) consecutive periods of each operating day for the recovery furnace and lime kiln. These 12-hour averages shall correspond to the 12-hour average TRS concentrations under paragraph D.2.a above and shall be determined as an arithmetic mean of the appropriate twelve (12) contiguous 1-hour average oxygen concentrations provided by each continuous monitoring system installed under paragraph D.1.a above.
c. Correct all 12-hour average TRS concentrations to ten (10) volume percent oxygen, except that all 12-hour average TRS concentrations from a recovery furnace shall be corrected to eight (8) volume percent using the following equation:
Ccorr = Cuncorr x(21-X/21-Y)
where:
Ccorr
=
the concentration corrected for oxygen
Cuncorr
=
the concentration uncorrected for oxygen
X
=
the volumetric oxygen concentration percentage to be corrected to eight (8) percent for recovery furnaces and ten (10) percent for lime kilns, incinerators, or other devices
Y
=
the measured 12-hour average volumetric oxygen concentration
3. Each owner or operator required to install a continuous monitoring system shall submit a written report of excess emissions (as defined in applicable subparts) to the Department for every semi-annual period unless specified on a more frequent cycle by the Department. All semi-annual reports shall be postmarked by the 30th day following the end of each semi-annual period and shall include the following information:
a. For emissions from any recovery furnace, periods of excess emissions are all 12-hour average TRS concentrations above twenty (20) parts per million by volume (ppmv) for old design recovery furnaces, five (5) ppmv for new design recovery furnaces, and above twenty-five (25) ppmv for cross recovery furnaces;
b. For emissions from any lime kiln, periods of excess emissions are all 12-hour average TRS concentrations above twenty (20) ppmv;
c. For emissions from any digester system, multiple-effect evaporator system, or condensate stripper system, periods of excess emissions are:
(i) All 12-hour average TRS concentrations above five (5) ppmv unless the provisions of paragraph D.1.a above apply; or
(ii) All periods in excess of five (5) minutes and their duration during which the combustion temperature is less than 1200 degrees F if the gases are combusted in an incinerator or other device which does not generate TRS.
SECTION XII-PERIODIC TESTING-PARTICULATE MATTER EMISSIONS AND/OR SULFUR DIOXIDE (SO2)
An owner or operator of a source listed below shall perform scheduled periodic tests for particulate matter emissions and/or SO2 every two (2) years except as noted, or on a schedule as stipulated by special permit conditions, and shall ensure that source tests are conducted in accordance with Regulation 61-62.1, Section IV, Source Tests.
A. Rotary kilns, clinker coolers, and rotary dryers of Portland Cement plants.
B. Sulfuric acid plants.
C. Metallurgical furnaces greater than ten (10) tons per hour normal output.
D. Asphalt plants. Asphalt plants that have a baghouse operating in a satisfactory manner with sufficiently low visible emissions may be exempted at the discretion of the Department. Asphalt plants will be required to produce "surface mix" during compliance source testing. "Surface mix" is hot laid asphaltic concrete surface courses (except sand asphalt surface mix) as defined in Section 403 of the 1986 edition of the South Carolina State Highway Department's "Standard Specifications for Highway Construction" manual. The Department may, at its discretion, waive this requirement if sufficient evidence indicates that less than twenty-five (25) percent of the plant's total annual production is surface mix.
E. Fertilizer plants.
F. Any other sources which are deemed necessary.
SECTION XIII-[RESERVED]
HISTORY: Amended by State Register Volume 36, Issue No. 12, eff December 28, 2012 (errata); State Register Volume 37, Issue No. 4, eff April 26, 2013; State Register Volume 38, Issue No. 6, Doc. No. 4388, eff June 27, 2014; State Register Volume 40, Issue No. 6, Doc. No. 4590, eff June 24, 2016; State Register Volume 40, Issue No. 9, Doc. No. 4650, eff September 23, 2016.
Editor's Note
Scrivener's error corrected in 2017, deleting duplicate subscript "2" in Section XII.
STANDARD NO. 5 VOLATILE ORGANIC COMPOUNDS
SECTION I-GENERAL PROVISIONS
Part A. Definitions. Unless specifically defined elsewhere in this Standard, the definitions below and those contained in the South Carolina Pollution Control Act and Regulation 62.1, Section I will apply to this Standard.
1. "Air dried coatings" means coatings which are dried by the use of air at temperatures up to 90 degrees Celsius (C) (194 degrees Fahrenheit (F)).
2. "Air/vapor interface" means the combined areas of the entrance and exit openings of a conveyorized degreaser.
3. "Bead dipping" means the dipping of an assembled tire bead into a solvent based cement.
4. "Bulk gasoline terminal" means a gasoline storage plant which receives gasoline from refineries primarily by pipeline, ship, or barge, and delivers gasoline to bulk plants or to commercial or retail accounts primarily by tank truck, and has a daily throughput of more than 20,000 gallons (gal)(76,000 liters(L)) of gasoline.
5. "Capture system" means the equipment (including hoods, ducts, fans, etc.) used to contain, capture, or transport a pollutant to a control device.
6. "Class II hardboard paneling finish" means a finish which meets the specifications of Voluntary Product Standard PS-59-73 as approved by the American National Standards Institute.
7. "Clear coat" is a coating which lacks color and opacity or is transparent and uses the under coat as a reflectant base or undertone color.
8. "Coating application system" means all operations and equipment which apply, convey, and dry a surface coating, including, but not limited to, spray booths, flow coaters, conveyers, flashoff areas, air dryers, and ovens.
9. "Coil coating" means the coating of any flat metal sheet or strip that comes in rolls or coils. This includes protective, decorative, and functional coatings.
10. "Cold cleaning" means the batch process of cleaning and removing soils from metal surfaces by spraying, brushing, flushing, or immersion while maintaining the solvent below its boiling point. Wipe cleaning is not included in this definition.
11. "Condenser" means a device which cools a gas stream to a temperature which removes specific organic compounds by condensation.
12. "Construction" means onsite fabrication, erection, or installation of an emission source, air pollution control equipment, or a plant.
13. "Control device" means equipment (incinerator, adsorber, or the like) used to destroy, contain, or remove air pollutant(s) prior to discharge.
14. "Control system" means any number of control devices and associated equipment designed and operated to reduce the quantity of Volatile Organic Compound (VOC) emitted.
15. "Conveyorized degreasing" means the continuous process of cleaning metal surfaces using either cold or vaporized solvents.
16. "Cutback asphalt" means asphalt cement which has been liquefied by blending with petroleum solvents (diluents).
17. "Emission" means the release or discharge, directly or indirectly, of any air pollutant from any source.
18. "Existing process" means any process described in any Part of Section II of this Standard which was in existence or under construction on the effective date of that Part.
July 1, 1979 is the effective date for Parts A, B, C, D, E, N, O, S and T. July 1, 1980 is the effective date for Parts F, G, H, P, Q and R.
19. "External floating roof" means a storage vessel cover in an open top tank consisting of a double deck or pontoon single deck which rests upon and is supported by the petroleum liquid being contained and is equipped with a closure seal or seals to close the space between the roof and tank shell.
20. "Extreme environmental conditions" means constant exposure to the weather, exposure to temperatures consistently above 95 degrees C, detergents, scouring, solvents, corrosive atmospheres, or similar environmental conditions.
21. "Extreme performance coatings" means coatings designed for harsh exposure or extreme environmental conditions.
22. "Fabric coating" includes all types of coatings applied to fabric including protective, decorative, and functional coatings.
23. "Flat wood paneling" includes wood construction products made of plywood, particle wood, and hardboard for interior paneling. Not included are tileboard or particleboard used as a furniture component, or exterior siding.
24. "Flexographic printing" means the application of words, designs, and pictures to a substrate by means of a roll printing technique in which the pattern to be applied is raised above the printing roll and the image carrier is made of rubber or other rubber-like synthetic materials.
25. "Freeboard height" means the distance from the top of the vapor zone to the top of the degreaser tank.
26. "Freeboard ratio" means the freeboard height divided by the width of the degreaser.
27. "Functional coating" means a coating that serves a purpose beyond decoration or protection of the substrate being coated. An example of functional coatings could include a layer of light sensitive coating which helps form the photographic image on photographic film. Also, the camouflaging outercoat used by the army on its vehicles is a functional coating.
28. "Gasoline" means a petroleum distillate having a Reid vapor pressure of 4 pounds per square inch (psi) (27.6 kilopascal (kPa)) or greater that is used as fuel for internal combustion engines.
29. "Gasoline tank truck" means tank truck (or trailer equipped with a storage tank) used for the transport of gasoline to or from bulk gasoline terminals.
30. "Green tires" means assembled tires before molding and curing.
31. "Green tire spraying" means the spraying of green tires, both inside and outside, with release compounds which help remove air from the tire during molding and which prevent the tire from sticking to the mold after curing.
32. "Hardboard" means a panel manufactured primarily from inter-elted lingo-cellulosic fibers which are consolidated under heat and pressure in a hot press.
33. "Hardwood plywood" means plywood whose surface layer is a veneer of hardwood.
34. "Heavy coverage" means thick or large areas of a given color.
35. "Internal floating roof" means a cover or roof in a fixed roof tank which rests upon or is floated upon the petroleum liquid being contained, and which is equipped with a closure seal or seals to close the space between the roof edge and tank shell.
36. "Large appliances" means doors, cases, lids, panels and interior support parts of residential and commercial washers, dryers, ranges, refrigerators, freezers, water heaters, dishwashers, trash compactors, air conditioners, and other similar products.
37. "Light coverage" means thin or small areas of a given color.
38. "Liquid-mounted seal" means a primary seal mounted in continuous contact with the liquid between the tank wall and the floating roof around the circumference of the tank.
39. "Low solvent coatings" means coatings which emit organic solvent in amounts equal to or less than that required by the Standard in specified applications.
40. "Magnet wire coating" means the process of applying a coating of electrically insulating varnish or enamel to aluminum or copper wire used in electrical machinery. This includes protective, decorative, and functional coatings.
41. "Manufacture of pneumatic rubber tires" means the production of passenger car tires, light and medium truck tires, and other tires manufactured on assembly lines using automated equipment.
42. "Metal furniture" includes any furniture made of metal or any metal part which will be assembled with other metal, wood, fabric, plastic, or glass parts to form a furniture piece.
43. "Natural finish hardwood plywood panels" means panels whose original grain pattern is enhanced by essentially transparent finishes frequently supplemented with fillers and toner.
44. "Nonattainment county" means a county which is determined by the Department to exceed any National Ambient Air Quality Standard.
45. "Non-designated county" means any county which has neither been exempted in Section I. Part B nor listed as a nonattainment county.
46. "Open top vapor degreasing" means the batch process of cleaning metal surfaces by condensing hot solvent vapor on the colder metal parts.
47. "Organic material" means a chemical compound of carbon excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate.
48. "Oven" means a heated chamber used to bake, cure, polymerize, and/or dry a surface coating.
49. "Overall emission reduction efficiency" means the weight (per unit of time) of VOC removed by a control device divided by the weight (per identical unit of time) of VOC emissions generated by a source, expressed as a percentage.
50. "Owner or operator" means any person who owns, leases, controls, operates, or supervises a plant, emission source, or air pollution control equipment.
51. "Packaging rotogravure printing" means rotogravure printing upon paper, paper board, metal foil, plastic film, and other substrates, which are, in subsequent operations, formed into containers and/or labels for articles to be sold.
52. "Paper coating" means a coating put on paper and pressure sensitive tapes regardless of substrate. Related web coating processes on plastic film, decorative coatings on metal foil, and functional coatings are included in this definition.
53. "Passenger type tire" means agricultural, airplane, industrial, mobile home, light and medium duty truck, and passenger vehicle tires with a bead diameter up to 20.0 inches and cross section dimension up to 12.8 inches.
54. "Petroleum liquids" means petroleum, condensate, and any finished or intermediate products manufactured in a petroleum refinery but does not mean Number 2 through Number 6 fuel oils as specified in A.S.T.M. D396-80, gas turbine fuel oils Numbers 2-GT through 4-GT as specified in A.S.T.M. D2880-82, or diesel fuel oils Numbers 2-D and 4-D as specified in A.S.T.M. D975-82.
55. "Prime coat" means the first film of coating applied in a multicoat operation.
56. "Printed interior panels" means panels whose grain or natural surface is obscured by fillers and basecoats upon which a simulated grain or decorative pattern is printed.
57. "Production equipment exhaust system" means a device for collecting and directing out of the work area VOC fugitive emissions from reactor openings, centrifuge openings, and other vessel openings for the purpose of protecting workers from excessive VOC exposure.
58. "Publication rotogravure printing" means printing upon paper which is subsequently formed into books, magazines, catalogues, brochures, directories, newspaper supplements, or similar types of printed materials.
59. "Roll printing" means the application of words, designs, and pictures to a substrate by means of hard rubber or steel rolls, each with only partial coverage.
60. "Saturation process" - Saturation processes include coatings which saturate throughout the body of a web, fabric, or paper and do not merely coat the surface of the web. Textile dyeing processes are not included.
61. "Reactor" means a vat or vessel, which may be jacketed to permit temperature control, designed to contain chemical reactions.
62. "Separation operation" means a process that separates a mixture of compounds and solvents into two or more components. Specific mechanisms include extraction, centrifugation, filtration, and crystallization.
63. "Single coat" means only one film of coating applied on the metal substrate.
64. "Solvent" means organic materials which are liquid at standard conditions and which are used as dissolvers, viscosity reducers, or cleaning agents.
65. "Solvent metal cleaning" means the process of cleaning soils from metal surfaces by cold cleaning or open top vapor degreasing or conveyorized degreasing.
66. "Synthesized pharmaceutical manufacturing" means manufacture of pharmaceutical products by one or more chemical reactions followed by a series of purifying operations. Organic chemicals are used as raw materials and as solvents.
67. "Thin particleboard" means a manufactured board one-quarter inch or less in thickness made of individual wood particles which have been coated with a binder and formed into flat sheets by pressure.
68. "Tileboard" means paneling that has a colored waterproof surface coating.
69. "Topcoat" means the final film of coating applied in a multicoat operation.
70. "Total potential emissions" means the maximum capacity of a plant or portion of a plant (of a type governed by this regulation) to emit a pollutant under its physical or operational design, in the absence of air pollution control equipment. Any physical or operational limitations which affect the capacity of the plant to emit a pollutant, including restrictions on hours of operation or on the type or amount of material combusted, stored or processed, shall be treated as part of its design if the limitation or the effect it would have on emissions is enforceable.
71. "True vapor pressure" means the equilibrium partial pressure exerted by a petroleum liquid as determined in accordance with methods described in American Petroleum Institute Bulletin 2517, "Evaporation Loss From Floating Roof Tanks," 1962.
72. "Tread end cementing" means the application of a solvent based cement to the tire tread ends.
73. "Undertread cementing" means the application of a solvent based cement to the underside of a tire tread.
74. "Vapor collection system" means a vapor transport system which uses direct displacement by the gasoline being transferred to force vapors from the vessels being loaded into either a vessel being unloaded or a vapor control system or vapor holding tank.
75. "Vapor control system" means a system that prevents release to the atmosphere of at least 90 percent by weight of organic compounds in the vapors displaced from a vessel during transfer of gasoline.
76. "Vapor-mounted seal" means any primary seal mounted so that there is an annular space underneath the seal. The annular vapor space is bounded by the bottom of the primary seal, the tank wall, the liquid surface, and the floating roof.
77. "Vinyl coating" means any protective, decorative, or functional topcoat applied over vinyl coated fabric or vinyl sheets. It does not include the application of vinyl plastisol to the fabric (emissions from the application of plastisol are near zero). Also, organisol and plastisol coatings cannot be used to bubble emissions from vinyl printing and topcoating.
78. "Water based sprays" means release compounds, sprayed on the inside and outside of green tires, in which solids, water, and emulsifiers have been substituted for organic solvents for all but 10 percent by weight of the total.
Part B. General Applicability
1. This Standard will apply to existing processes statewide except in the following six counties: Anderson, Bamberg, Barnwell, Chesterfield, Darlington, and Hampton.
2. This Standard will apply to plants described under one of the Parts of Section II below when such a plant has total potential emissions of VOC more than 550 pounds (250 kilograms (kg)) in any one day (nominal size-100 tons per year (tpy)) or more than 150 pounds (68 kg) in any one hour. This Paragraph does not apply to Section II Part N.
3. A plant having an existing process which was not required to be regulated due to plant size will be subject to this Regulation when that plant increases emissions sufficiently to meet the applicability requirements regardless of the time frame. Conversely, a source which is subject to the requirements of this Regulation, but which decreases emissions sufficiently so that their total potential emissions are below the applicability requirements, may petition the Department for relief from the emission limits of this Regulation. Approval of the petition will be based, in part, on a showing that the reductions are not temporary and a consent to be permitted at the reduced level.
4. Further applicability requirements or limitations may be listed under the individual Parts of Section II below.
Part C. Alternatives and Exceptions to Control Requirements
1. Alternative Controls
a. If the owner or operator of a source of VOC regulated by this Standard can demonstrate that compliance with Section II below would not be feasible, he may petition the Department to allow the use of alternative operational and/or equipment controls for the reduction of VOC emissions of such source. Petition must be made for each source within a given plant and nothing herein should be interpreted as permitting a source regulated by this Standard to exceed emission limits for that source as given in Section II below. The petition must be submitted in writing to the Department and must contain:
(i) The name and address of the company and the name, address, and telephone number of a company officer over whose signature the petition is submitted; and
(ii) A description of all operations conducted at the location to which the petition applies and the purpose that the VOC emitting equipment serves within the operations; and
(iii) Reference to the specific operational and/or equipment controls under Section II below for which alternative operational and/or equipment controls are proposed; and
(iv) A detailed description of the proposed alternative operational and/or equipment controls, the magnitude of VOC emission reduction which will be achieved, and the quantity and composition of VOC which will be emitted if the alternative operational and/or equipment controls are instituted; and
(v) A schedule for the installation and/or institution of the alternative operational and/or equipment controls in conformance with Section II below.
b. The Department may approve a Petition for Alternative Control if:
(i) The petition is submitted in accordance with Paragraph (1)(a) above; and
(ii) The Department determines that the petitioner cannot comply with Section II below because of technological infeasibility (considering costs); and
(iii) The petition contains a schedule for achieving and maintaining reduction of VOC emissions to the maximum extent feasible and as expeditiously as practicable; and
(iv) A nuisance condition will not result from operation of the source as proposed in the Petition; and
(v) The alternative control approach must assure control levels at least as stringent as those listed in the appropriate Part of Section II below.
(vi) The petition is approved by the United State Environmental Protection Agency (EPA) as a source-specific State Implementation Plan (SIP) revision.
2. Alternative Emission Limitations
a. If the owner or operator of a source of VOC regulated by this standard can demonstrate that compliance with applicable portions of Section II below would not be economically feasible, the Department may, on a case-by-case basis, allow emission limitations less stringent than those required by applicable parts of Section II below.
b. All data pertinent to the showing of economic infeasibility must accompany a petition for this relief, and shall include a present value analysis showing economic infeasibility.
c. Exceptions granted under this Part are not effective until submitted to and approved by the Administrator of the EPA as a revision of the SIP pursuant to Section 110(a)(3)(A) of the Clean Air Act as amended November 1990.
Part D. Compliance Schedules
The following schedules of compliance apply to the individual Parts of Section II below as indicated by the references given in these individual Parts. The "date of notification" refers to the date that a plant or source is notified in writing that it is subject to one of the VOC regulations.
1. Schedule No. 1
a. Submit construction permit applications and final plans for the emission control system and/or new process equipment and/or modification of existing process equipment within two (2) months from date of notification.
b. Issue purchase orders and contracts for the emission control systems and/or process equipment and/or modification of existing process equipment to accomplish emission control within five (5) months from date of notification.
c. Initiate on-site construction or installation of the emission control and/or process equipment and/or modification of existing process equipment within eight (8) months from date of notification.
d. Complete on-site construction or installation of the emission control and/or process equipment and/or modification of existing process equipment within sixteen (16) months from the date of notification.
e. Achieve final compliance within eighteen (18) months from date of notification.
2. Schedule No. 2
a. Submit construction permit applications and final plans for the application of low solvent technology within two (2) months from date of notification.
b. Complete evaluation of product quality and commercial acceptance within seven (7) months from date of notification.
c. Issue purchase orders and contracts for low solvent technology and process modifications within nine (9) months from date of notification.
d. Begin process modifications within eleven (11) months from date of notification.
e. Complete process modifications and begin use of low solvent technology within seventeen (17) months from date of notification.
f. Achieve final compliance within eighteen (18) months from date of notification.
3. Schedule No. 3
a. Submit construction permit applications and final plans for the application of low solvent content coating technology within two (2) months from date of notification.
b. Complete research and development of low solvent content coating within eight (8) months from date of notification.
c. Complete evaluation of product quality and commercial acceptance within fourteen (14) months from date of notification.
d. Issue purchase orders and contracts for low solvent content coatings and process modifications within sixteen (16) months from date of notification.
e. Begin process modifications within eighteen (18) months from date of notification.
f. Complete process modifications and begin use of low solvent content coatings within twenty-three (23) months from date of notification.
g. Achieve final compliance within twenty-four (24) months from the date of notification.
Part E. Volatile Organic Compound Compliance Testing
The owner or operator of any VOC source required to comply with Section II below shall, at his own expense, conduct source tests in accordance with the provisions of Regulation 61-62.1, Section IV, Source Tests, to demonstrate compliance unless the Department determines that the compliance status of the source can be monitored as described in Part F below. If tests are required, the following conditions shall apply:
1. Test frequencies for VOC abatement equipment will be as follows:
a. Every four (4) years for sources utilizing solvent recovery emission control devices (for example, carbon adsorption, refrigeration).
b. Every two (2) years for sources utilizing catalytic incineration/destruction.
c. Every four (4) years for sources utilizing flame incineration provided the source operates, calibrates, and maintains a recorder for each incinerator which continuously records the combustion zone temperature and such temperature is maintained at a value no less than that recorded during the last stack test during which compliance was verified.
2. Testing of VOC capture systems will be performed annually. However, only an initial test will be required provided:
a. Capture system flow rate indicators (for example, magnehelic gauges, manometers) are operated, calibrated, and maintained, and
b. The indicated values are maintained at a level no less than that recorded during the last source test during which compliance was verified, and
c. The type and location of the flow rate indicators are approved by this Department, and
d. No process, capture system, nor VOC abatement equipment modifications have been made.
3. Other sources will be placed on a two (2) year test cycle.
4. An owner or operator of a source shall ensure that source tests are conducted in accordance with Regulation 61-62.1, Section IV, Source Tests.
5 to 12. [Deleted]
Part F. Recordkeeping, Reporting, Monitoring
1. The owner or operator of any VOC emission source or control equipment shall maintain, as a minimum: records detailing all activities relating to any compliance schedule under Part D above, records of all compliance testing conducted under Part E above, and records of all monitoring as required by the Department and conducted under Paragraphs (4)(a) and (4)(b) below.
2. The owner or operator of any applicable VOC emission source or control equipment shall, on request make available to the Department, or the EPA, reports detailing the nature, specific sources, and total monthly quantities of all VOC emissions.
3. If the applicable VOC emission source or control equipment is located in an ozone nonattainment area (as designated by the EPA) the owner or operator shall maintain daily records of operations. If the applicable VOC emission source is determined to be in noncompliance with an applicable emission standard, the Department reserves the right to require the owner or operator to maintain daily records of operations. The records, or summaries, shall be made available to the Department or the EPA upon request. The records shall include, but not be limited to, the following:
a. The standard number and part applicable to the operation for which the records are being maintained.
b. The application method and substrate type (metal, plastic, paper, etc.).
c. The amount and type of adhesive, coatings (including catalyst and reducer for multicomponent coatings), solvent, and/or graphic arts material used at each point of application, including exempt compounds.
d. The VOC content as applied in each adhesive coating, solvent, and/or graphic arts material.
e. The date for each application of adhesive coating, solvent, and/or graphic arts material.
f. The amount of surface preparation, clean-up, or wash-up solvent (including exempt compounds) used and the VOC content of each.
g. Oven temperature (where applicable).
h. Line number (where applicable).
i. For control equipment:
(i). Thermal incinerator-Combustion temperature, inlet and outlet VOC concentration from emission tests, how and when these concentrations were determined, destruction or removal efficiency, and manufacturer data.
(ii). Catalytic incinerator-Exhaust temperature, change in temperature across catalyst bed, date of last change of catalyst bed, inlet and outlet VOC concentration from emission tests, how and when these concentrations were determined, destruction or removal efficiency, and manufacturer data.
(iii). Condenser-Inlet temperature of cooling medium, outlet temperature of cooling medium, inlet and outlet VOC concentrations from emission tests, how and when these concentrations were determined, removal efficiency, and manufacturer data.
j. VOC content shall be calculated using a percent solids basis (less water and exempt solvents) for adhesives, coatings, and inks; using EPA Reference Method 24, July 1, 1989. VOC content and density of rotogravure publication inks shall be determined by EPA Reference Method 24A, July 1, 1989. Once initial VOC content calculations have been made for existing adhesives, coatings, and inks, only new or modified adhesives, coatings, and inks must be tested for VOC content. Records must be kept in units necessary to verify compliance, that is, pound of VOC per gal (lb VOC/gal) of coating less water and exempt solvents for surface coating.
k. Copies of all records and reports required under this Part shall be available for inspection during normal working hours and furthermore, copies of the required records and reports shall be furnished within ten (10) working days after receipt of a written request from the Department.
4. The owner or operator of any VOC emission source or control equipment shall:
a. Install, operate, calibrate, and maintain process and/or control equipment, monitoring instruments, or procedures as required by the Department and as necessary to comply with Paragraphs 1 and 2 above; and
b. Maintain, in writing, data and/or reports relating to monitoring instruments or procedures which will, upon review, document the compliance status of the VOC emission source control equipment to the satisfaction of the Department.
5. Copies of all records and reports under Paragraphs 1, 2, 3, and 4, above, shall be retained by the owner or operator for two (2) years after the date on which the record was made or the reports submitted.
Part G. Equivalency Calculations
In determining the amount of reduction required within coating/printing industries from a non-complying application, equivalency calculations must be made on a mass of VOC per volume of solids basis in accordance with Department policy and methodology. These determinations must be made when compliance demonstrations are based on reformulation, alternative emission limitation options or add-on control.
SECTION II-PROVISIONS FOR SPECIFIC SOURCES
Part A. Surface Coating of Cans
1. Emission Limitations
No owner or operator of a can coating application system subject to this Part may cause, allow, or permit the discharge into the atmosphere of any VOC in excess of the following levels:
a. 2.8 pounds per gallon (lb/gal) (0.34 kg per liter (kg/L)) of coating, excluding water and exempt solvents, delivered to the coating applicator from sheet basecoat (exterior and interior) and overvarnish or two-piece can exterior (basecoat and overvarnish) operations.
b. 4.2 lb/gal (0.51 kg/L) of coating, excluding water and exempt solvents, delivered to the coating applicator from two and three-piece can interior body spray and two-piece can exterior end (spray or roll coat) operations.
c. 5.5 lb/gal (0.66 kg/L) of coating, excluding water and exempt solvents, delivered to the coating applicator from three-piece can side-seam spray operations.
d. 3.7 lb/gal (0.44 kg/L) of coating, excluding water and exempt solvents, delivered to the coating applicator from end sealing compound operations.
2. Control Technology
a. The emission limitations in Paragraph 1 of this Part can be achieved by:
(i) The application of low solvent coating technology;
(ii) Incineration, provided that 90 percent of the nonmethane VOC (VOC measured as total combustible carbon) which enter the incinerator are oxidized to carbon dioxide and water; or
(iii) Carbon bed solvent recovery system; or
(iv) Alternative controls as allowed under Section I, Part C above; and
(v) A capture system must be used in conjunction with emission control equipment systems. The design and operation of a capture system must be consistent with good engineering practice, and shall be required to provide for an overall VOC emission reduction efficiency sufficient to meet the emission limitations in Paragraph 1 of this Part.
b. Compliance may be demonstrated by a 24-hour weighted average of emissions from two (2) or more coatings having the same emission limits for the same type of operation on the same line. Averaging times of longer than 24 hours are not allowed.
3. Compliance Schedules
a. The owner or operator of a VOC source subject to this Part shall meet one of the following schedules as applicable:
(i) A source utilizing emission control equipment and/or replacement process equipment and/or modification of existing process equipment to comply with Paragraph 1 of this Part shall comply with Schedule 1 of Section I, Part D above.
(ii) A source utilizing low solvent technology where the Department determines that low solvent content coating technology has been sufficiently researched and developed for a particular application to comply with emission limitations in Paragraph 1 of this Part shall comply with Schedule 2 of Section I, Part D above.
(iii) A source utilizing low solvent technology which does not qualify under (ii) above to comply with emission limitations in Paragraph 1 of this Part shall comply with Schedule 3 of Section I, Part D above.
b. Any owner or operator of a source subject to any compliance schedule shall certify to the Department within five (5) days after the deadline for each increment of progress, whether the required increment of progress has been met.
Part B. Surface Coating of Coils
1. Emission Limitations
No owner or operator of a coil coating application system subject to this Part may cause, allow, or permit the discharge into the atmosphere of any VOC in excess of 2.6 lb/gal (0.31 kg/L) of coating, excluding water, delivered to the coating applicator from prime and topcoat or single coat operations.
2. Control Technology
a. The emission limitation in Paragraph 1 of this Part can be achieved by:
(i) The application of low solvent technology; or
(ii) Incineration, provided that 90 percent of the nonmethane VOC (VOC measured as total combustible carbon) which enter the incinerator are oxidized to carbon dioxide and water; or
(iii) Carbon bed solvent recovery system; or
(iv) Alternative controls as allowed under Section I, Part C above;
(v) A capture system must be used in conjunction with emission control equipment systems. The design and operation of a capture system must be consistent with good engineering practice, and shall be required to provide for an overall VOC emission reduction efficiency sufficient to meet the emission limitations in Paragraph 1 of this Part.
b. Compliance may be demonstrated by 24-hour weighted averaging of emissions for two (2) or more coatings having the same emission limits from the same type of operation on the same line. Averaging times of longer than 24 hours are not allowed.
3. Compliance Schedules
a. The owner or operator of a VOC source subject to this Part shall meet one of the following schedules as applicable:
(i) Sources utilizing emission control equipment and/or replacement process equipment and/or modification of existing process equipment to comply with Paragraph 1 of this Part shall comply with Schedule 1 of Section I, Part D above.
(ii) Sources utilizing low solvent technology where the Department determines that low solvent content coating technology has been sufficiently researched and developed for a particular application to comply with emission limitations in Paragraph 1 of this Part shall comply with Schedule 2 of Section I, Part D above.
(iii) Sources utilizing low solvent technology which does not qualify under (ii) above to comply with emission limitations in Paragraph 1 of this Part shall comply with Schedule 3 of Section I, Part D above.
b. Any owner or operator of a source subject to any compliance schedule shall certify to the Department within five (5) days after the deadline for each increment of progress, whether the required increment of progress has been met.
Part C. Surface Coating of Paper, Vinyl, and Fabric
1. Emission Limitations
No owner or operator of a fabric, vinyl, or paper coating application system, including saturation processes, subject to this Part may cause, allow, or permit the discharge into the atmosphere of any VOC in excess of the following levels;
a. 2.9 lb/gal (0.35 kg/L) of coating, excluding water and exempt solvents, delivered to the fabric or paper coating applicator system;
b. 3.8 lb/gal (0.45 kg/L) of coating, excluding water and exempt solvents, delivered to the vinyl coating applicator system.
2. Control Technology
a. The emission limitations in Paragraph 1 of this Part can be achieved by:
(i) The application of low solvent technology; or
(ii) Incineration, provided that 90 percent of the nonmethane VOC (VOC measured as total combustible carbon) which enter the incinerator are oxidized to carbon dioxide and water; or
(iii) Carbon bed solvent recovery system; or
(iv) Alternative controls as allowed under Section I, Part C above;
(v) A capture system must be used in conjunction with emission control equipment systems. The design and operation of a capture system must be consistent with good engineering practice, and shall be required to provide for an overall VOC emission reduction efficiency sufficient to meet the emission limitations in Paragraph 1 of this Part.
b. Compliance may be demonstrated by a 24-hour weighted average of emissions for two (2) or more coatings having the same emission limits for the same type of operation on the same line. Averaging time of longer than 24 hours are not allowed.
3. Compliance Schedules
a. The owner or operator of a VOC source subject to this Part shall meet one of the following schedules as applicable:
(i) Sources utilizing emission control equipment and/or replacement process equipment and/or modification of existing process equipment to comply with Paragraph 1 of this Part shall comply with Schedule 1 of Section I, Part D above.
(ii) Sources utilizing low solvent technology where the Department determines that low solvent content coating technology has been sufficiently researched and developed for a particular application to comply with emission limitations in Paragraph 1 of this Part shall comply with Schedule 2 of Section I, Part D above.
(iii) Sources utilizing low solvent technology which does not qualify under (ii) above to comply with emission limitations in Paragraph 1 of this Part shall comply with Schedule 3 of Section I, Part D above.
b. Any owner or operator of a source subject to any compliance schedule shall certify to the Department within five (5) days after the deadline for each increment of progress, whether the required increment of progress has been met.
Part D. Surface Coating of Metal Furniture and Large Appliances
1. Emission Limitations
No owner or operator of a metal furniture or a large appliance coating application system subject to this Part may cause, allow, or permit the discharge into the atmosphere of any VOC in excess of the following levels:
a. 3.0 lb/gal (0.36 kg/L) of coating, excluding water and exempt solvents, delivered to the coating applicator from prime and topcoat or single coat operation from a metal furniture coating application system;
b. 2.8 lb/gal (0.34 kg/L) of coating, excluding water and exempt solvents, delivered to the coating applicator from prime, single, or topcoat from a large appliance coating application system. This emission limit will not apply to the use of quick-drying lacquers for repair of scratches and nicks that occur during assembly, provided that the volume of coating does not exceed 1 quart (0.95 liters) in any one 8-hour period.
2. Control Technology
a. The emission limitations in Paragraph 1 of this Part can be achieved by:
(i) The application of low solvent content coating technology; or
(ii) Incineration, provided that 90 percent of the nonmethane VOC (VOC measured as total combustible carbon) which enter the incinerator are oxidized to carbon dioxide and water; or
(iii) Carbon bed solvent recovery system; or
(iv) Alternative controls as allowed under Section I, Part C above;
(v) A capture system must be used in conjunction with emission control equipment systems. The design and operation of a capture system must be consistent with good engineering practice, and shall be required to provide for an overall VOC emission reduction efficiency sufficient to meet the emission limitations in Paragraph 1 of this Part.
b. Compliance may be demonstrated by a 24-hour weighted average of emissions for two (2) or more coatings having the same type of operation on the same line. Averaging times of longer than 24 hours are not allowed.
3. Compliance Schedules
a. The owner or operator of a VOC source subject to this Part shall meet one of the following schedules as applicable:
(i) Sources utilizing emission control equipment and/or replacement process equipment and/or modification of existing process equipment to comply with Paragraph 1 of this Part shall comply with Schedule 1 of Section I, Part D above.
(ii) Sources utilizing low solvent technology where the Department determines that low solvent content coating technology has been sufficiently researched and developed for a particular application to comply with emission limitations in Paragraph 1 of this Part shall comply with Schedule 2 of Section I, Part D above.
(iii) Sources utilizing low solvent technology which does not qualify under (ii) above to comply with emission limitations in Paragraph 1 of this Part shall comply with Schedule 3 of Section I, Part D above.
b. Any owner or operator of a source subject to any compliance schedule shall certify to the Department within five (5) days after the deadline for each increment of progress, whether the required increment of progress has been met.
Part E. Surface Coating of Magnet Wire
1. Emission Limitations
No owner or operator of a magnet wire coating oven subject to this Part may cause, allow, or permit the discharge into the atmosphere of any VOC in excess of 1.7 lb/gal (0.20 kg/L) of coating, excluding water and exempt solvents, delivered to the coating applicator from magnet wire coating operations.
2. Control Technology
a. The emission limitations in Paragraph 1 of this Part can be achieved by:
(i) The application of low solvent content coating technology; or
(ii) Incineration, provided that 90 percent of the nonmethane VOC (VOC measured as total combustible carbon) which enter the incinerator are oxidized to carbon dioxide and water; or
(iii) Carbon bed solvent recovery system; or
(iv) Alternative controls as allowed under Section I, Part C above;
(v) A capture system must be used in conjunction with emission control equipment systems. The design and operation of a capture system must be consistent with good engineering practice, and shall be required to provide for an overall VOC emission reduction efficiency sufficient to meet the emission limitations in Paragraph 1 of this Part.
b. Compliance may be demonstrated by a 24-hour weighted average of emissions for two (2) or more coatings having the same type of operation on the same line. Averaging times of longer than 24 hours are not allowed.
3. Compliance Schedules
a. The owner or operator of a VOC source subject to this Part shall meet one of the following schedules as applicable:
(i) Sources utilizing emission control equipment and/or replacement process equipment and/or modification of existing process equipment to comply with Paragraph 1 of this Part shall comply with Schedule 1 of Section I, Part D above.
(ii) Sources utilizing low solvent technology where the Department determines that low solvent content coating technology has been sufficiently researched and developed for a particular application to comply with emission limitations in Paragraph 1 of this Part shall comply with Schedule 2 of Section I, Part D above.
(iii) Sources utilizing low solvent technology which does not qualify under (ii) above to comply with emission limitations in Paragraph 1 of this Part shall comply with Schedule 3 of Section I, Part D above.
b. Any owner or operator of a source subject to any compliance schedule shall certify to the Department within five (5) days after the deadline for each increment of progress, whether the required increment of progress has been met.
Part F. Surface Coating of Miscellaneous Metal Parts and Products
1. Applicability
a. This Standard will apply to plants whose operations include at least one of the affected sources in Paragraph b below.
b. Affected sources include those which utilize coating application systems for miscellaneous metal parts and products in the following industries:
(i) Large Farm Machinery;
(ii) Small Farm Machinery;
(iii) Small Appliances;
(iv) Commercial Machinery;
(v) Industrial Machinery;
(vi) Fabricated Metal Products;
(vii) Any other industrial category which coats metal parts or products under the Standard Industrial Classification Code of Major Group 33 (primary metal industries), Major Group 34 (fabricated metal products), Major Group 35 (non-electric machinery), Major Group 36 (electric machinery), Major Group 37 (transportation equipment), Major Group 38 (miscellaneous instruments), and Major Group 39 (miscellaneous manufacturing industries);
c. Not included is the surface coating of the following metal parts and products:
(i) Automobiles and light duty trucks;
(ii) Metal cans;
(iii) Flat metal sheets and strips in the form of rolls or coils;
(iv) Magnet wire for use in electrical machinery;
(v) Metal furniture;
(vi) Large appliances;
(vii) Exterior of airplanes;
(viii) Automobile refinishing;
(ix) Customized coating of automobiles and trucks, if production is less than 35 vehicles per day; and
(x) Exterior of marine vessels.
2. Emission Limitations
No owner or operator of a miscellaneous metal parts and products coating application system subject to this Part may cause, allow, or permit the discharge into the atmosphere of any VOC in excess of the following levels;
a. 0.52 kg/L (4.3 lb/gal) of coating, excluding water and exempt solvents, delivered to a coating applicator that applies clear coatings;
b. 0.42 kg/L (3.5 lb/gal) of coating, excluding water and exempt solvents, delivered to a coating applicator in a coating application system that utilizes air dried or forced warm air dried at temperatures up to 90 degrees C (194 degrees F);
c. 0.42 kg/L (3.5 lb/gal) of coating, excluding water and exempt solvents, delivered to a coating applicator that applies extreme performance coatings; and
d. 0.36 kg/L (3.0 lb/gal) of coating, excluding water and exempt solvents, delivered to a coating applicator for all other coatings and coating application systems.
e. If more than one emission limitation in Paragraph 2 applies to a specific coating, then the least stringent emission limitation shall be applied.
3. Control Technology
a. The emission limits set forth in Paragraph 2 can be achieved by:
(i) The application of low solvent content coating technology; or
(ii) Incineration, provided that 90 percent of the nonmethane VOC (VOC measured as total combustible carbon) which enter the incinerator are oxidized to carbon dioxide and water; or
(iii) Carbon bed solvent recovery system; or
(iv) Alternative controls as allowed under Section I, Part C above;
(v) A capture system must be used in conjunction with emission control equipment systems. The design and operation of a capture system must be consistent with good engineering practice, and shall be required to provide for an overall VOC emission reduction efficiency sufficient to meet the emission limitations in Paragraph 2 of this Part.
b. Compliance may be demonstrated by 24-hour weighted average of emissions for two (2) or more coatings having the same emission limits for the same type of operation on the same line. Averaging times of longer than 24 hours are not allowed.
4. Compliance Schedules
a. The owner or operator of a source of VOC subject to this Part shall meet one of the following schedules as applicable:
(i) A source utilizing low solvent content coatings to comply with the emission limitations in Paragraph 2 shall comply with Schedule 2 of Section I, Part D above.
(ii) A source utilizing process equipment changes or add-on control devices, including incineration with or without heat recovery, or process modifications not requiring purchase orders to comply with the emission limitations in Paragraph 2 shall comply with Schedule 1 of Section I, Part D above.
b. Any owner or operator of a source subject to any compliance schedule shall certify to the Department within five (5) days after the deadline for each increment of progress, whether the required increment of progress has been met.
Part G. Surface Coating of Flat Wood Paneling
1. Applicability
Affected plants include all flat wood manufacturing operations which produce:
a. Printed interior panels made of hardwood plywood and thin particleboard; or
b. Natural finish hardwood plywood panels; or
c. Paneling with Class II finishes.
d. Not included is the manufacture of exterior siding, tileboard, or particleboard used as a furniture component.
2. Emission Limitations
No owner or operator of a flat wood paneling coating application system subject to this Part may cause, allow, or permit the discharge into the atmosphere of any VOC in excess of the following levels:
a. 2.9 kg per 100 square meters (kg/100 m2) of coated finished product (6.0 lb/1,000 square feet (ft2)) from printed interior panels, regardless of the number of coats applied;
b. 5.8 kg/100 m2 of coated finished product (12.0 lb/1,000 ft2) from natural finish hardwood plywood panels, regardless of the number of coats applied; and
c. 4.8 kg/100 m2 of coated finished product (10.0 lb/1,000 ft2) from Class II finishes on hardboard panels, regardless of the number of coats applied.
3. Control Technology
a. The emission limits in Paragraph 2 of this Part can be achieved by:
(i) The application of low solvent content coating technology; or
(ii) Incineration, provided that 90 percent of the nonmethane VOC (VOC measured as total combustible carbon) which enter the incinerator are oxidized to carbon dioxide and water; or
(iii) Carbon bed solvent recovery system, or
(iv) Alternative controls as allowed under Section I, Part C above;
(v) A capture system must be used in conjunction with emission equipment control systems. The design and operation of a capture system must be consistent with good engineering practice and shall be required to provide for an overall emission reduction efficiency sufficient to meet the emission limitations in Paragraph 2 of this Part.
b. Compliance may be demonstrated by a 24-hour weighted average of emissions for two (2) or more coatings having the same emission limits for the same type of operation on the same line. Averaging time of longer than 24 hours are not allowed.
4. Compliance Schedules
a. The owner or operator of a source of VOC subject to this Part shall meet one of the following schedules as applicable:
(i) Sources utilizing low solvent content coatings to comply with the emission limitations in Paragraph 2 of this Part shall comply with Schedule 2 of Section I, Part D above.
(ii) Sources utilizing process equipment changes or add-on control devices, including incineration with or without heat recovery, (or process modification not requiring purchase orders) to comply with the emission limitations in Paragraph 2 of this Part shall comply with Schedule 1 of Section I, Part D above.
b. The owner or operator of a source subject to any compliance schedule shall certify to the Department within five (5) days after the deadline for each increment of progress, whether the required increment of progress has been met.
Part H. Graphic Arts-Rotogravure and Flexography
1. Applicability
Affected plants include all packaging rotogravure, publication rotogravure, and flexographic printing operations. Potential emissions are calculated on historical records of actual consumption of solvent and ink.
2. Emission Limitations
No owner or operator of a packaging rotogravure, publication rotogravure, or flexographic printing operation subject to this Part may cause, allow, or permit the discharge into the atmosphere of any VOC unless:
a. The volatile fraction of water-borne inks, as applied to the substrate, contains 25 percent by volume or less of organic solvent and 75 percent by volume or more of water for heavy coverage.
b. The source achieves a 70 percent by volume overall reduction of solvent usage as compared to all solvent-borne ink usage for light coverage.
c. The source prints with high solids ink which contains, less water, 60 percent by volume or more nonvolatile materials.
3. Control Technology
The emission limitations in Paragraph 2 of this Part can be achieved by:
a. The application of low solvent content coating technology;
b. A carbon adsorption system;
c. Incineration;
d. An alternative VOC emission reduction system.
e. A capture system must be used in conjunction with the control equipment systems and provide for an overall VOC emission reduction of at least:
(i) 75 percent where a publication rotogravure process is employed;
(ii) 65 percent where a packaging rotogravure process is employed; and
(iii) 60 percent where a flexographic printing process is employed.
f. Alternative controls as allowed under Section I, Part C above.
4. Compliance Schedules
a. The owner or operator of a source of VOC subject to this Part must comply with Schedule 1 of Section I, Part D above.
b. The owner or operator of a source subject to any compliance schedule shall certify to the Department within five (5) days after the deadline for each increment of progress, whether the required increment of progress has been met.
Part I. through Part M. (Reserved for future use.)
Part N. Solvent Metal Cleaning
1. Applicability
a. This Standard will apply in the following manner:
(i) Control System A shall apply to cold cleaning, open top vapor degreasing and conveyorized degreasing operation, if the plant is located in a non-designated county and uses more than 100 tpy of solvents plant-wide based upon annual solvent purchase records.
(ii) Control System B shall apply to cold cleaning, open top vapor degreasing and conveyorized degreasing operations, if the plant is located in a nonattainment county and uses more than 100 tpy of solvents plant-wide based upon annual solvent purchase records.
b. In lieu of meeting the requirements of Paragraph (1)(a)(i) above, a plant in a non-designated county may choose to retain all solvent purchase and return records, including, making them available to the Department and if the potential loss to the ambient air, by evaporation or by other means, of solvent is less than 100 tpy, then the plant is exempted from Control System A requirements. Potential loss for this purpose shall be determined by subtracting returned solvent from purchased solvent.
c. The provision of this Part shall apply with the following exceptions:
(i) Open top vapor degreasers with an open area smaller than one square meter (10.8 ft2 shall be exempt from Paragraphs (3)(b)(iii)(b) and (3)(b)(iii)(d) of this Part.
(ii) Conveyorized degreasers with an air/vapor interface smaller than 2.0 square meters (21.6 ft2) shall be exempt from Paragraph (4)(b)(iii) of this Part.
2. Control Provisions for Cold Cleaning
Except as provided under Paragraph (1)(c) of this Part, the owner or operator of a cold cleaning operation shall:
a. For Control System A;
(i) Equip the cleaner with a cover; and
(ii) Equip the cleaner with some means for draining cleaned parts; and
(iii) Provide a permanent, conspicuous label, summarizing the operating requirements; and
(iv) Drain the cleaned parts for at least 15 seconds or until dripping ceases; and
(v) Close degreaser cover whenever parts are not handled in the cleaner; and
(vi) Store waste solvent only in covered containers; and
(vii) Do not dispose of waste solvent nor transfer it to another party, such that greater than 20 percent of the waste (by weight) can evaporate into the atmosphere.
b. For Control System B;
(i) Equip the cleaner with a cover and the cover shall be so designed that it can be easily operated with one hand; if,
(a) The solvent volatility is greater than 2 kPA (15 millimeters of mercury (mmHg) or 0.3 psi) measured at 38 degrees C (100 degrees F); or
(b) The solvent is agitated; or
(c) The solvent is heated; and
(ii) Equip the cleaner with some means for draining cleaned parts and the drainage mechanism shall be constructed internally so that parts are enclosed under the cover while draining if the solvent volatility is greater than 4.3 kPA (32 mmHg or 0.6 psi) measured at 38 degrees C (100 degrees F), except that the drainage mechanism may be external for applications where an internal type cannot fit into the cleaning system; and
(iii) Install one of the following control devices if the solvent volatility is greater than 4.3 kPA (33 mmHg or 0.6 psi) measured at 38 degrees C (100 degrees F), or if the solvent is heated above 50 degrees C (122 degrees F);
(a) Freeboard that gives a freeboard ratio greater than or equal to 0.7; or
(b) Water cover (solvent must be insoluble in water and heavier than water); or
(c) Other systems of equivalent control, such as refrigerated chiller or carbon adsorption, approved by the Department; and
(iv) Provide a permanent, conspicuous label, summarizing the operating requirements; and
(v) Store waste solvent only in covered containers and not dispose of waste solvent or transfer it to another party, such that greater than 20 percent of the waste solvent (by weight) can evaporate into the atmosphere; and
(vi) Close the cover whenever parts are not being handled in the cleaner; and
(vii) Drain the cleaned parts for at least 15 seconds or until dripping ceases; and
(viii) If used, supply a solvent spray that is a solid fluid stream (not a fine, atomized or shower type spray) at a pressure which does not cause excessive splashing.
3. Control Provisions for Vapor Degreasers
Except as provided under Paragraph (1)(c) of this Part, the owner or operator of an open top degreaser shall:
a. For Control System A;
(i) Equip the vapor degreaser with a cover that can be opened and closed easily without disturbing the vapor zone; and
(ii) Keep the cover closed at all times except when processing work loads through the degreaser; and
(iii) Minimize solvent carryout by:
(a) Racking parts to allow complete drainage; and
(b) Moving parts in and out of the degreaser at less than 3.3 meters per minute (m/min) (11 feet per minute (ft/min)); and
(c) Holding the parts in the vapor zone at least 30 seconds or until condensation ceases; and
(d) Tipping out any pools of solvent on the cleaned parts before removal from the vapor zone; and
(e) Allowing parts to dry within the degreaser for at least 15 seconds or until visually dry; and
(iv) Not degrease porous or absorbent materials, such as cloth, leather, wood, or rope; and
(v) Not occupy more than half of the degreaser's open top area with a workload; and
(vi) Not load the degreaser to the point where the vapor level would drop more than 10 centimeters (4 inches) when the workload is removed from the vapor zone; and
(vii) Always spray below the vapor level; and
(viii) Repair solvent leaks immediately, or shut down the degreaser; and
(ix) Store waste solvent only in covered containers and not dispose of waste solvent or transfer it to another party, such that greater than 20 percent of the waste solvent (by weight) can evaporate into the atmosphere; and
(x) Not operate the cleaner so as to allow water to be visually detectable in solvent exiting the water separator; and
(xi) Not use ventilation fans near the degreaser opening, nor provide exhaust ventilation exceeding 20 cubic meters per minute per square meter (65 cubic feet per minute per square foot) of degreaser open area, unless necessary to meet the Occupational Safety and Health Administration (OSHA) requirements.
b. For Control System B;
(i) Equip the vapor degreaser with a cover that can be opened and closed easily without disturbing the vapor zone; and
(ii) Provide the following safety switches:
(a) A condenser flow switch and thermostat which shut off the pump heat if the condenser coolant is either not circulating or too warm; and
(b) A spray safety switch which shuts off the spray pump if the vapor level drops more than 10 centimeters (4 inches); and
(iii) Install one of the following control devices:
(a) Powered cover, if the freeboard ratio is greater than or equal to 0.75, and if the degreaser opening is greater than 1 m2 (10 ft2); or
(b) Refrigerated chiller; or
(c) Enclosed design (cover or door opens only when the dry part is actually entering or exiting the degreaser); or
(d) Carbon adsorption system with ventilation greater than or equal to 15 cubic meters per minute per square meter (50 cubic feet per minute per square foot) of air/vapor area (when cover is open), and exhausting less than 25 parts per million (ppm) of solvent averaged over one complete adsorption cycle; or
(e) A control system, demonstrated to have control efficiency equivalent to or greater than any of the above, and approved by the Department; and
(iv) Attach a permanent, conspicuous label, summarizing operating procedures (v) to (x) below.
(v) Keep the cover closed at all times except when processing work loads through the degreaser; and
(vi) Minimize solvent carryout by:
(a) Racking parts to allow complete drainage;
(b) Moving parts in and out of the degreaser at less than 3.3 m/min (11 ft/min); and
(c) Holding the parts in the vapor zone at least 30 seconds or until condensation ceases; and
(d) Tipping out any pools of solvent on the cleaned parts before removal from the vapor zone; and
(e) Allowing parts to dry within the degreaser for at least 15 seconds or until visually dry; and
(vii) Not degrease porous or absorbent materials, such as cloth, leather, wood or rope; and
(viii) Not occupy more than half of the degreaser's open top area with a workload; and
(ix) Not load the degreaser to the point where the vapor level would drop more than 10 centimeters (4 inches) when the workload is removed from the vapor zone; and
(x) Always spray below the vapor level; and
(xi) Repair solvent leaks immediately, or shut down the degreaser; and
(xii) Store waste solvent only in covered containers and not dispose of waste solvent or transfer it to another party, such that greater than 20 percent of the waste solvent (by weight) can evaporate into the atmosphere; and
(xiii) Not operate the cleaner so as to allow water to be visually detectable in solvent exiting the water separator; and
(xiv) Not use ventilation fans near the degreaser opening, nor provide exhaust ventilation exceeding 20 cubic meters per minute per square meter (65 cubic feet per minute per square foot) of degreaser open area, unless necessary to meet OSHA requirements.
4. Control Provisions for Conveyorized Degreasers
Except as provided under Paragraph (1)(c) of this Part the owner or operator of the conveyorized degreasers shall:
a. For Control System A;
(i) Not use workplace fans near the degreaser opening, nor provide exhaust ventilation exceeding 20 cubic meters per minute per square meter (65 cubic feet per minute per square foot) of degreaser opening, unless necessary to meet OSHA requirements; and
(ii) Minimize carryout emissions by:
(a) Racking parts for best drainage; and
(b) Maintaining the vertical conveyor speed at less than 3.3 m/min (11 ft/min); and
(iii) Store waste solvent only in covered containers and not dispose of waste solvent nor transfer it to another party, such that greater than 20 percent of the waste solvent (by weight) can evaporate into the atmosphere; and
(iv) Repair solvent leaks immediately, or shut down the degreaser; and
(v) Not operate the cleaner so as to allow water to be visually detectable in solvent exiting the water separator.
b. Or Control System B:
(i) Install one of the following control devices:
(a) Refrigerated chiller; or
(b) Carbon adsorption system, with ventilation greater than or equal to 15 cubic meters per minute per square meter (50 cubic feet per minute per square foot) of air/vapor area (when downtime covers are open), and exhausting less than 25 ppm of solvent by volume averaged over a complete adsorption cycle; or
(c) A system, demonstrated to have a control efficiency equivalent to or greater than Paragraphs (4)(b)(i)(a) or (4)(b)(i)(b) of this Part, and approved by the Department; and
(ii) Equip the cleaner with equipment, such as a drying tunnel or rotating (tumbling) basket, sufficient to prevent cleaned parts from carrying out solvent liquid or vapor; and
(iii) Provide the following safety switches:
(a) A condenser flow switch and thermostat which shuts off the pump heat if the condenser coolant is either not circulating or too warm; and
(b) A spray safety switch which shuts off the spray pump or the conveyor if the vapor level drops more than 10 centimeters (4 inches); and
(c) A vapor level control thermostat which shuts off the pump heat when the vapor level rises too high; and
(iv) Minimize openings during operation so that entrance and exits will silhouette workloads with an average clearance between the parts and the edge of the degreaser opening of less than 10 centimeters (4 inches) or less than 10 percent of the width of the opening; and
(v) Provide downtime covers for closing off the entrance and exit during shutdown hours; and
(vi) Not use workplace fans near the degreaser opening, nor provide exhaust ventilation exceeding 20 cubic meters per minute per square meter (65 cubic feet per minute per square foot) of degreaser opening, unless necessary to meet OSHA requirements; and
(vii) Minimize carryout emissions by:
(a) Racking parts for best drainage; and
(b) Maintaining the vertical conveyor speed at less than 3.3 m/min (11 feet per minute); and
(viii) Store waste solvent only in covered containers and not dispose of waste solvent nor transfer it to another party, such that greater than 20 percent of the waste solvent (by weight) can evaporate into the atmosphere; and
(ix) Repair solvent leaks immediately, or shut down the degreaser; and
(x) Not operate the cleaner so as to allow water to be visually detectable in solvent exiting the water separator; and
(xi) Place downtime covers over entrances and exits of conveyorized degreasers immediately after the conveyors and exhausts are shut down and not remove them until just before start-up.
5. Compliance Schedule
a. The owner or operator of a volatile organic compound source subject to this Part shall comply with Schedule 1 of Section I, Part D above.
b. Any owner or operator of a source subject to any compliance schedule shall certify to the Department within five (5) days after the deadline for each increment of progress, whether the required increment of progress has been met.
Part O. Petroleum Liquid Storage in Fixed Roof Tanks
1. Applicability
Affected sources include all fixed roof storage vessels with capacities of 40,000 gal (151,412 L) and larger which contain volatile petroleum liquids whose true vapor pressure is greater than 1.52 psi (10.5 kPA).
2. Control Provisions
No owner or operator shall permit petroleum liquid storage in fixed roof tanks unless:
a. The source has been retrofitted with an internal floating roof equipped with a closure seal, or seals, to close the space between the roof edge and tank wall; or
b. The source has been retrofitted with equally effective alternative control approved by the Department; and
c. The source is maintained such that there are no visible holes, tears, or other openings in the seal or any seal fabric or materials; and
d. All openings except stub drains are equipped with covers, lids, or seals such that;
(i) The cover, lid, or seal is in the closed position at all times except when in actual use; and
(ii) Automatic bleeder vents are closed at all times except when the roof is floated off or landed on the roof leg supports; and
(iii) Rim vents, if provided, are set to open when the roof is being floated off the roof leg supports or at the manufacturer's recommended setting; and
e. Routine inspections are conducted through roof hatches once per month; and a complete inspection of cover and seal is conducted whenever the tank is emptied for nonoperational reasons or once per year; and
f. Records are maintained in accordance with Section I, Part F above that shall include:
(i) Reports of results of inspections; and
(ii) Average monthly storage temperatures and true vapor pressures of petroleum liquids stored; and
(iii) Throughput quantities and types of petroleum liquids for each storage vessel.
3. Compliance Schedules
a. The owner or operator of a VOC source subject to this Part shall comply with Schedule 1 of Section I, Part D above.
b. Any owner or operator of source subject to any compliance schedule shall certify to the Department within five (5) days after the deadline for each increment of progress, whether the required increment of progress has been met.
Part P. Petroleum Liquid Storage in External Floating Roof Tanks
1. Applicability
a. Affected sources include all petroleum liquid storage vessels equipped with external floating roofs and having capacities greater than 150,000 L (39,600 gal).
b. This Part does not apply to petroleum liquid storage vessels which:
(i) Contain a petroleum liquid with a true vapor pressure less than 27.6 kPa (4.0 psi) and are of welded construction presently possessing a metallic-type shoe seal, a liquid-mounted foam seal, a liquid mounted, liquid filled type seal, or other closure device of demonstrated equivalence approved by the Department; or
(ii) Are of welded construction, equipped with a metallic-type shoe primary seal and has a secondary seal from the top of the shoe seal to the tank wall (shoe-mounted secondary seal).
2. Control Provisions
No owner or operator of a petroleum liquid storage vessel subject to this Part shall store a petroleum liquid in that vessel unless:
a. The vessel has been fitted with a continuous secondary seal extending from the floating roof to the tank wall (rim-mounted secondary seal), or a closure or other device of equivalent control efficiency and approved by the Department;
b. All seal closure devices meet the following requirements:
(i) There are no visible holes, tears, or other openings in the seal or seal fabric and the seals are intact and uniformly in place around the circumference of the floating roof between the floating roof and the tank wall; and
(ii) For vapor-mounted seals, the area of accumulated gaps between the secondary seal and the tank wall shall not exceed 21.2 square centimeters per meter (cm2) of tank diameter (1.0 square inches (in2) per foot of tank diameter).
c. All openings in the external floating roof, except for automatic bleeder vents, rim space vents, and leg sleeves, are:
(i) Equipped with covers, seals, or lids in the closed position except when the openings are in actual use; and
(ii) Equipped with projections into the tank which remain below the liquid surface at all times.
d. Automatic bleeder vents are closed at all times except when the roof is floated off or landed on the roof leg supports;
e. Rim vents are set to open only when the roof is being floated off the leg supports or at the manufacturer's recommended setting; and
f. Emergency roof drains are provided with slotted membrane fabric covers or equivalent covers at least 90 percent of the area of the opening;
g. The owner or operator of a petroleum liquid storage vessel subject to this Part shall:
(i) Perform annual inspections to ensure compliance with this Part, including a visual inspection of the secondary seal gap; and
(ii) Measure the secondary seal gap annually when the floating roof is equipped with a vapor-mounted seal; and
(iii) Maintain records of the results of (2)(g)(i) and (ii) above and of the throughput quantities and types of petroleum liquids stored.
3. Compliance Schedules
a. The owner or operator of a VOC source subject to this Part shall comply with Schedule 1 of Section I, Part D above, for installation of a secondary seal, closure, or other VOC emission reduction device:
b. Any owner or operator of a source subject to any compliance schedule shall certify to the Department within five (5) days after the deadline for each increment of progress, whether the required increment of progress has been met.
Part Q. Manufacture of Synthesized Pharmaceutical Products
1. Applicability
All synthesized pharmaceutical manufacturing plants which emit VOC from any source, including reactors, distillation units, dryers, transfer, or storage of VOC, extraction equipment, filters, crystallizers, and centrifuges are affected.
2. Control Technology Provisions
The owner or operator of a synthesized pharmaceutical manufacturing plant having sources subject to this Part shall:
a. Control the VOC emissions from reactors, distillation operations, crystallizers, centrifuges, and vacuum dryers that have the potential to emit 6.80 kg/day (15 lb/day) or more of VOC. Surface condensers or equivalent controls shall be used, provided that:
(i) If surface condensers are used, the condenser outlet gas temperature must not exceed:
(a) Minus (-) 25 degrees C when condensing VOC of vapor pressure greater than 40.0 kPa (5.8 psi) measured at 20 degrees C,
(b) Minus (-) 15 degrees C when condensing VOC of vapor pressure greater than 20.0 kPa (2.9 psi) measured at 20 degrees C,
(c) 0 degrees C when condensing VOC of vapor pressure greater than 10.0 kPa (1.5 psi) measured at 20 degrees C,
(d) 10 degrees C when condensing VOC of vapor pressure greater than 7.0 kPa (1.0 psi) measured at 20 degrees C, or
(e) 25 degrees C when condensing VOC of vapor pressure greater than 3.50 kPa (0.5 psi) measured at 20 degrees C.
(ii) If other controls are used, the VOC emissions must be reduced by the equivalent of a surface condenser which meets the requirements of Part (a)(i) above.
b. Reduce the VOC emissions from air dryers and production equipment exhaust systems;
(i) By at least 90 percent if emissions are 150 kg/day (330 lb/day) or more of VOC; or
(ii) To 15.0 kg/day (33 lb/day) or less if emissions are less than 150 kg/day (330 lb/day) of VOC.
c. For storage tanks:
(i) Provide a vapor balance system or equivalent control that is at least 90 percent effective in reducing emissions from truck or railcar deliveries to storage tanks with capacities greater than 7,500 L (2,000 gallons) that store VOC with vapor pressures greater than 28.0 kPa (4.1 psi) at 20 degrees C; and
(ii) Install pressure/vacuum conservation vents set at plus or minus (±) 0.2 kPa on all storage tanks that store VOC with vapor pressures greater than 10.0 kPa (1.5 psi) at 20 degrees C, unless a more effective control system is used.
d. Enclose centrifuges, rotary vacuum filters, and other filters which process liquids containing VOC with vapor pressures of 3.50 kPa (0.5 psi) or more at 20 degrees C.
e. Install covers on in-process tanks containing a VOC at any time. These covers must remain closed, unless production, sampling, maintenance, or inspection procedures require operator access.
f. Repair leaks from which a liquid containing VOC can be observed running or dripping. The repair shall be completed the first time the equipment is off line for a period of time long enough to complete the repair.
3. Compliance Schedule
a. The owner or operator of a VOC source subject to this Part shall comply with Schedule 1 of Section I, Part D above.
b. Any owner or operator of a source subject to any compliance schedule shall certify to the Department within five (5) days after the deadline for each increment of progress, whether the required increment of progress has been met.
Part R. Manufacture of Pneumatic Rubber Tires
1. Applicability
Affected sources include the following operations in all plants for the "Manufacture of Pneumatic Rubber Tires:" Undertread cementing, tread end cementing, bead dipping, and green tire spraying.
2. Control Technology Provisions
The owner or operator of an undertread cementing, tread end cementing, or bead dipping operation subject to this Part shall:
a. Install and operate a capture system, designed to achieve maximum reasonable capture, up to 85 percent by weight of VOC emitted, from all undertread cementing, tread end cementing and bead dipping operations. Maximum reasonable capture shall be consistent with the following documents:
(i) Industrial Ventilation, A Manual of Recommended Practices, 14th Edition, American Federation of Industrial Hygienists.
(ii) Recommended Industrial Ventilation Guidelines, U.S. Department of Health, Education, and Welfare, National Institute of Occupational Safety and Health.
b. Install and operate a control device that meets the requirements of one of the following:
(i) A carbon adsorption system designed and operated in a manner such that there is at least a 95 percent removal of VOC by weight from the gases ducted to the control device; or
(ii) An incineration system that oxidizes at least 90 percent of the nonmethane VOC (VOC measured as total combustible carbon) which enter the incinerator to carbon dioxide and water.
(iii) An alternative VOC emission reduction system certified by the owner or operator to have at least a 90.0 percent reduction efficiency, measured across the control system, that has been approved by the Department.
3. The owner or operator of a green tire spraying operation subject to this Part must implement one of the following means of reducing VOC emissions:
a. Substitute water-based sprays for the normal solvent-based mold release compound; or
b. Install a capture system designed and operated in a manner that will capture and transfer at least 90 percent of the VOC emitted by the green tire spraying operation to a control device; and
c. In addition to Part b above, install and operate a control device that meets the requirements of one of the following:
(i) A carbon adsorption system designed and operated in a manner such that there is at least 95 percent removal of VOC by weight from the gases ducted to the control device; or
(ii) An incineration system that oxidizes at least 90 percent of the nonmethane VOC (VOC measured as total combustible carbon) to carbon dioxide and water.
(iii) An alternative VOC emission reduction system certified by the owner or operator to have at least a 90.0 percent reduction efficiency, measured across the control system, that has been approved by the Department.
4. Compliance Schedules
a. The owner or operator of a VOC source subject to this Part shall comply with Schedule 1 of Section I, Part D above.
b. The owner or operator of a source subject to any compliance schedule shall certify to the Department within five (5) days after the deadline for each increment of progress, whether the required increment of progress has been met.
Part S. Cutback Asphalt
1. Control Provisions
No person may cause, allow, or permit the use or application of cutback asphalt except:
a. When used solely as a penetrating prime coat; or
b. When long-life asphalt mix stockpile storage is required; or
c. When application is to be made during the months of January, February, or December.
2. Compliance Schedules
a. The owner or operator of a VOC source subject to this Part shall comply with Schedule 1 of Section I, Part D above.
b. Any owner or operator of a source subject to any compliance schedule shall certify to the Department within five (5) days after the deadline for each increment of progress, whether the required increment of progress has been met.
Part T. Bulk Gasoline Terminals and Vapor Collection Systems
1. Applicability
This Standard will apply to all bulk gasoline terminals and the appurtenant equipment necessary to load or unload gasoline tank trucks.
2. Control Technology
No person may load or unload a gasoline tank truck at any bulk gasoline terminal subject to this Part unless:
a. The bulk gasoline terminal is equipped with a vapor control system, properly installed, in good working order, in operation, and consisting of one of the following:
(i) An adsorber or condensation system which may not allow mass emissions of VOC to exceed 4.7 grains per gal (80 milligrams per L) of gasoline loaded; or
(ii) A vapor collection system which directs all vapors to a fuel gas system; or
(iii) Alternative controls as allowed under Section I, Part C above.
b. All displaced vapors and gases are vented only to the vapor control system; and
c. A means is provided to prevent liquid drainage from the loading device when it is not in use or to accomplish complete drainage before the loading device is disconnected; and
d. All loading and vapor lines are equipped with fittings which make vapor-tight connections and which close automatically when disconnected.
3. Sources affected by this Part may not:
a. Allow avoidable visible liquid leaks during loading or unloading operations; nor
b. Allow the pressure in the vapor collection system to exceed the gasoline tank truck pressure relief settings; nor
c. Allow gasoline to be discarded in sewers nor stored in open containers nor handled in any manner that would result in evaporation.
4. Compliance Schedules
a. The owner or operator of a VOC source subject to this Part shall comply with Schedule 1 of Section I, Part D above.
b. Any owner or operator of a source subject to any compliance schedule shall certify to the Department within five (5) days after the deadline for each increment of progress, whether the required increment of progress has been met.
HISTORY: Amended by State Register Volume 36, Issue No. 8, eff August 24, 2012 (errata); State Register Volume 37, Issue No. 4, eff April 26, 2013; State Register Volume 39, Issue No. 11, Doc. No. 4577, eff November 27, 2015.
Editor's Note
Scrivener's error corrected in 2017, in Part N, 4, a, deleting duplicated paragraphs (iii), (iv), and (v).
STANDARD NO. 5.1. REPEALED by State Register Volume 39, Issue No. 6, Doc. No. 4481, eff June 26, 2015.
Editor's Note
Former R. 61-62.5 St 5.1 was titled BEST AVAILABLE CONTROL TECHNOLOGY (BACT)/LOWEST ACHIEVABLE EMISSION RATE ("LAER") APPLICABLE TO VOLATILE ORGANIC COMPOUNDS and had the following history: Amended by State Register Volume 36, Issue No. 9, eff September 28, 2012 (errata); State Register Volume 37, Issue No. 4, eff April 26, 2013.
STANDARD NO. 5.2 CONTROL OF OXIDES OF NITROGEN (NOX)
SECTION I - APPLICABILITY
(A) Except as provided in paragraph (B) of this part, the provisions of this regulation shall apply to any stationary source that emits or has the potential to emit oxides of nitrogen (NOX) generated from fuel combustion. A stationary source becomes an affected source under this regulation upon meeting one or more of the criteria specified in paragraphs (A)(1), (A)(2), and (A)(3) below:
(1) Any new source that is constructed after June 25, 2004.
(2) Any existing source where a burner assembly is replaced with another burner assembly after the effective date of this regulation, regardless of size or age of the burner assembly to be replaced shall become an existing affected source and is subject to sections (V), (VI), and (VII) below. The replacement of individual components such as burner heads, nozzles, or windboxes does not trigger affected source status.
(3) Any existing source removed from its presently permitted facility (either from in-state or out-of-state) and moved to another permitted facility in-state after the effective date of this regulation shall be considered a new affected source. Any existing sources relocated between permitted facilities within the State under common ownership shall not become an existing affected source until Section I(A)(2) is triggered.
(B) Exemptions:
The following sources are exempt from all requirements of this regulation unless otherwise specified:
(1) Boilers of less than 10 million British thermal unit per hour (BTU/hr) rated input.
(2) Any source that qualifies as exempt under Regulation 61-62.1, II(B)(2) or II(B)(3).
(3) Any source with total uncontrolled potential to emit less than 5 tons per year of NOX.
(4) Any source which has undergone a Best Available Control Technology (BACT) analysis or Lowest Achievable Emission Rate (LAER) for NOX in accordance with Regulation 61-62.5, Standard No. 7, and 7.1, respectively.
(5) Any stationary internal combustion engine with a mechanical power output of less than two hundred (200) brake horsepower (bhp) or 149kW.
(6) Any device functioning solely as a combustion control device. Waste heat recovery from these combustion control devices shall not be considered primary grounds for exclusion from this exemption.
(7) Any equipment that has NOX limits pursuant to the requirements of 40 Code of Federal Regulations (CFR) Parts 60, 61, or 63 where such limits are equivalent to, or more stringent than, the requirements of this regulation.
(8) Any source that has NOX limits pursuant to the requirements of Regulation 61-62.96, where such limits are equivalent to, or more stringent than, the requirements of this regulation.
(9) Any source that has NOX limits pursuant to the requirements of Regulation 61-62.97, Cross-State Air Pollution Rule (CSAPR) Trading Program, where such limits are equivalent to, or more stringent than, the requirements of this regulation.
(10) Any source that has NOX limits pursuant to the requirements of Regulation 61-62.99.
(11) Air Curtain Incinerators.
(12) Engines Test Cells and/or Stands.
(13) Portable and temporary internal combustion (IC) engines such as those associated with generators, air compressors, or other applications provided that they fall in the categories listed in 40 CFR Part 89, (Control of Emissions from New and In-Use Nonroad Compression-Ignition Engines), 40 CFR Part 1039 (Control of Emissions from New and In-Use Nonroad Compression-Ignition Engines), and 40 CFR Part 1068 (General Compliance Provisions for Highway, Stationary, and Nonroad Programs).
(14) Combustion sources that operate at an annual capacity factor of ten (10) percent or less per year.
(15) Special use burners, such as startup/shutdown burners, that are operated less than 500 hours a year are exempt from the existing source replacement requirements.
(16) Liquor guns on a recovery boiler are only exempt from the standard requirements in Section IV below.
(17) Portable sources such as asphalt plants or concrete batch plants are considered existing sources only and become existing affected sources when the burner assembly is replaced under Section I(A)(2).
(18) The Department reserves the right to consider any other exemptions from this regulation on a case-by-case basis as appropriate.
SECTION II - DEFINITIONS
For the purposes of this regulation, the following definitions shall apply:
(A) Annual Capacity Factor: Means the ratio between the actual heat input to a combustion unit from the fuels during a calendar year and the potential heat input to the steam generating unit had it been operated for 8,760 hours during a calendar year at the maximum steady state design heat input capacity.
(B) Burner Assembly: Means any complete, pre-engineered device that combines air (or oxygen) and fuel in a controlled manner and admits this mixture into a combustion chamber in such a way as to ensure safe and efficient combustion. A self-contained chamber such as is found on a combustion turbine is not a burner assembly for the purposes of this regulation.
(C) Case-by-Case NOX Control: Means an emissions limitation based on the maximum degree of reduction for NOX which would be emitted from any new source which the Department, on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such source through application of production processes or available methods, systems, and techniques. In no event shall application of NOX control result in emissions of any pollutant which would exceed the emissions allowed by any applicable standard. If the Department determines that technological or economic limitations on the application of measurement methodology to a particular source would make the impositions of an emission standard infeasible, a design, equipment, work practice, operational standard, or combination thereof, may be prescribed instead to satisfy the requirement for the application of NOX control. Such standard shall, to the degree possible, set forth the emissions reduction achievable by implementation of such design, equipment, work practice or operation, and shall provide for compliance by means which achieve equivalent results.
(D) Combustion Control Device: Means, but is not limited to, any equipment that is used to destroy or remove air pollutant(s) prior to discharge to the atmosphere, excluding boilers, process heaters, dryers, furnaces, digesters, ovens, combustors, and similar combustion devices. Such equipment includes, but is not limited to, thermal oxidizers, catalytic oxidizers, and flares.
(E) Constructed: Means the on-site fabrication, erection, or installation of the NOX emitting source.
(F) Equivalent Technology: Means any item that is identical or functionally equivalent to the existing component. This component may serve the same purpose or function as the replaced component, but may be different in some respects or improved in some ways.
(G) Existing affected source: Means sources constructed on or before June 25, 2004, and that meet the applicability requirements of Section I(A)(2).
(H) Fuel: Means the following fuels, any combination of the fuels or any combustible material the Department determines to be a fuel including, but not limited to:
(1) Virgin fuel, waste, waste fuel, and clean wood (biomass fuel) as defined in Regulation 61-62.1.
(2) Biodiesel: Means a mono-alkyl ester derived from vegetable oil and animal fat and conforming to ASTM D6751.
(3) Biofuel: Means any biomass-based solid fuel that is not a solid waste. This includes, but is not limited to, animal manure, including litter and other bedding materials; vegetative agricultural and silvicultural materials, such as logging residues (slash), nut and grain hulls and chaff (for example, almond, walnut, peanut, rice, and wheat), bagasse, orchard prunings, corn stalks, coffee bean hulls and grounds.
(4) Digester gas: Means any gaseous by-product of wastewater treatment typically formed through the anaerobic decomposition of organic waste materials and composed principally of methane and CO2.
(5) Fossil Fuel: Means natural gas, petroleum, coal, and any form of solid, liquid, or gaseous fuel derived from such material for the purpose of creating useful heat. Petroleum for facilities constructed, reconstructed, or modified before May 4, 2011, means crude oil or a fuel derived from crude oil, including, but not limited to, distillate oil and residual oil. For units constructed, reconstructed, or modified after May 3, 2011, petroleum means crude oil or a fuel derived from crude oil, including, but not limited to, distillate oil, residual oil, and petroleum coke.
(6) Landfill Gas: Means a gaseous by-product of the land application of municipal refuse typically formed through the anaerobic decomposition of waste materials and composed principally of methane and CO2.
(I) New affected source: Means any affected source which has been constructed after June 25, 2004, or meets the applicability requirements of Section I(A)(3). A new affected source will not be considered an existing affected source at burner assembly replacement under Section I(A)(2).
(J) Non-routine maintenance is an unforeseen failure of a single burner assembly in an existing affected source with multiple burner application forcing an unplanned replacement of the existing burner.
(K) Source: Means a stationary NOX emission unit, comprised of one or more burners.
SECTION III - STANDARD REQUIREMENTS FOR NEW AFFECTED SOURCES
(A) Those affected sources as defined in Section I(A)(1) and (A)(3) above shall apply NOX controls to achieve the limitations provided in Table 1 of this section. Unless otherwise noted, all emission limits for affected sources required to use Continuous Emissions Monitoring (CEMS) shall be based on thirty (30) day rolling averages.
(B) An affected source may request an alternate control limitation by submitting a demonstration that the alternate limitation is a Case-by-Case NOX Control as defined in Section II above.
(C) The Department reserves the right to request that the owner or operator submit additional information for those affected sources that request alternate control limitation in accordance with Section III(B) above.
(D) Affected sources required to install post combustion technology for the control of NOX shall be required to use post combustion for the control of NOX during the ozone season.
Table 1 - NOX Control Standards
Source Type
Emission Limit
Propane and/or Natural Gas-Fired Boilers
=10 million British thermal units per hour (MMBtu/hr) and
< 100 MMBtu/hr
Low-NOX Burners or equivalent technology, shall achieve 0.036 pounds per million British thermal units (lb/MMBtu)
=100 MMBtu/hr
Low-NOX Burners + Flue Gas Recirculation or equivalent technology, shall achieve 0.036 lb/MMBtu
Distillate Oil-Fired Boilers
=10 MMBtu/hr and
< 100 MMBtu/hr
Low-NOX Burners or equivalent technology, shall achieve 0.15 lb/MMBtu
=100 MMBtu/hr
Low-NOX Burners + Flue Gas Recirculation or equivalent technology, shall achieve 0.14 lb/MMBtu
Residual Oil-Fired Boilers
=10 MMBtu/hr and
< 100 MMBtu/hr
Low-NOX Burners or equivalent technology, shall achieve 0.3 lb/MMBtu
=100 MMBtu/hr
Low-NOX Burners + Flue Gas Recirculation or equivalent technology, shall achieve 0.3 lb/MMBtu
Multiple Fuel Boilers
The emission limits for boilers burning multiple fuels are calculated in accordance with the formulas below. Additional fuels or combination of fuels not otherwise listed in this table shall be addressed on a case-by-case basis.
=10 MMBtu/hr and
< 100 MMBtu/hr
En = [(0.036 lb/MMBtu Hng) + (0.15 lb/MMBtu Hdo) + (0.3 lb/MMBtu Hro) + (0.35 lb/MMBtu Hc) + (0.2 lb/MMBtu Hw)]/(Hng + Hdo+ Hro + Hc + Hw)
where:
En is the nitrogen oxides emission limit (expressed as nitrogen dioxide (NO2)), ng/J (lb/million Btu),
Hng is the heat input from combustion of natural gas, and/or propane,
Hdo is the heat input from combustion of distillate oil,
Hro is the heat input from combustion of residual oil,
Hc is the heat input from combustion of coal, and
Hw is the heat input from combustion of wood residue.
=100 MMBtu/hr
En = [(0.036 lb/MMBtu Hng) + (0.14 lb/MMBtu Hdo) + (0.3 lb/MMBtu Hro) + (0.25 lb/MMBtu Hc) + (0.2 lb/MMBtu Hw)]/(Hng + Hdo+ Hro + Hc + Hw)
where:
En is the nitrogen oxides emission limit (expressed as NO2), ng/J (lb/million Btu),
Hng is the heat input from combustion of natural gas, and/or propane,
Hdo is the heat input from combustion of distillate oil,
Hro is the heat input from combustion of residual oil,
Hc is the heat input from combustion of coal, and
Hw is the heat input from combustion of wood residue.
Wood Residue Boilers
All types
Combustion controls to minimize NOX emissions or equivalent technology, shall achieve 0.20 lb/MMBtu
Coal-Fired Stoker Fed Boilers
< 250 MMBtu/hr
Combustion controls to minimize NOX emissions or equivalent technology, shall achieve 0.35 lb/MMBtu
= 250 MMBtu/hr
Combustion controls to minimize NOX emissions or equivalent technology, shall achieve 0.25 lb/MMBtu
Pulverized Coal-Fired Boilers
< 250 MMBtu/hr
Low-NOX Burners + Combustion controls to minimize NOX emissions or equivalent technology, shall achieve 0.35 lb/MMBtu
= 250 MMBtu/hr
Low-NOX Burners + Combustion controls to minimize NOX emissions + Selective Catalytic Reduction (SCR) or equivalent technology, shall achieve 0.14 lb/MMBtu
Municipal Refuse-Fired Boilers
< 250 MMBtu/hr
Combustion modifications to minimize NOX emissions + Flue Gas Recirculation or equivalent technology, shall achieve 195 ppmv at 12 percent CO2 (0.35 lb/MMBtu)
= 250 MMBtu/hr
Staged Combustion and Automatic Combustion Air Control + SCR or equivalent technology, shall achieve 0.18 lb/MMBtu
Internal Combustion Engines
Compression Ignition
Timing Retard = 4 degrees + Turbocharger with Intercooler or equivalent technology, shall achieve 490 ppmv at 15 percent O2 (7.64 gram per bhp-hour (gm/bhp-hr))
Spark Ignition
Lean-Burn Technology or equivalent technology, shall achieve 1.0 gm/bhp-hr
Landfill or Digester Gas-Fired
Lean-Burn Technology or equivalent technology, shall achieve 1.25 gm/bhp-hr
Gas Turbines
Simple Cycle - Natural Gas
< 50 Megawatts
Combustion Modifications (for example, dry low-NOX combustors) to minimize NOX emissions or equivalent technology, shall achieve 25 ppmv at 15 percent O2 Dry Basis
= 50 Megawatts
Combustion Modifications (for example, dry low-NOX combustors) to minimize NOX emissions or equivalent technology, shall achieve 9.0 ppmv at 15 percent O2 Dry Basis
Combined Cycle - Natural Gas
< 50 Megawatts
Dry Low-NOX Combustors or equivalent technology, shall achieve 9.0 ppmv at 15 percent O2 Dry Basis
= 50 Megawatts
Dry Low-NOX Combustors + SCR or equivalent technology, shall achieve 3.0 ppmv at 15 percent O2 Dry Basis
Simple Cycle - Distillate Oil Combustion
< 50 Megawatts
Combustion Modifications and water injection to minimize NOX emissions or equivalent technology, shall achieve 42 ppmv at 15 percent O2 Dry Basis
= 50 Megawatts
Combustion Modifications and water injection to minimize NOX emissions or equivalent technology, shall achieve 42 ppmv at 15 percent O2 Dry Basis
Combined Cycle - Distillate Oil Combustion
< 50 Megawatts
Dry Low-NOX Combustors with water injection or equivalent technology, shall achieve 42 ppmv at 15 percent O2 Dry Basis
= 50 Megawatts
Dry Low-NOX Combustors, water injection, and SCR or equivalent technology, shall achieve 10 ppmv at 15 percent O2 Dry Basis
Landfill Gas-Fired
Water or steam injection or low-NOX turbine design or equivalent technology, shall achieve 25 ppmv at 15 percent O2 Dry Basis
Fluidized Bed Combustion (FBC) Boiler
Bubbling Bed
Selective Non-catalytic Reduction (SNCR) shall achieve 0.15 lbs/MMBtu
Circulating Bed
SNCR shall achieve 0.07 lbs/MMBtu
Other
Recovery Furnaces
Fourth (4th) level or air to recovery furnace/good combustion practices or equivalent technology, shall achieve 100 ppmv at 8 percent O2 Dry Basis
Cement Kilns
Low-NOX burners or equivalent technology, shall achieve 30 percent reduction from uncontrolled levels.
Lime Kilns
Combustion controls or equivalent technology, shall achieve 175 ppmv at 10 percent O2 Dry Basis.
Fuel Combustion Sources burning any non-specified fuel not listed in Table above. (Examples include but are not limited to process heaters not meeting the definition of "boiler" in Regulation 61-62.1 Section I, dryers, furnaces, ovens, duct burners, incinerators, and smelters)
Low-NOX burners or equivalent technology, shall achieve 30 percent reduction from uncontrolled levels.
SECTION IV - MONITORING, RECORD KEEPING, AND REPORTING REQUIREMENTS FOR NEW AFFECTED SOURCES
(A) Boilers
With the exception of fuel certification and tune-up requirements, compliance with required NOX monitoring in 40 CFR Part 60 shall constitute compliance with the monitoring requirements in this section.
Affected sources that are not subject to 40 CFR Part 60 shall comply with the applicable requirements in this section.
(1) CEMS
(a) Except as allowed by the Department, the owner or operator of a boiler rated two hundred (200) MMBtu/hr or greater permitted for solid fuel, shall install, calibrate, maintain, and operate CEMS for measuring NOX, and Oxygen (O2) or Carbon Dioxide (CO2) emissions discharged to the atmosphere, and shall record the output of the system.
(b) The CEMS required under this section shall be operated and data recorded during all periods of operation of the affected source except for CEMS breakdowns and repairs. Data is to be recorded during calibration checks and zero and span adjustments.
(c) The CEMS required under this section shall be installed, calibrated, maintained, and operated in accordance with approved methods in Regulation 61-62.60 or 61-62.72, or as approved by the Department.
(d) Excess Emissions
Excess emissions and monitoring systems performance reports shall be submitted semiannually. All reports shall be postmarked by the thirtieth (30th) day following the end of each six (6) month period. Written reports of excess emissions shall include the following information:
(i) The magnitude of excess emissions, any conversion factor(s) used, the date and time of commencement and completion of each time period of excess emissions, the process operating time during the reporting period.
(ii) Specific identification of each period of excess emissions that occurs during malfunctions of the affected source. The nature and cause of any malfunction (if known), the corrective action taken, or preventative measures adopted.
(iii) 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.
(iv) 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 reports.
(2) Periodic Monitoring and/or Source Test
(a) Unless required to operate a CEMS, testing requirements apply to boilers rated thirty (30) MMBtu/hr or greater permitted for solid fuels and boilers rated greater than one hundred (100) MMBtu/hr permitted for any other fuels.
(b) Except as allowed by the Department, an initial source test for NOX emissions shall be conducted within one hundred and eighty (180) days after startup.
(c) Periodic source tests for NOX shall be conducted every twenty-four (24) months, or as determined by the Department on a case by case basis in the permit condition for the affected source. Source tests will be used to show compliance with the NOX standard.
(d) The Department reserves the right to require periodic source testing for any affected sources. All source testing shall be conducted in accordance with Regulation 61-62.1, Section IV.
(3) Fuel Certification
The owner or operator shall record monthly records of the amounts and types of each fuel combusted and maintain these records on site.
(4) Tune-ups
If the owner or operator of a boiler is required to comply with federal tune-up requirements in 40 CFR Part 63, then the federal requirements shall meet the compliance requirements of this paragraph. If the owner or operator of a boiler is not subject to the federal tune-up requirements (40 CFR Part 63), then the following requirements are applicable:
(a) The first tune-up shall be conducted no more than twenty-four (24) months from start-up of operation for new affected sources.
(b) The owner or operator shall perform tune-ups every twenty-four (24) months in accordance with manufacturer's specifications or with good engineering practices.
(c) All tune-up records are required to be maintained on site and available for inspection by the Department for a period of five (5) years from the date generated.
(d) The owner or operator shall develop and retain a tune-up plan on file.
(5) Other Requirements
The owner or operator shall maintain records of the occurrence and duration of any malfunction in the operation of an affected source; any malfunction of the air pollution control equipment; and any periods during which a continuous monitoring system or monitoring device is inoperative.
(B) Internal Combustion Engines
With the exception of fuel certification and tune-up requirements, compliance with required NOX monitoring in 40 CFR Part 60 shall constitute compliance with the monitoring requirements in this section.
Affected sources that are not subject to 40 CFR Part 60 shall comply with all applicable requirements in this section.
The owner or operator of an affected source shall comply with either (B)(1) or (B)(2) below.
(1) Manufacturer's Certification
(a) Operate and maintain the stationary internal combustion engine and control device according to the manufacturer's emission-related written instructions;
(b) Change only those emission-related settings that are permitted by the manufacturer.
(2) Periodic Monitoring and/or Source Test
(a) Except as allowed by the Department, an initial source test for NOX shall be conducted within one hundred eighty (180) days after startup.
(b) Periodic source tests for NOX shall be conducted every twenty-four (24) months, or as determined by the Department on a case by case basis in the permit condition for the affected source. Source tests will be used to show compliance with the NOX standard.
(c) The owner or operator shall operate the affected source(s) within the parameter(s) established during the most recent compliant source tests. A copy of the most recent Department issued source test summary letter(s) that established the parameter(s) shall be maintained with the required permit.
(d) The Department reserves the right to require periodic source testing for any affected sources. All source testing shall be conducted in accordance with Regulation 61-62.1, Section IV.
(3) Tune-Ups
If the owner or operator of an internal combustion engine is required to comply with federal requirements in 40 CFR Part 63 for the internal combustion engine, then the federal requirements shall meet the tune-up requirements of this section. If the owner or operator of an internal combustion engine is not subject to the federal tune-up requirements (40 CFR Part 63), then the following requirements are applicable:
(a) The owner or operator shall perform tune-ups every twenty-four (24) months in accordance with manufacturer's specifications or with good engineering practices.
(b) All tune-up records are required to be maintained on site and available for inspection by the Department for a period of five (5) years from the date generated.
(c) The owner or operator shall develop and retain a tune-up plan on file.
(4) Fuel Certification
The owner or operator shall record monthly the amounts and types of each fuel combusted by the affected sources and maintain these records on site.
(5) Other Requirements
The owner or operator shall maintain records of the occurrence and duration of any malfunction in the operation of an affected source; any malfunction of the air pollution control equipment; and any periods during which a continuous monitoring system or monitoring device is inoperative.
(C) Turbines
With the exception of fuel certification and tune-up requirements, compliance with required NOX monitoring in 40 CFR Part 60 shall constitute compliance with the monitoring requirements in this section.
Affected sources that are not subject to 40 CFR Part 60 shall comply with all applicable requirements in this section.
The owner or operator of an affected source shall comply with either (C)(1) or (C)(2) below.
(1) CEMS
(a) Except as allowed by the Department, the owner or operator shall install, calibrate, maintain, and operate CEMS on the turbine for measuring NOX, and Oxygen (O2) or Carbon Dioxide (CO2) emissions discharged to the atmosphere, and shall record the output of the system.
(b) The CEMS required under this section shall be operated and data recorded during all periods of operation of the affected source except for CEMS breakdowns and repairs. Data is to be recorded during calibration checks and zero and span adjustments.
(c) The CEMS required under this section shall be installed, calibrated, maintained, and operated in accordance with approved methods in Regulation 61-62.60 or 61-62.72, or as approved by the Department.
(d) Excess Emissions
Excess emissions and monitoring systems performance reports shall be submitted semiannually. All reports shall be postmarked by the thirtieth (30th) day following the end of each six (6) month period. Written reports of excess emissions shall include the following information:
(i) The magnitude of excess emissions, any conversion factor(s) used, the date and time of commencement and completion of each time period of excess emissions, and the process operating time during the reporting period.
(ii) Specific identification of each period of excess emissions that occurs during startups, shutdowns, and malfunctions of the affected source. The nature and cause of any malfunction (if known), the corrective action taken, or preventative measures adopted.
(iii) 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.
(iv) 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 reports.
(2) Parametric Monitoring
(a) Unless required to operate a CEMS, the owner or operator using water or steam injection to control NOX shall install, calibrate, maintain, and operate a continuous monitoring system to monitor and record the fuel consumption and the ratio of water or steam to fuel being fired in the turbine.
(b) Unless required to operate a CEMS, the owner or operator using a diffusion flame turbine without add-on selective catalytic reduction controls (SCR) to control NOX, shall define at least four parameters indicative of the unit's NOX formation characteristics and shall monitor these parameters continuously.
(c) Unless required to operate a CEMS, for any lean premix stationary combustion turbine, the owner or operator shall continuously monitor the appropriate parameters to determine whether the unit is operating in low-NOX mode.
(d) Unless required to operate a CEMS, for any turbine that uses SCR to reduce NOX, the owner or operator shall continuously monitor appropriate parameters to verify the proper operation of the emission controls.
(3) Periodic Monitoring and/or Source Test
(a) This requirement only applies to turbines not required to operate a CEMS.
(b) The steam or water to fuel ratio or other parameters that are continuously monitored as described in this section shall be monitored during the performance test required under this section to establish acceptable values and ranges. The owner or operator may supplement the performance test data with engineering analyses, design specifications, manufacturer's recommendations, and other relevant information to define the acceptable parametric ranges more precisely. The owner or operator shall develop and keep on-site a parameter monitoring plan which explains the procedures used to document proper operation of the NOX emission controls. The plan shall include the parameter(s) monitored and the acceptable range(s) of the parameter(s) as well as the basis for designating the parameter(s) and acceptable range(s). Any supplemental data such as engineering analyses, design specifications, manufacturer's recommendations, and other relevant information shall be included in the monitoring plan.
(c) Except as allowed by the Department, an initial source test for NOX emissions shall be conducted within one hundred eighty (180) days after startup.
(d) Periodic source tests for NOX shall be conducted every twenty-four (24) months, or as determined by the Department on a case by case basis in the permit condition for the affected source. Source tests will be used to show compliance with the NOX standard.
(e) The Department reserves the right to require periodic source testing for any affected sources. All source testing shall be conducted in accordance with Regulation 61-62.1, Section IV.
(4) Tune-Ups
(a) The owner or operator shall perform tune-ups every twenty-four (24) months in accordance with manufacturer's specifications or with good engineering practices.
(b) All tune-up records are required to be maintained on site and available for inspection by the Department for a period of five (5) years from the date generated.
(c) The owner or operator shall develop and retain a tune-up plan on file.
(5) Fuel Certification
The owner or operator shall record monthly the amounts and types of each fuel combusted by the affected sources and maintain these records on site.
(6) Other Requirements
The owner or operator shall maintain records of the occurrence and duration of any malfunction in the operation of an affected source; any malfunction of the air pollution control equipment; or any periods during which a continuous monitoring system or monitoring device is inoperative.
(D) All Other Affected Source Types
With the exception of fuel certification and tune-up requirements, compliance with required NOX monitoring in 40 CFR Part 60 shall constitute compliance with the monitoring requirements in this section.
If the owner or operator is not required to comply with federal requirements in 40 CFR Part 60 for monitoring NOX, then the monitoring requirements for the affected source shall be established on a case by case basis.
(1) Tune-Ups
(a) The owner or operator of a combustion source shall perform tune-ups every twenty-four (24) months in accordance with manufacturer's specifications or with good engineering practices.
(b) All tune-up records are required to be maintained on site and available for inspection by the Department for a period of five (5) years from the date generated.
(c) The owner or operator shall develop and retain a tune-up plan on file.
(2) Periodic Monitoring and/or Source Test
(a) Except as allowed by the Department, an initial source test for NOX shall be conducted within one hundred eighty (180) days after startup.
(b) Periodic source tests for NOX shall be conducted every twenty-four (24) months, or as determined by the Department on a case by case basis in the permit condition for the affected source. Source tests will be used to show compliance with the NOX standard.
(c) The Department reserves the right to require periodic source tests for any affected sources. All source testing shall be conducted in accordance with Regulation 61-62.1, Section IV.
(3) Fuel Certification
The owner or operator shall record and maintain monthly records of the amounts and types of each fuel combusted by the affected sources and maintain these records on site.
(4) Other Requirements
The owner or operator shall maintain records of the occurrence and duration of any malfunction in the operation of an affected source; any malfunction of the air pollution control equipment; or any periods during which a continuous monitoring system or monitoring device is inoperative.
SECTION V - STANDARD REQUIREMENTS FOR EXISTING AFFECTED SOURCES
(A) For those affected sources subject to the requirements of this regulation as defined in Section I(A)(2) above where an existing burner assembly is replaced after the effective date of this regulation, the burner assembly shall be replaced with a low-NOX burner assembly or equivalent technology, and shall achieve a thirty (30) percent reduction from uncontrolled NOX emission levels based upon manufacturer's specifications. An exemption from this requirement shall be granted when a single burner assembly is being replaced in an affected source with multiple burners due to non-routine maintenance.
(B) For those sources defined in Section I(A)(2) above where an existing burner assembly is replaced after the effective date of this regulation, the owner or operator shall notify and register the replacement with the Department in accordance with Section VI below.
(C) An affected source may request an alternative control methodology to the one specified in paragraph (A) above of this section provided that they can demonstrate to the Department why the NOX control limits specified are not economically or technically feasible for this specific circumstance. The Department reserves the right to request that the owner or operator submit additional information as necessary for the alternative control methodology determination. Alternative control methodologies granted under this part are not effective until notification is submitted to and approved by the Department.
SECTION VI - NOTIFICATION REQUIREMENTS FOR EXISTING AFFECTED SOURCES
(A) Burner Assembly Replacement Notifications for Existing Affected Sources
(1) Except for those affected sources that wish to request an alternative control methodology as specified in Section V(C) above, the notification requirements specified in this section shall apply only to existing affected sources as defined in Section I(A)(2) above where an existing burner assembly is replaced after the effective date of this regulation.
(2) Within seven (7) days of replacing an existing burner assembly, the owner or operator shall submit written notification to register the replacement unit with the Department.
(3) Notification shall satisfy the permitting requirements consistent with Regulation 61-62.1, Section II(a).
(4) Notification shall contain replacement unit information as requested in the format provided by the Department. Replacement unit information shall include, at a minimum, all affected units at the source and the date the replacement unit(s) commenced operation.
(5) Those affected sources that wish to receive an emission reduction credit for the control device will be required to submit a permit application prior to replacement of the burner assembly(s).
SECTION VII - TUNE-UP REQUIREMENTS FOR EXISTING SOURCES
(A) The owner or operator shall perform tune-ups every twenty-four (24) months in accordance with manufacturer's specifications or with good engineering practices. Tune-ups shall be conducted no more than twenty-four (24) months from replacement of a burner assembly for affected existing sources. Each subsequent tune-up shall be conducted no more than twenty-four (24) months after the previous tune-up.
(B) All tune-up records are required to be maintained on site and available for inspection by the Department for a period of five (5) years from the date generated.
(C) The owner or operator shall develop and retain a tune-up plan on file.
HISTORY: Amended by State Register Volume 36, Issue No. 12, eff December 28, 2012 (errata); State Register Volume 40, Issue No. 6, Doc. No. 4590, eff June 24, 2016; State Register Volume 41, Issue No. 8, Doc. No. 4750, eff August 25, 2017; SCSR 44-4 Doc. No. 4873, eff April 24, 2020.
Editor's Note
Scrivener's errors corrected in 2017, in Section I.A.(2) and (3).
Scrivener's error corrected in 2017, in the title for Section III, inserting "Affected" before "Sources".
STANDARD NO. 6. RESERVED
Editor's Note
In State Register Vol. 35, Issue 5, May 27, 2011, Regulation 61-62.5, Standard 6, shall be deleted in its entirety and reserved as follows: SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, AIR POLLUTION CONTROL REGULATIONS AND STANDARDS, REGULATION 61-62.5 AIR POLLUTION CONTROL STANDARDS, STANDARD NO. 6 is Reserved.
STANDARD NO. 7 PREVENTION OF SIGNIFICANT DETERIORATION
(A)(1) [Reserved]
(2) Applicability procedures.
(a) The requirements of this regulation apply to the construction of any new major stationary source (as defined in paragraph (B)(32)) or any project at an existing major stationary source in an area designated as attainment or unclassifiable under 40 Code of Federal Regulations (CFR) 81.341.
(b) The requirements of paragraphs (J) through (R) apply to the construction of any new major stationary source or the major modification of any existing major stationary source, except as this section otherwise provides.
(c) No new major stationary source or major modification to which the requirements of paragraphs (J) through (R)(5) apply shall begin actual construction without a permit that states that the major stationary source or major modification will meet those requirements. The Department has authority to issue any such permit.
(d) The requirements of the program will be applied in accordance with the principles set out in paragraphs (A)(2)(d)(i) through (A)(2)(d)(vi).
(i) Except as otherwise provided in paragraph (A)(2)(e), and consistent with the definition of major modification contained in paragraph (B)(30), a project is a major modification for a regulated New Source Review (NSR) pollutant if it causes two types of emissions increases - a significant emissions increase (as defined in paragraph (B)(50)), and a significant net emissions increase (as defined in paragraphs (B)(34) and (B)(49)). The project is not a major modification if it does not cause a significant emissions increase. If the project causes a significant emissions increase, then the project is a major modification only if it also results in a significant net emissions increase.
(ii) The procedure for calculating (before beginning actual construction) whether a significant emissions increase (that is, the first step of the process) will occur depends upon the type of emissions units being modified, according to paragraphs (A)(2)(d)(iii) through (A)(2)(d)(vi). The procedure for calculating (before beginning actual construction) whether a significant net emissions increase will occur at the major stationary source (that is, the second step of the process) is contained in the definition in paragraph (B)(34). Regardless of any such preconstruction projections, a major modification results if the project causes a significant emissions increase and a significant net emissions increase.
(iii) Actual-to-projected-actual applicability test for projects that only involve existing emissions units. A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the difference between the projected actual emissions (as defined in paragraph (B)(41)) and the baseline actual emissions (as defined in paragraphs (B)(4)(a) and (B)(4)(b)), for each existing emissions unit, equals or exceeds the significant amount for that pollutant (as defined in paragraph (B)(49)).
(iv) Actual-to-potential test for projects that only involve construction of a new emissions unit(s). A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the difference between the potential to emit (as defined in paragraph (B)(37)) from each new emissions unit following completion of the project and the baseline actual emissions (as defined in paragraph (B)(4)(c)) of these units before the project equals or exceeds the significant amount for that pollutant (as defined in paragraph (B)(49)).
(v) [Reserved]
(vi) Hybrid test for projects that involve multiple types of emissions units. A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the difference for all emissions units, using the method specified in paragraphs (A)(2)(d)(iii) and (A)(2)(d)(iv) as applicable with respect to each emissions unit, equals or exceeds the significant amount for that pollutant (as defined in paragraph (B)(49)).
(vii) The "sum of the difference" as used in paragraphs (A)(2)(d)(iii), (A)(2)(d)(iv), and (A)(2)(d)(vi) of this section shall include both increases and decreases in emissions calculated in accordance with those paragraphs.
(e) For any major stationary source with a Plantwide Applicability Limitation (PAL) for a regulated NSR pollutant, the major stationary source shall comply with the requirements under Section (AA).
(B) Definitions. For the purposes of this regulation:
(1)(a) Actual emissions means the actual rate of emissions of a regulated NSR pollutant from an emissions unit, as determined in accordance with paragraphs (B)(1)(b) through (B)(1)(d), except that this definition shall not apply for calculating whether a significant emissions increase has occurred, or for establishing a PAL under Section (AA). Instead, paragraphs (B)(41) and (B)(4) shall apply for those purposes.
(b) In general, actual emissions as of a particular date shall equal the average rate, in tons per year, at which the unit actually emitted the pollutant during a consecutive twenty-four (24)-month period which precedes the particular date and which is representative of normal source operation. The Department shall allow the use of a different time period upon a determination that it is more representative of normal source operation. Actual emissions shall be calculated using the unit's actual operating hours, production rates, and types of materials processed, stored, or combusted during the selected time period.
(c) The Department may presume that source-specific allowable emissions for the unit are equivalent to the actual emissions of the unit.
(d) For any emissions unit that has not begun normal operations on the particular date, actual emissions shall equal the potential to emit of the unit on that date.
(2) Adverse impact on visibility means visibility impairment which interferes with the management, protection, preservation or enjoyment of the visitor's visual experience of the Class I area. This determination must be made on a case-by-case basis taking into account the geographic extent, intensity, duration, frequency and time of visibility impairment, and how these factors correlate with (1) times of visitor use of the Class I area, and (2) the frequency and timing of natural conditions that reduce visibility.
(3) Allowable emissions means the emissions rate of a stationary source calculated using the maximum rated capacity of the source (unless the source is subject to federally enforceable limits which restrict the operating rate, or hours of operation, or both) and the most stringent of the following:
(a) The applicable standards as set forth in 40 CFR Parts 60 and 61;
(b) The applicable State Implementation Plan emissions limitation, including those with a future compliance date; or
(c) The emissions rate specified as a federally enforceable permit condition, including those with a future compliance date.
(4) Baseline actual emissions means the rate of emissions, in tons per year, of a regulated NSR pollutant, as determined in accordance with paragraphs (B)(4)(a) through (B)(4)(d).
(a) For any existing electric utility steam generating unit, baseline actual emissions means the average rate, in tons per year, at which the unit actually emitted the pollutant during any consecutive twenty-four (24)-month period selected by the owner or operator within the five (5)-year period immediately preceding when the owner or operator begins actual construction of the project. The Department shall allow the use of a different time period upon a determination that it is more representative of normal source operation.
(i) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions.
(ii) The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above any emission limitation that was legally enforceable during the consecutive twenty-four (24)-month period.
(iii) For a regulated NSR pollutant, when a project involves multiple emissions units, only one consecutive twenty-four (24)-month period must be used to determine the baseline actual emissions for the emissions units being changed. A different consecutive twenty-four (24)-month period can be used for each regulated NSR pollutant.
(iv) The average rate shall not be based on any consecutive twenty-four (24)-month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required by paragraph (B)(4)(a)(ii).
(b) For an existing emissions unit (other than an electric utility steam generating unit), baseline actual emissions means the average rate, in tons per year, at which the emissions unit actually emitted the pollutant during any consecutive twenty-four (24)-month period selected by the owner or operator within the ten (10)-year period immediately preceding either the date the owner or operator begins actual construction of the project, or the date a complete permit application is received by the Department for a permit required under this section or under a plan approved by the Administrator, whichever is earlier, except that the ten (10)-year period shall not include any period earlier than November 15, 1990. The Department reserves the right to determine if the twenty-four (24)-month period selected is appropriate.
(i) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions.
(ii) The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the consecutive twenty-four (24)-month period.
(iii) The average rate shall be adjusted downward to exclude any emissions that would have exceeded an emission limitation with which the major stationary source must currently comply, had such major stationary source been required to comply with such limitations during the consecutive twenty-four (24)-month period. However, if an emission limitation is part of a maximum achievable control technology standard that the Administrator proposed or promulgated under 40 CFR Part 63, the baseline actual emissions need only be adjusted if the State has taken credit for such emissions reductions in an attainment demonstration or maintenance plan consistent with the requirements of 40 CFR 51.165(a)(3)(ii)(G).
(iv) For a regulated NSR pollutant, when a project involves multiple emissions units, only one consecutive twenty-four (24)-month period must be used to determine the baseline actual emissions for all the emissions units being changed. A different consecutive twenty-four (24)-month period can be used for each regulated NSR pollutant.
(v) The average rate shall not be based on any consecutive twenty-four (24)-month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required by paragraphs (B)(4)(b)(ii) and (B)(4)(b)(iii).
(c) For a new emissions unit, the baseline actual emissions for purposes of determining the emissions increase that will result from the initial construction and operation of such unit shall equal zero; and thereafter, for all other purposes, shall equal the unit's potential to emit.
(d) For a PAL for a stationary source, the baseline actual emissions shall be calculated for existing electric utility steam generating units in accordance with the procedures contained in paragraph (B)(4)(a), for other existing emissions units in accordance with the procedures contained in paragraph (B)(4)(b), and for a new emissions unit in accordance with the procedures contained in paragraph (B)(4)(c).
(5)(a) Baseline area means any intrastate area (and every part thereof) designated as attainment or unclassifiable under Section 107(d)(1)(A)(ii) or (iii) of the Clean Air Act in which the major source or major modification establishing the minor source baseline date would construct or would have an air quality impact for the pollutant for which the baseline date is established, as follows: Equal to or greater than one (1) microgram(s) per cubic meter (µg/m3) (annual average) for SO2, NO2, or PM10; or equal or greater than 0.3 µg/m3 (annual average) for PM2.5.
(b) Area redesignations under Section 107(d)(1)(A)(ii) or 107(d)(1)(A)(iii) of the Clean Air Act cannot intersect or be smaller than the area of impact of any major stationary source or major modification which:
(i) Establishes a minor source baseline date; or
(ii) Is subject to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR 51.166 and would be constructed in the same state as the state proposing the redesignation.
(c) Any baseline area established originally for the TSP increments shall remain in effect and shall apply for purposes of determining the amount of available PM10 increments, except that such baseline area shall not remain in effect if the Department rescinds the corresponding minor source baseline date in accordance with paragraph (B)(31)(d).
(6)(a) Baseline concentration means that ambient concentration level that exists in the baseline area at the time of the applicable minor source baseline date. A baseline concentration is determined for each pollutant for which a minor source baseline date is established and shall include:
(i) The actual emissions, as defined in paragraph (B)(1), representative of sources in existence on the applicable minor source baseline date, except as provided in paragraph (B)(6)(b); and
(ii) The allowable emissions of major stationary sources that commenced construction before the major source baseline date, but were not in operation by the applicable minor source baseline date.
(b) The following will not be included in the baseline concentration and will affect the applicable maximum allowable increase(s):
(i) Actual emissions, as defined in paragraph (B)(1), from any major stationary source on which construction commenced after the major source baseline date; and
(ii) Actual emissions increases and decreases, as defined in paragraph (B)(1), at any stationary source occurring after the minor source baseline date.
(7) Begin actual construction means, in general, initiation of physical on-site construction activities on an emissions unit which are of a permanent nature. Such activities include, but are not limited to, installation of building supports and foundations, laying underground pipework and construction of permanent storage structures. With respect to a change in method of operations, this term refers to those on-site activities other than preparatory activities which mark the initiation of the change.
(8) Best available control technology (BACT) means an emissions limitation (including a visible emission standard) based on the maximum degree of reduction for each pollutant subject to regulation under the Clean Air Act which would be emitted from any proposed major stationary source or major modification which the Department, on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such source or modification through application of production processes or available methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control of such pollutant. In no event shall application of BACT result in emissions of any pollutant which would exceed the emissions allowed by any applicable standard under 40 CFR Part 60, 61, or 63. If the Department determines that technological or economic limitations on the application of measurement methodology to a particular emissions unit would make the imposition of an emissions standard infeasible, a design, equipment, work practice, operational standard, or combination thereof, may be prescribed instead to satisfy the requirement for the application of BACT. Such standard shall, to the degree possible, set forth the emissions reduction achievable by implementation of such design, equipment, work practice or operation, and shall provide for compliance by means which achieve equivalent results.
(9)(a) Building, structure, facility, or installation means all of the pollutant-emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control) except the activities of any vessel. Pollutant-emitting activities shall be considered as part of the same industrial grouping if they belong to the same "Major Group" (that is, which have the same first two digit code) as described in the Standard Industrial Classification Manual, 1972, as amended by the 1977 Supplement (U.S. Government Printing Office stock numbers 4101-0066 and 003-005-00716-0, respectively).
(b) Notwithstanding the provisions of paragraph (B)(9)(a), building, structure, facility, or installation means, for onshore activities under Standard Industrial Classification (SIC) Major Group 13: Oil and Gas Extraction, all of the pollutant-emitting activities included in Major Group 13 that are located on one or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control). Pollutant emitting activities shall be considered adjacent if they are located on the same surface site; or if they are located on surface sites that are located within one-fourth (1/4) of a mile of one another (measured from the center of the equipment on the surface site) and they share equipment. Shared equipment includes, but is not limited to, produced fluids storage tanks, phase separators, natural gas dehydrators or emissions control devices. Surface site, as used in this paragraph (b)(9)(b), has the same meaning as in 40 CFR 63.761.
(10) Clean coal technology means any technology, including technologies applied at the precombustion, combustion, or post combustion stage, at a new or existing facility which will achieve significant reductions in air emissions of sulfur dioxide or nitrogen oxides associated with the utilization of coal in the generation of electricity, or process steam which was not in widespread use as of November 15, 1990.
(11) 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 demonstration of clean coal technology, or similar projects funded through appropriations for the Environmental Protection Agency. The federal contribution for a qualifying project shall be at least twenty (20) percent of the total cost of the demonstration project.
(12) [Reserved]
(13) Commence means, as applied to construction of a major stationary source or major modification that the owner or operator has all necessary preconstruction approvals or permits and either has:
(a) Begun, or caused to begin, a continuous program of actual on-site construction of the source, to be completed within a reasonable time; or
(b) Entered into binding agreements or contractual obligations, which cannot be cancelled or modified without substantial loss to the owner or operator, to undertake a program of actual construction of the source to be completed within a reasonable time.
(14) Complete means, in reference to an application for a permit, that the application contains all of the information necessary for processing the application.
(15) Construction means any physical change or change in the method of operation (including fabrication, erection, installation, demolition, or modification of an emissions unit) that would result in a change in emissions.
(16) Continuous emissions monitoring system (CEMS) means all of the equipment that may be required to meet the data acquisition and availability requirements of this regulation, to sample, condition (if applicable), analyze, and provide a record of emissions on a continuous basis.
(17) Continuous emissions rate monitoring system (CERMS) means the total equipment required for the determination and recording of the pollutant mass emissions rate (in terms of mass per unit of time).
(18) Continuous parameter monitoring system (CPMS) means all of the equipment necessary to meet the data acquisition and availability requirements of this regulation, to monitor process and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow rate, O2 or CO2 concentrations), and to record average operational parameter value(s) on a continuous basis.
(19) 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 twenty-five (25) megawatt (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.
(20) Emissions unit means any part of a stationary source that emits or would have the potential to emit any regulated NSR pollutant and includes an electric utility steam generating unit as defined in paragraph (B)(19). For purposes of this regulation, there are two types of emissions units as described in paragraphs (B)(20)(a) and (B)(20)(b).
(a) A new emissions unit is any emissions unit that is (or will be) newly constructed and that has existed for less than two (2) years from the date such emissions unit first operated.
(b) An existing emissions unit is any emissions unit that does not meet the requirements in paragraph (B)(20)(a). A replacement unit, as defined in paragraph (B)(45), is an existing emissions unit.
(21) Federal Land Manager means, with respect to any lands in the United States, the Secretary of the department with authority over such lands.
(22) Federally enforceable means all limitations and conditions which are enforceable by the Administrator, including those requirements developed pursuant to 40 CFR Parts 60 and 61, requirements within any applicable State Implementation Plan, any permit requirements established pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR Part 51, Subpart I, including operating permits issued under an EPA-approved program that is incorporated into the State implementation plan and expressly requires adherence to any permit issued under such program.
(23) Fugitive emissions means those emissions to the outdoor environment which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening.
(24) High terrain means any area having an elevation 900 feet or more above the base of the stack of a source.
(25) Indian Governing Body means the governing body of any tribe, band, or group of Indians subject to the jurisdiction of the United States and recognized by the United States as possessing power of self government.
(26) Indian Reservation means any federally recognized reservation established by Treaty, Agreement, Executive Order, or Act of Congress.
(27) Innovative control technology means any system of air pollution control that has not been adequately demonstrated in practice, but would have a substantial likelihood of achieving greater continuous emissions reduction than any control system in current practice or of achieving at least comparable reductions at lower cost in terms of energy, economics, or non-air quality environmental impacts.
(28) Low terrain means any area other than high terrain.
(29) Lowest achievable emission rate (LAER) is as defined in paragraph (B)(20) of Regulation 61-62.5 Standard 7.1, "Nonattainment New Source Review."
(30)(a) Major modification means any physical change in or change in the method of operation of a major stationary source that would result in: a significant emissions increase (as defined in paragraph (B)(50)) of a regulated NSR pollutant (as defined in paragraph (B)(44)); and a significant net emissions increase of that pollutant from the major stationary source.
(b) Any significant emissions increase (as defined in paragraph (B)(50)) from any emissions units or net emissions increase (as defined in paragraph (B)(34)) at a major stationary source that is significant for volatile organic compounds (VOCs) or nitrogen oxides shall be considered significant for ozone.
(c) A physical change or change in the method of operation shall not include:
(i) Routine maintenance, repair and replacement;
(ii) Use of an alternative fuel or raw material by reason of an order under Sections 2(a) and 2(b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) or by reason of a natural gas curtailment plan pursuant to the Federal Power Act;
(iii) Use of an alternative fuel by reason of an order or rule under Section 125 of the Clean Air Act;
(iv) Use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal solid waste;
(v) Use of an alternative fuel or raw material by a stationary source which:
(1) The source was capable of accommodating before January 6, 1975, unless such change would be prohibited under any federally enforceable permit condition which was established after January 6, 1975, pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR Part 51, Subpart I; or
(2) The source is approved to use under any permit issued under 40 CFR 52.21 or under regulations approved pursuant to 40 CFR 51.166;
(vi) An increase in the hours of operation or in the production rate, unless such change would be prohibited under any federally enforceable permit condition which was established after January 6, 1975, pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR Part 51, Subpart I.
(vii) Any change in ownership at a stationary source
(viii) [Reserved]
(ix) The installation, operation, cessation, or removal of a temporary clean coal technology demonstration project, provided that the project complies with:
(1) The State Implementation Plan for the state in which the project is located, and
(2) Other requirements necessary to attain and maintain the National Ambient Air Quality Standards during the project and after it is terminated.
(x) The installation or operation of a permanent clean coal technology demonstration project that constitutes repowering, provided that the project does not result in an increase in the potential to emit of any regulated pollutant emitted by the unit. This exemption shall apply on a pollutant-by-pollutant basis.
(xi) The reactivation of a very clean coal-fired electric utility steam generating unit.
(d) This definition shall not apply with respect to a particular regulated NSR pollutant when the major stationary source is complying with the requirements under Section (AA) for a PAL for that pollutant. Instead, the definition at paragraph (AA)(2)(h) shall apply.
(e) [Reserved]
(31)(a) Major source baseline date means:
(i) In the case of PM10 and sulfur dioxide, January 6, 1975;
(ii) In the case of nitrogen dioxide, February 8, 1988; and
(iii) In the case of PM2.5, October 20, 2010.
(b) Minor source baseline date means the earliest date after the trigger date on which a major stationary source or a major modification subject to 40 CFR 52.21 or to regulations approved pursuant to 40 CFR 51.166 submits a complete application under the relevant regulations. The trigger date is:
(i) In the case of PM10 and sulfur dioxide, August 7, 1977;
(ii) In the case of nitrogen dioxide, February 8, 1988; and
(iii) In the case of PM2.5, October 20, 2011.
(c) The baseline date is established for each pollutant for which increments or other equivalent measures have been established if:
(i) The area in which the proposed source or modification would construct is designated as attainment or unclassifiable under Section 107(d)(1)(A)(ii) or (iii) of the Clean Air Act for the pollutant on the date of its complete application under 40 CFR 52.21 or under regulations approved pursuant to 40 CFR 51.166; and
(ii) In the case of a major stationary source, the pollutant would be emitted in significant amounts, or, in the case of a major modification, there would be a significant net emissions increase of the pollutant.
(d) Any minor source baseline date established originally for the TSP increments shall remain in effect and shall apply for purposes of determining the amount of available PM10 increments, except that the Department shall rescind a minor source baseline date where it can be shown, to the satisfaction of the Department, that the emissions increase from the major stationary source, or net emissions increase from the major modification, responsible for triggering that date did not result in a significant amount of PM10 emissions.
(32)(a) Major stationary source means:
(i) Any of the following stationary sources of air pollutants which emits, or has the potential to emit, one hundred (100) tons per year or more of any regulated NSR pollutant: Fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input, coal cleaning plants (with thermal dryers), kraft pulp mills, portland cement plants, primary zinc smelters, iron and steel mill plants, primary aluminum ore reduction plants (with thermal dryers), primary copper smelters, municipal incinerators capable of charging more than fifty (50) tons of refuse per day, hydrofluoric, sulfuric, and nitric acid plants, petroleum refineries, lime plants, phosphate rock processing plants, coke oven batteries, sulfur recovery plants, carbon black plants (furnace process), primary lead smelters, fuel conversion plants, sintering plants, secondary metal production plants, chemical process plants (which does not include ethanol production facilities that produce ethanol by natural fermentation included in North American Industrial Classification System (NAICS) codes 325193 or 312140), fossil fuel boilers (or combinations thereof) totaling more than 250 million British thermal units per hour heat input, petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels, taconite ore processing plants, glass fiber processing plants, and charcoal production plants;
(ii) Notwithstanding the stationary source size specified in paragraph (B)(32)(a)(i), any stationary source which emits, or has the potential to emit, 250 tons per year or more of a regulated NSR pollutant; or
(iii) Any physical change that would occur at a stationary source not otherwise qualifying under paragraph (B)(32) as a major stationary source, if the changes would constitute a major stationary source by itself.
(b) A major stationary source that is major for VOCs or nitrogen oxides shall be considered major for ozone.
(c) The fugitive emissions of a stationary source shall not be included in determining for any of the purposes of this regulation whether it is a major stationary source, unless the source belongs to one of the following categories of stationary sources:
(i) Coal cleaning plants (with thermal dryers);
(ii) Kraft pulp mills;
(iii) Portland cement plants;
(iv) Primary zinc smelters;
(v) Iron and steel mills;
(vi) Primary aluminum ore reduction plants;
(vii) Primary copper smelters;
(viii) Municipal incinerators capable of charging more than fifty (50) tons of refuse per day;
(ix) Hydrofluoric, sulfuric, or nitric acid plants;
(x) Petroleum refineries;
(xi) Lime plants;
(xii) Phosphate rock processing plants;
(xiii) Coke oven batteries;
(xiv) Sulfur recovery plants;
(xv) Carbon black plants (furnace process);
(xvi) Primary lead smelters;
(xvii) Fuel conversion plants;
(xviii) Sintering plants;
(xix) Secondary metal production plants;
(xx) Chemical process plants - The term chemical processing plant shall not include ethanol production facilities that produce ethanol by natural fermentation included in NAICS codes 325193 or 312140;
(xxi) Fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units per hour heat input;
(xxii) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels;
(xxiii) Taconite ore processing plants;
(xxiv) Glass fiber processing plants;
(xxv) Charcoal production plants;
(xxvi) Fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input; and
(xxvii) Any other stationary source category which, as of August 7, 1980, is being regulated under Section 111 or 112 of the Clean Air Act.
(33) Necessary preconstruction approvals or permits means those permits or approvals required under federal air quality control laws and regulations and those air quality control laws and regulations which are part of the applicable State Implementation Plan.
(34)(a) Net emissions increase means, with respect to any regulated NSR pollutant emitted by a major stationary source, the amount by which the sum of the following exceeds zero:
(i) The increase in emissions from a particular physical change or change in method of operation at a stationary source as calculated pursuant to paragraph (A)(2)(d); and
(ii) Any other increases and decreases in actual emissions at the major stationary source that are contemporaneous with the particular change and are otherwise creditable. Baseline actual emissions for calculating increases and decreases under this paragraph (B)(34)(a)(ii) shall be determined as provided in paragraph (B)(4), except that paragraphs (B)(4)(a)(iii) and (B)(4)(b)(iv) shall not apply.
(b) An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only if it occurs between:
(i) The date five (5) years before construction on the particular change commences; and
(ii) The date that the increase from the particular change occurs.
(c) An increase or decrease in actual emissions is creditable only if:
(i) The Department has not relied on it in issuing a permit for the source under this section, which permit is in effect when the increase in actual emissions from the particular change occurs; and
(ii) [Reserved]
(d) An increase or decrease in actual emissions of sulfur dioxide, particulate matter, or nitrogen oxide that occurs before the applicable minor source baseline date is creditable only if it is required to be considered in calculating the amount of maximum allowable increases remaining available.
(e) An increase in actual emissions is creditable only to the extent that the new level of actual emissions exceeds the old level.
(f) A decrease in actual emissions is creditable only to the extent that:
(i) The old level of actual emissions or the old level of allowable emissions, whichever is lower, exceeds the new level of actual emissions;
(ii) It is federally enforceable at and after the time that actual construction on the particular change begins; and
(iii) It has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change.
(g) [Reserved]
(h) An increase that results from a physical change at a source occurs when the emissions unit on which construction occurred becomes operational and begins to emit a particular pollutant. Any replacement unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed 180 days.
(i) Paragraph (B)(1)(b) shall not apply for determining creditable increases and decreases.
(35) [Reserved]
(36) Pollution prevention means any activity that through process changes, product reformulation or redesign, or substitution of less polluting raw materials, eliminates or reduces the release of air pollutants (including fugitive emissions) and other pollutants to the environment prior to recycling, treatment, or disposal; it does not mean recycling (other than certain "in-process recycling" practices), energy recovery, treatment, or disposal.
(37) Potential to emit means the maximum capacity of a stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation or the effect it would have on emissions is federally enforceable. Secondary emissions do not count in determining the potential to emit of a stationary source.
(38) Predictive emissions monitoring system (PEMS) means all of the equipment necessary to monitor process and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow rate, O2 or CO2 concentrations), and calculate and record the mass emissions rate (for example, pounds per hour) on a continuous basis.
(39) Prevention of Significant Deterioration (PSD) program means the EPA-implemented major source preconstruction permit programs or a major source preconstruction permit program that has been approved by the Administrator and incorporated into the State Implementation Plan pursuant to 40 CFR 51.166 to implement the requirements of that section. Any permit issued under such a program is a major NSR permit.
(40) Project means a physical change in, or change in the method of operation of, an existing major stationary source.
(41)(a) Projected actual emissions means the maximum annual rate, in tons per year, at which an existing emissions unit is projected to emit a regulated NSR pollutant in any one of the five (5) years (twelve (12)-month period) following the date the unit resumes regular operation after the project, or in any one of the ten (10) years following that date, if the project involves increasing the emissions unit's design capacity or its potential to emit that regulated NSR pollutant and full utilization of the unit would result in a significant emissions increase or a significant net emissions increase at the major stationary source.
(b) In determining the projected actual emissions under paragraph (B)(41)(a) (before beginning actual construction), the owner or operator of the major stationary source:
(i) Shall consider all relevant information, including but not limited to, historical operational data, the company's own representations, the company's expected business activity and the company's highest projections of business activity, the company's filings with the state or federal regulatory authorities, and compliance plans under the approved State Implementation Plan; and
(ii) Shall include fugitive emissions to the extent quantifiable and emissions associated with startups, shutdowns, and malfunctions; and
(iii) Shall exclude, in calculating any increase in emissions that results from the particular project, that portion of the unit's emissions following the project that an existing unit could have accommodated during the consecutive twenty-four (24)-month period used to establish the baseline actual emissions under paragraph (B)(4) and that are also unrelated to the particular project, including any increased utilization due to product demand growth; or
(iv) In lieu of using the method set out in paragraph (B)(41)(b)(i) through (B)(41)(b)(iii), may elect to use the emissions unit's potential to emit, in tons per year, as defined under paragraph (B)(37).
(42) 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 (2)-year period prior to the enactment of the Clean Air Act Amendments of 1990, and the emissions from such 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 eight-five (85) percent and a removal efficiency for particulates of no less than ninety-eight (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.
(43) Reasonably available control technology (RACT) is as defined in 40 CFR 51.100(o).
(44) Regulated NSR pollutant, for purposes of this regulation, means the following:
(a) Any pollutant for which a national ambient air quality standard has been promulgated. This includes, but is not limited to, the following:
(i) PM2.5 emissions and PM10 emissions shall include gaseous emissions from a source or activity which condense to form particulate matter at ambient temperatures. On or after January 1, 2011, such condensable particulate matter shall be accounted for in applicability determinations and in establishing emissions limitations for PM2.5 and PM10 in PSD permits. Compliance with emissions limitations for PM2.5 and PM10 issued prior to this date shall not be based on condensable particulate matter unless required by the terms and conditions of the permit or the applicable implementation plan. Applicability determinations made prior to this date without accounting for condensable particulate matter shall not be considered in violation of this section unless the applicable implementation plan required condensable particulate matter to be included;
(ii) Any pollutant identified under this paragraph as a constituent or precursor to a pollutant for which a national ambient air quality standard has been promulgated. Precursors identified by the Administrator for purposes of NSR are the following:
(1) Volatile organic compounds and nitrogen oxides are precursors to ozone in all attainment and unclassifiable areas.
(2) Sulfur dioxide is a precursor to PM2.5 in all attainment and unclassifiable areas.
(3) Nitrogen oxides are presumed to be precursors to PM2.5 in all attainment and unclassifiable areas, unless the State demonstrates to the Administrator's satisfaction or EPA demonstrates that emissions of nitrogen oxides from sources in a specific area are not a significant contributor to that area's ambient PM2.5 concentrations.
(4) Volatile organic compounds are presumed not to be precursors to PM2.5 in any attainment or unclassifiable area, unless the State demonstrates to the Administrator's satisfaction or EPA demonstrates that emissions of volatile organic compounds from sources in a specific area are a significant contributor to that area's ambient PM2.5 concentrations.
(b) Any pollutant that is subject to any standard promulgated under Section 111 of the Clean Air Act;
(c) Any Class I or II substance subject to a standard promulgated under or established by Title VI of the Clean Air Act; or
(d) Any pollutant that otherwise is subject to regulation under the Clean Air Act; except that any or all hazardous air pollutants either listed in Section 112 of the Clean Air Act or added to the list pursuant to Section 112(b)(2) of the Clean Air Act, which have not been delisted pursuant to Section 112(b)(3) of the Clean Air Act, are not regulated NSR pollutants unless the listed hazardous air pollutant is also regulated as a constituent or precursor of a general pollutant listed under Section 108 of the Clean Air Act.
(e) [Reserved]
(45) Replacement unit means an emissions unit for which all the criteria listed in paragraphs (B)(45)(a) through (B)(45)(d) are met. No creditable emission reductions shall be generated from shutting down the existing emissions unit that is replaced.
(a) The emissions unit is a reconstructed unit within the meaning of 40 CFR 60.15(b)(1), or the emissions unit completely takes the place of an existing emissions unit;
(b) The emissions unit is identical to or functionally equivalent to the replaced emissions unit;
(c) The replacement does not alter the basic design parameters of the process unit; and
(d) The replaced emissions unit is permanently removed from the major stationary source, otherwise permanently disabled, or permanently barred from operation by a permit that is enforceable as a practical matter. If the replaced emissions unit is brought back into operation, it shall constitute a new emissions unit.
(46)(a) 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, 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.
(b) 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.
(c) The Department shall give expedited consideration to permit applications for any source that satisfies the requirements of this subsection and is granted an extension under Section 409 of the Clean Air Act.
(47) Reserved
(48) Secondary emissions means emissions which would occur as a result of the construction or operation of a major stationary source or major modification, but do not come from the major stationary source or major modification itself. For the purposes of this section, secondary emissions must be specific, well defined, quantifiable, and impact the same general areas the stationary source modification which causes secondary emissions. Secondary emissions include emissions from any offsite support facility which would not be constructed or increase its emissions except as a result of the construction or operation of the major stationary source or major modification. Secondary emissions do not include any emissions which come directly from a mobile source, such as emissions from the tailpipe of a motor vehicle, from a train, from a vessel; or from the following:
(a) Emissions from ships or trains coming to or from the new or modified stationary source; and
(b) Emissions from any offsite support facility which would not otherwise be constructed or increase its emissions as a result of the construction or operation of the major stationary source or major modification.
(49)(a) Significant means, in reference to a net emissions increase or the potential of a source to emit any of the following pollutants, a rate of emissions that would equal or exceed any of the following rates:
Pollutant
Emissions Rate (tons per year)
Carbon monoxide
100
Nitrogen oxides
40
Sulfur dioxide
40
Particulate matter:
Particulate matter emissions
25
PM10 emissions
15
Direct PM2.5
10
Sulfur dioxide emissions
40
Nitrogen oxide emissions unless demonstrated not to be a PM2.5 precursor under paragraph (B)(44) of this section
40
Ozone:
Volatile organic compounds (VOCs)
40
Nitrogen Oxides
40
Lead
0.6
Fluorides
3
Sulfuric acid mist
7
Hydrogen sulfide (H2S)
10
Total reduced sulfur (including H2S)
10
Reduced sulfur compounds (including H2S)
10
Municipal waste combustor organics (measured as total tetra- through octa-chlorinated dibenzo-p-dioxins and dibenzofurans):
3.2 x 10-6 megagrams per year
(3.5 x 10-6 tons per year)
Municipal waste combustor metals (measured as particulate matter)
14 megagrams per year
(15 tons per year)
Municipal waste combustor acid gases (measured as sulfur dioxide and hydrogen chloride)
36 megagrams per year
(40 tons per year)
Municipal solid waste landfills emissions (measured as nonmethane organic compounds)
45 megagrams per year
(50 tons per year)
(b) Significant means, in reference to a net emissions increase or the potential of a source to emit a regulated NSR pollutant that paragraph (B)(49)(a) does not list, any emissions rate.
(c) Notwithstanding paragraph (B)(49)(a), significant means any emissions rate or any net emissions increase associated with a major stationary source or major modification, which would construct within ten (10) kilometers of a Class I area, and have an impact on such area equal to or greater than 1 µg/m3, (twenty-four (24)-hour average).
(50) Significant emissions increase means, for a regulated NSR pollutant, an increase in emissions that is significant (as defined in paragraph (B)(49)) for that pollutant.
(51) Stationary source means any building, structure, facility, or installation which emits or may emit a regulated NSR pollutant.
(52) Subject to regulation means, for any air pollutant, that the pollutant is subject to either a provision in the Clean Air Act, or a nationally-applicable regulation codified by the Administrator in 40 CFR Chapter I, Subchapter C, that requires actual control of the quantity of emissions of that pollutant, and that such a control requirement has taken effect and is operative to control, limit, or restrict the quantity of emissions of that pollutant released from the regulated activity. Except that:
(a) Greenhouse gases (GHGs), the air pollutant defined in 40 CFR 86.1818-12(a) as the aggregate group of six greenhouse gases: Carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride, shall not be subject to regulation except as provided in paragraph (B)(52)(d) and shall not be subject to regulation if the stationary source maintains its total source-wide emissions below the GHG PAL level, meets the requirements in paragraphs (AA)(1) through (AA)(15), and complies with the PAL permit containing the GHG PAL.
(b) For purposes of paragraphs (B)(52)(c) and (B)(52)(d) of this section, the term tons per year CO2 equivalent emissions (CO2e) shall represent an amount of GHGs emitted, and shall be computed as follows:
(i) Multiplying the mass amount of emissions (tons per year), for each of the six greenhouse gases in the pollutant GHGs, by the gas's associated global warming potential published at Table A-1 to Subpart A of Part 98 -Global Warming Potentials.
(ii) Sum the resultant value from paragraph (B)(52)(b)(i) for each gas to compute a tons per year CO2e.
(c) The term emissions increase as used in paragraph (B)(52)(d) shall mean that both a significant emissions increase (as calculated using the procedures in paragraph (A)(2)(d)) and a significant net emissions increase (as defined in paragraphs (B)(34) and (B)(49)) occur. For the pollutant GHGs, an emissions increase shall be based on tons per year CO2e, and shall be calculated assuming the pollutant GHGs is a regulated NSR pollutant, and "significant" is defined as 75,000 tons per year CO2e instead of applying the value in paragraph (b)(23)(ii).
(d) Beginning January 2, 2011, the pollutant GHGs is subject to regulation if:
(i) The stationary source is a new major stationary source for a regulated NSR pollutant that is not GHGs, and also will emit or will have the potential to emit 75,000 tons per year CO2e or more; or
(ii) The stationary source is an existing major stationary source for a regulated NSR pollutant that is not GHGs, and also will have an emissions increase of a regulated NSR pollutant, and an emissions increase of 75,000 tons per year CO2e.
(53) Temporary clean coal technology demonstration project means a clean coal technology demonstration project that is operated for a period of five (5) years or less, and which complies with the State Implementation Plans 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.
(54) Volatile organic compounds (VOC) is as defined in Regulation 61-62.1, Section (I), Definitions.
(C) Ambient air increments.
(1) In areas designated as Class I, II, or III, increases in pollutant concentration over the baseline concentration shall be limited to the following:
CLASS I
Pollutant
Maximum Allowable Increase
(micrograms per cubic meter)
PM2.5:
annual arithmetic mean
1
24-hr maximum
2
PM10:
annual arithmetic mean
4
24-hr maximum
8
Sulfur dioxide:
annual arithmetic mean
2
24-hr maximum
5
3-hr maximum
25
Nitrogen dioxide:
annual arithmetic mean
2.5
CLASS II
Pollutant
Maximum Allowable Increase
(micrograms per cubic meter)
PM2.5:
annual arithmetic mean
4
24-hr maximum
9
PM10:
annual arithmetic mean
17
24-hr maximum
30
Sulfur dioxide:
annual arithmetic mean
20
24-hr maximum
91
3-hr maximum
512
Nitrogen dioxide:
annual arithmetic mean
25
CLASS III
Pollutant
Maximum Allowable Increase
(micrograms per cubic meter)
PM2.5:
annual arithmetic mean
8
24-hr maximum
18
PM10:
annual arithmetic mean
34
24-hr maximum
60
Sulfur dioxide:
annual arithmetic mean
40
24-hr maximum
182
3-hr maximum
700
Nitrogen dioxide:
annual arithmetic mean
50
(2) For any period other than an annual period, the applicable maximum allowable increase may be exceeded during one such period per year at any one location.
(D) Ambient air ceilings. No concentration of a pollutant shall exceed:
(1) The concentration permitted under the national secondary ambient air quality standard; or
(2) The concentration permitted under the national primary ambient air quality standard, whichever concentration is lowest for the pollutant for a period of exposure.
(E) Restrictions on area classifications.
(1) All of the following areas which were in existence on August 7, 1977, shall be Class I areas and may not be redesignated:
(a) International parks;
(b) National wilderness areas which exceed 5,000 acres in size;
(c) National memorial parks which exceed 5,000 acres in size; and
(d) National parks which exceed 6,000 acres in size.
(2) Areas which were redesignated as Class I under regulations promulgated before August 7, 1977, shall remain Class I, but may be redesignated as provided in this section.
(3) Any other area, unless otherwise specified in the legislation creating such an area, is initially designated Class II, but may be redesignated as provided in this section.
(4) The following areas may be redesignated only as Class I or II:
(a) An area which as of August 7, 1977, exceeded 10,000 acres in size and was a national monument, a national primitive area, a national preserve, a national recreational area, a national wild and scenic river, a national wildlife refuge, a national lakeshore or seashore; and
(b) A national park or national wilderness area established after August 7, 1977, which exceeds 10,000 acres in size.
(F) [Reserved]
(G) Redesignation.
(1) All areas (except as otherwise provided under paragraph (E)) are designated Class II as of December 5, 1974. Redesignation (except as otherwise precluded by paragraph (E)) may be proposed by the respective states or Indian Governing Bodies, as provided below, subject to approval by the Administrator as a revision to the applicable State Implementation Plan.
(2) The state may submit to the Administrator a proposal to redesignate areas of the state Class I or Class II provided that:
(a) At least one public hearing has been held in accordance with procedures established in 40 CFR 51.102;
(b) Other states, Indian Governing Bodies, and Federal Land Managers whose lands may be affected by the proposed redesignation were notified at least thirty (30) days prior to the public hearing;
(c) A discussion of the reasons for the proposed redesignation, including a satisfactory description and analysis of the health, environmental, economic, social and energy effects of the proposed redesignation, was prepared and made available for public inspection at least 30 days prior to the hearing and the notice announcing the hearing contained appropriate notification of the availability of such discussion;
(d) Prior to the issuance of notice respecting the redesignation of an area that includes any federal lands, the state has provided written notice to the appropriate Federal Land Manager and afforded adequate opportunity (not in excess of sixty (60) days) to confer with the state respecting the redesignation and to submit written comments and recommendations. In redesignating any area with respect to which any Federal Land Manager had submitted written comments and recommendations, the state shall have published a list of any inconsistency between such redesignation and such comments and recommendations (together with the reasons for making such redesignation against the recommendation of the Federal Land Manager); and
(e) The state has proposed the redesignation after consultation with the elected leadership of local and other substate general purpose governments in the area covered by the proposed redesignation.
(3) Any area other than an area to which paragraph (E) refers may be redesignated as Class III if:
(a) The redesignation would meet the requirements of paragraph (G)(2);
(b) The redesignation, except any established by an Indian Governing Body, has been specifically approved by the Governor of the state, after consultation with the appropriate committees of the legislature, if it is in session, or with the leadership of the legislature, if it is not in session (unless state law provides that the redesignation must be specifically approved by State legislation) and if general purpose units of local government representing a majority of the residents of the area to be redesignated enact legislation or pass resolutions concurring in the redesignation:
(c) The redesignation would not cause, or contribute to, a concentration of any air pollutant which would exceed any maximum allowable increase permitted under the classification of any other area or any National Ambient Air Quality Standard; and
(d) Any permit application for any major stationary source or major modification, subject to review under paragraph (L), which could receive a permit under this section only if the area in question were redesignated as Class III, and any material submitted as part of that application, were available insofar as was practicable for public inspection prior to any public hearing on redesignation of the area as Class III.
(4) Lands within the exterior boundaries of Indian Reservations may be redesignated only by the appropriate Indian Governing Body. The appropriate Indian Governing Body may submit to the Department a proposal to redesignate areas Class I, Class II, or Class III, provided that:
(a) The Indian Governing Body has followed procedures equivalent to those required of a state under paragraphs (G)(2), (G)(3)(c), and (G)(3)(d); and
(b) Such redesignation is proposed after consultation with the state(s) in which the Indian Reservation is located and which border the Indian Reservation.
(5) The Administrator shall disapprove, within ninety (90) days of submission, a proposed redesignation of any area only if it is found, after notice and opportunity for public hearing, that such redesignation does not meet the procedural requirements of this paragraph or is inconsistent with paragraph (E). If any such disapproval occurs, the classification of the area shall be that which was in effect prior to the redesignation which was disapproved.
(6) If the Administrator disapproves any proposed redesignation, the state or Indian Governing Body, as appropriate, may resubmit the proposal after correcting the deficiencies noted by the Administrator.
(H) Stack heights.
(1) The degree of emission limitation required for control of any air pollutant under this section shall not be affected in any manner by;
(a) So much of the stack height of any source as exceeds good engineering practice; or
(b) Any other dispersion technique.
(2) Paragraph (H)(1) shall not apply with respect to stack heights in existence before December 31, 1970, or to dispersion techniques implemented before then.
(I) Exemptions.
(1) The requirements of paragraphs (J) through (R) shall not apply to a particular major stationary source or major modification, if:
(a) [Reserved]
(b) [Reserved]
(c) [Reserved]
(d) [Reserved]
(e) [Reserved]
(f) The source or modification would be a nonprofit health or nonprofit educational institution, or a major modification would occur at such an institution, and the Governor of the state in which the source or modification would be located requests that it be exempt from those requirements; or
(g) The source or modification would be a major stationary source or major modification only if fugitive emissions, to the extent quantifiable, are considered in calculating the potential to emit of the stationary source or modification and the source does not belong to any of the following categories:
(i) Coal cleaning plants (with thermal dryers);
(ii) Kraft pulp mills;
(iii) Portland cement plants;
(iv) Primary zinc smelters;
(v) Iron and steel mills;
(vi) Primary aluminum ore reduction plants;
(vii) Primary copper smelters;
(viii) Municipal incinerators capable of charging more than fifty (50) tons of refuse per day;
(ix) Hydrofluoric, sulfuric, or nitric acid plants;
(x) Petroleum refineries;
(xi) Lime plants;
(xii) Phosphate rock processing plants;
(xiii) Coke oven batteries;
(xiv) Sulfur recovery plants;
(xv) Carbon black plants (furnace process);
(xvi) Primary lead smelters;
(xvii) Fuel conversion plants;
(xviii) Sintering plants;
(xix) Secondary metal production plants;
(xx) Chemical process plants - The term chemical processing plant shall not include ethanol production facilities that produce ethanol by natural fermentation included in NAICS codes 325193 or 312140;
(xxi) Fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units per hour heat input;
(xxii) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels;
(xxiii) Taconite ore processing plants;
(xxiv) Glass fiber processing plants;
(xxv) Charcoal production plants;
(xxvi) Fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input;
(xxvii) Any other stationary source category which, as of August 7, 1980, is being regulated under Section 111 or 112 of the Clean Air Act; or
(h) The source is a portable stationary source which has previously received a permit under this section, and:
(i) The owner or operator proposes to relocate the source and emissions of the source at the new location would be temporary; and
(ii) The emissions from the source would not exceed its allowable emissions; and
(iii) The emissions from the source would impact no Class I area and no area where an applicable increment is known to be violated; and
(iv) Reasonable notice is given to the Department prior to the relocation identifying the proposed new location and the probable duration of operation at the new location. Such notice shall be given to the Department not less than ten (10) days in advance of the proposed relocation unless a different time duration is previously approved by the Department.
(2) The requirements of paragraphs (J) through (R) shall not apply to a major stationary source or major modification with respect to a particular pollutant if the owner or operator demonstrates that, as to that pollutant, the source or modification is located in an area designated as nonattainment under Section 107 of the Clean Air Act.
(3) The requirements of paragraphs (K), (M), and (O) shall not apply to a major stationary source or major modification with respect to a particular pollutant, if the allowable emissions of that pollutant from the source, or the net emissions increase of that pollutant from the modification:
(a) Would impact no Class I area and no area where an applicable increment is known to be violated; and
(b) Would be temporary.
(4) The requirements of paragraphs (K), (M), and (O) as they relate to any maximum allowable increase for a Class II area shall not apply to a major modification at a stationary source that was in existence on March 1, 1978, if the net increase in allowable emissions of each regulated NSR pollutant from the modification after the application of BACT would be less than fifty (50) tons per year.
(5) The Department may exempt a stationary source or modification from the requirements of paragraph (M), with respect to monitoring for a particular pollutant if:
(a) The emissions increase of the pollutant from the new source or the net emissions increase of the pollutant from the modification would cause, in any area, air quality impacts less than the following amounts:
Pollutant
Concentration
Averaging Period
Carbon monoxide
575 µg/m3
8-hour average
Nitrogen dioxide
14 µg/m3
annual average
PM10
10 µg/m3
24-hour average
Sulfur dioxide
13 µg/m3
24-hour average
Ozone;1
Lead
0.1 µg/m3
3-month average
Fluorides
0.25 µg/m3
24-hour average
Total reduced sulfur
10 µg/m3
1-hour average
Hydrogen sulfide
0.2 µg/m3
1-hour average
Reduced sulfur compounds
10 µg/m3
1-hour average; or
1No de minimis air quality level is provided for ozone. However, any net emissions increase of one hundred (100) tons per year or more of VOCs or nitrogen oxides subject to PSD would be required to perform an ambient impact analysis including the gathering of ambient air quality data.
(b) The concentrations of the pollutant in the area that the source or modification would affect are less than the concentrations listed in paragraph (I)(5)(a), or the pollutant is not listed in paragraph (I)(5)(a).
(6) [Reserved]
(7) [Reserved]
(8) [Reserved]
(9) [Reserved]
(10) [Reserved]
(11) [Reserved]
(12) [Reserved]
(J) Control technology review.
(1) A major stationary source or major modification shall meet each applicable emissions limitation under the State Implementation Plan and each applicable emissions standard and standard of performance under 40 CFR Part 60, 61, or 63.
(2) A new major stationary source shall apply BACT for each regulated NSR pollutant that it would have the potential to emit in significant amounts.
(3) A major modification shall apply BACT for each regulated NSR pollutant for which it would result in a significant net emissions increase at the source. This requirement applies to each proposed emissions unit at which a net emissions increase in the pollutant would occur as a result of a physical change or change in the method of operation in the unit.
(4) For phased construction projects, the determination of BACT shall be reviewed and modified as appropriate at the latest reasonable time which occurs no later than eighteen (18) months prior to commencement of construction of each independent phase of the project. At such time, the owner or operator of the applicable stationary source may be required to demonstrate the adequacy of any previous determination of BACT for the source.
(K) Source impact analysis.
The owner or operator of the proposed source or modification shall demonstrate that allowable emission increases from the proposed source or modification, in conjunction with all other applicable emissions increases or reductions (including secondary emissions), would not cause or contribute to air pollution in violation of:
(1) Any National Ambient Air Quality Standard in any air quality control region; or
(2) Any applicable maximum allowable increase over the baseline concentration in any area.
(L) Air quality models.
(1) All estimates of ambient concentrations required under this paragraph shall be based on applicable air quality models, data bases, and other requirements specified in 40 CFR Part 51 Appendix W (Guideline on Air Quality Models).
(2) Where an air quality model specified in 40 CFR Part 51 Appendix W (Guideline on Air Quality Models) is inappropriate, the model may be modified or another model substituted. Such a modification or substitution of a model may be made on a case-by-case basis or, where appropriate, on a generic basis for a specific state program. Written approval of the Department must be obtained for any modification or substitution. In addition, use of a modified or substituted model must be subject to notice and opportunity for public comment under procedures developed in accordance with paragraph (Q).
(M) Air quality analysis.
(1) Preapplication analysis.
(a) Any application for a permit under this section shall contain an analysis of ambient air quality in the area that the major stationary source or major modification would affect for each of the following pollutants:
(i) For the source, each pollutant that it would have the potential to emit in a significant amount;
(ii) For the modification, each pollutant for which it would result in a significant net emissions increase.
(b) With respect to any such pollutant for which no National Ambient Air Quality Standard exists, the analysis shall contain such air quality monitoring data as the Department determines is necessary to assess ambient air quality for that pollutant in any area that the emissions of that pollutant would affect.
(c) With respect to any such pollutant (other than nonmethane hydrocarbons) for which such a standard does exist, the analysis shall contain continuous air quality monitoring data gathered for purposes of determining whether emissions of that pollutant would cause or contribute to a violation of the standard or any maximum allowable increase.
(d) In general, the continuous air quality monitoring data that is required shall have been gathered over a period of at least one year and shall represent at least the year preceding receipt of the application, except that, if the Department determines that a complete and adequate analysis can be accomplished with monitoring data gathered over a period shorter than one (1) year (but not to be less than four (4) months), the data that is required shall have been gathered over at least that shorter period.
(e) [Reserved]
(f) The owner or operator of a proposed stationary source or modification of VOCs who satisfies all conditions of 40 CFR Part 51 Appendix S, Section IV may provide post-approval monitoring data for ozone in lieu of providing preconstruction data as required under paragraph (M)(1).
(g) [Reserved]
(h) [Reserved]
(2) Post-construction monitoring. The owner or operator of a major stationary source or major modification shall, after construction of the stationary source or modification, conduct such ambient monitoring as the Department determines is necessary to determine the effect emissions from the stationary source or modification may have, or are having, on air quality in any area.
(3) Operations of monitoring stations. The owner or operator of a major stationary source or major modification shall meet the requirements of Appendix B to 40 CFR Part 58 of during the operation of monitoring stations for purposes of satisfying paragraph (M).
(N) Source information.
The owner or operator of a proposed source or modification shall submit all information necessary to perform any analysis or make any determination required under this section.
(1) With respect to a source or modification to which paragraphs (J), (K), (M), and (O) apply, such information shall include:
(2) Upon request of the Department, the owner or operator shall also provide information on:
(a) The air quality impact of the source or modification, including meteorological and topographical data necessary to estimate such impact; and
(b) The air quality impacts, and the nature and extent of any or all general commercial, residential, industrial, and other growth which has occurred since August 7, 1977, in the area the source or modification would affect.
(O) Additional impact analyses.
(1) The owner or operator shall provide an analysis of the impairment to visibility, soils and vegetation that would occur as a result of the source or modification and general commercial, residential, industrial and other growth associated with the source or modification. The owner or operator need not provide an analysis of the impact on vegetation having no significant commercial or recreational value.
(2) The owner or operator shall provide an analysis of the air quality impact projected for the area as a result of general commercial, residential, industrial and other growth associated with the source or modification.
(3) Visibility monitoring. The Department may require monitoring of visibility in any Class I area near the proposed new stationary source for major modification for such purposes and by such means as the Administrator deems necessary and appropriate.
(P) Sources impacting Federal Class I areas - additional requirements.
(1) Notice to Federal Land Managers. The Department shall provide written notice of any permit application for a proposed major stationary source or major modification, the emissions from which may affect a Class I area, to the Federal Land Manager and the federal official charged with direct responsibility for management of any lands within any such area. Such notification shall include a copy of all information relevant to the permit application and shall be given within thirty (30) days of receipt and at least sixty (60) days prior to any public hearing on the application for a permit to construct. Such notification shall include an analysis of the proposed source's anticipated impacts on visibility in the Class I area. The Department shall also provide the Federal Land Manager and such federal officials with a copy of the preliminary determination required under paragraph (Q), and shall make available to them any materials used in making that determination, promptly after the Department makes such determination. Finally, the Department shall also notify all affected Federal Land Managers within thirty (30) days of receipt of any advance notification of any such permit application.
(2) Federal Land Manager. The Federal Land Manager and the federal official charged with direct responsibility for management of such lands have an affirmative responsibility to protect the air quality related values (including visibility) of such lands and to consider, in consultation with the Department, whether a proposed source or modification will have an adverse impact on such values.
(3) Visibility analysis. The Department shall consider any analysis performed by the Federal Land Manager, provided within thirty (30) days of the notification required by paragraph (P)(1), that shows that a proposed new major stationary source or major modification may have an adverse impact on visibility in any Class I area. Where the Department finds that such an analysis does not demonstrate to the satisfaction of the Department that an adverse impact on visibility will result in the Federal Class I area, the Department must, in the notice of public hearing on the permit application, either explain its decision or give notice as to where the explanation can be obtained.
(4) Denial- impact on air quality related values. The Federal Land Manager of any such lands may demonstrate to the Department that the emissions from a proposed source or modification would have an adverse impact on the air quality-related values (including visibility) of those lands, notwithstanding that the change in air quality resulting from emissions from such source or modification would not cause or contribute to concentrations which would exceed the maximum allowable increases for a Class I area. If the Department concurs with such demonstration, then the permit shall not be issued.
(5) Class I variances. The owner or operator of a proposed source or modification may demonstrate to the Federal Land Manager that the emissions from such source or modification would have no adverse impact on the air quality related values of any such lands (including visibility), notwithstanding that the change in air quality resulting from emissions from such source or modification would cause or contribute to concentrations which would exceed the maximum allowable increases for a Class I area. If the Federal Land Manager concurs with such demonstration and so certifies, the state may authorize the Administrator, provided that the applicable requirements of this regulation are otherwise met, to issue the permit with such emission limitations as may be necessary to assure that emissions of sulfur dioxide, PM2.5, PM10, and nitrogen oxides would not exceed the following maximum allowable increases over minor source baseline concentration for such pollutants:
Pollutant
Maximum Allowable Increase
(micrograms per cubic meter)
PM2.5:
annual arithmetic mean
4
24-hr maximum
9
PM10:
annual arithmetic mean
17
24-hr maximum
30
Sulfur dioxide:
annual arithmetic mean
20
24-hr maximum
91
3-hr maximum
325
Nitrogen dioxide:
annual arithmetic mean
25
(6) Sulfur dioxide variance by Governor with Federal Land Manager's concurrence. The owner or operator of a proposed source or modification which cannot be approved under paragraph (P)(5) may demonstrate to the Governor that the source cannot be constructed by reason of any maximum allowable increase for sulfur dioxide for a period of twenty-four (24) hours or less applicable to any Class I area and, in the case of Federal mandatory Class I areas, that a variance under this clause would not adversely affect the air quality related values of the area (including visibility). The Governor, after consideration of the Federal Land Manager's recommendation (if any) and concurrence, may, after notice and public hearing, grant a variance from such maximum allowable increase. If such variance is granted, the Department shall issue a permit to such source or modification pursuant to the requirements of paragraph (P)(8), provided that the applicable requirements of this regulation are otherwise met.
(7) Variance by the Governor with the President's concurrence. In any case where the Governor recommends a variance with which the Federal Land Manager does not concur, the recommendations of the Governor and the Federal Land Manager shall be transmitted to the President. The President may approve the Governor's recommendation if it is found that the variance is in the national interest. If the variance is approved, the Department shall issue a permit pursuant to the requirements of paragraph (P)(8), provided that the applicable requirements of this regulation are otherwise met.
(8) Emission limitations for Presidential or gubernatorial variance. In the case of a permit issued pursuant to paragraph (P)(6) or (P)(7) the source or modification shall comply with such emission limitations as may be necessary to assure that emissions of sulfur dioxide from the source or modification would not (during any day on which the otherwise applicable maximum allowable increases are exceeded) cause or contribute to concentrations which would exceed the following maximum allowable increases over the baseline concentration and to assure that such emissions would not cause or contribute to concentrations which exceed the otherwise applicable maximum allowable increases for periods of exposure of twenty-four (24) hours or less for more than eighteen (18) days, not necessarily consecutive, during any annual period:
MAXIMUM ALLOWABLE INCREASE
(Micrograms per cubic meter)
Period of exposure
Terrain Areas
Low
High
24-hr maximum
36
62
3-hr maximum
130
221
(Q) Public participation.
(1) Within thirty (30) days after receipt of an application to construct, or any addition to such application, the Department shall advise the applicant of any deficiency in the application or in the information submitted and transmit a copy of such application to EPA. In the event of such a deficiency, the date of receipt of the application shall be, for the purpose of this regulation, the date on which the Department received all required information.
(2) In accordance with Regulation 61-30, Environmental Protection Fees, the Department shall make a final determination on the application. This involves performing the following actions in a timely manner:
(a) Make a preliminary determination whether construction should be approved, approved with conditions, or disapproved.
(b) Make available in at least one location in each region in which the proposed source or modification would be constructed a copy of all materials the applicant submitted, a copy of the preliminary determination and a copy or summary of other materials, if any, considered in making the preliminary determination. This requirement may be met by making these materials available at a physical location or on a public website identified by the Department.
(c) Notify the public, by posting the notice, for the duration of the public comment period, on a public website identified by the Department. This consistent noticing method shall be used for all draft permits subject to notice under this section. The public website notice shall include a notice of public comment including notice of the application, the preliminary determination, the degree of increment consumption that is expected from the source or modification, and the opportunity for comment at a public hearing as well as written public comment. The public website notice shall also include the draft permit, information on how to access the administrative record for the draft permit and how to request and/or attend a public hearing on the draft permit. The Department may use additional means to provide adequate notice to the affected public, including by publishing the notice in a newspaper of general circulation in each region in which the proposed source or modification would be constructed (or in a state publication designed to give general public notice).
(d) Send a copy of the notice of public comment to the applicant, the Administrator of EPA, and to officials and agencies having cognizance over the location where the proposed construction would occur as follows: The chief executives of the city and county where the source or modification would be located, any comprehensive regional land use planning agency and any state, Federal Land Manager, or Indian Governing Body whose lands may be affected by emissions from the source or modification.
(e) Provide opportunity for a public hearing for interested persons to appear and submit written or oral comments on the air quality impact of the source or modification, alternatives to the source or modification, the control technology required, and other appropriate considerations.
(f) Consider all written comments submitted within a time specified in the notice of public comment and all comments received at any public hearing in making a final decision on the approvability of the application. No later than ten (10) days after the close of the public comment period, the applicant may submit a written response to any comments submitted by the public. The Department shall consider the applicant's response in making a final decision. The Department shall make all comments available for public inspection in the same location or on the same website where the Department made available preconstruction information relating to the proposed source or modification.
(g) Make a final determination whether construction should be approved, approved with conditions, or disapproved pursuant to this section.
(h) Notify the applicant in writing of the final determination and make such notification available for public inspection at the same location or on the same website where the Department made available preconstruction information and public comments relating to the source or modification.
(i) Notify EPA of every action related to the consideration of the permit.
(3) The requirements of Section (Q), Public Participation, of this standard shall not apply to any major plant or major modification which Section (I), Exemptions, would exempt from the requirements of Sections (K), (M), and (O), but only to the extent that, with respect to each of the criteria for construction approval under the South Carolina State Implementation Plan and for exemption under Section (I), requirements providing the public with at least as much participation in each material determination as those of Section (Q) have been met in the granting of such construction approval.
(R) Source obligation.
In addition to all other applicable requirements specified in this regulation, the owner or operator shall comply with the requirements of paragraphs (R)(1) through (R)(8).
(1) Any owner or operator who constructs or operates a source or modification not in accordance with the application submitted pursuant to this section or with the terms of any approval to construct, or any owner or operator of a source or modification subject to this section who commences construction after the effective date of these regulations without applying for and receiving approval hereunder, shall be subject to appropriate enforcement action.
(2) Approval to construct shall become invalid if construction is not commenced within eighteen (18) months after receipt of such approval, if construction is discontinued for a period of eighteen (18) months or more, or if construction is not completed within a reasonable time. The Department may extend the eighteen (18)-month period upon a satisfactory showing that an extension is justified. This provision does not apply to the time period between construction of the approved phases of a phased construction project; each phase must commence construction within eighteen (18) months of the projected and approved commencement date.
(3) Approval to construct shall not relieve any owner or operator of the responsibility to comply fully with applicable provisions of the State Implementation Plan and any other requirements under local, state, or federal law.
(4) At such time that a particular source or modification becomes a major stationary source or major modification solely by virtue of a relaxation in any enforceable limitation which was established after August 7, 1980, on the capacity of the source or modification otherwise to emit a pollutant, such as a restriction on hours of operation, then the requirements of paragraphs (J) through (R) shall apply to the source or modification as though construction had not yet commenced on the source or modification.
(5) [Reserved]
(6) Monitoring, recordkeeping and reporting. The provisions of this paragraph (R)(6) apply with respect to any regulated NSR pollutant emitted from projects at an existing emissions unit at a major stationary source (other than projects at a source with a PAL) in circumstances where there is a reasonable possibility that a project that is not a part of a major modification may result in a significant emissions increase and the owner or operator elects to use the method specified in paragraphs (B)(41)(b)(i) through (B)(41)(b)(iii) for calculating projected actual emissions.
(a) If the project requires construction permitting under Regulation 61-62.1, Section II, "Permit Requirements," the owner or operator shall provide a copy of the information set out in paragraph (R)(6)(b) as part of the permit application to the Department. If construction permitting under Regulation 61-62.1, Section II, "Permit Requirements," is not required, the owner or operator shall maintain the information set out in paragraph (R)(6)(b).
(b) Before beginning actual construction of the project, the owner or operator shall document and maintain a record of the following information:
(i) A description of the project;
(ii) Identification of the emissions unit(s) whose emissions of a regulated NSR pollutant could be affected by the project; and
(iii) A description of the applicability test used to determine that the project is not a major modification for any regulated NSR pollutant, including the baseline actual emissions, the projected actual emissions, the amount of emissions excluded under paragraph (B)(41)(b)(iii) and an explanation for why such amount was excluded, and any netting calculations, if applicable.
(c) If the emissions unit is an existing electric utility steam generating unit, before beginning actual construction, the owner or operator shall provide a copy of the information set out in paragraph (R)(6)(b) of this section to the Department. Nothing in this paragraph shall be construed to require the owner or operator of such a unit to obtain any determination from the Department before beginning actual construction.
(d) The owner or operator shall monitor the emissions of any regulated NSR pollutant that could increase as a result of the project and that is emitted by any emissions unit identified in paragraph (R)(6)(b)(ii); and calculate and maintain a record of the annual emissions, in tons per year on a calendar year basis, for a period of five (5) years following resumption of regular operations after the change, or for a period of ten (10) years following resumption of regular operations after the change if the project increases the design capacity of or potential to emit that regulated NSR pollutant at such emissions unit.
(e) If the unit is an existing electric utility steam generating unit, the owner or operator shall submit a report to the Department within sixty (60) days after the end of each year during which records must be generated under paragraph (R)(6)(d) setting out the unit's annual emissions during the calendar year that preceded submission of the report.
(f) If the unit is an existing unit other than an electric utility steam generating unit, the owner or operator shall submit a report to the Department if the annual emissions, in tons per year, from the project identified in paragraph (R)(6)(b), exceed the baseline actual emissions (as documented and maintained pursuant to paragraph (R)(6)(b)(iii)), by a significant amount (as defined in paragraph (B)(49)) for that regulated NSR pollutant, and if such emissions differ from the preconstruction projection as documented and maintained pursuant to paragraph (R)(6)(b)(iii). Such report shall be submitted to the Department within sixty (60) days after the end of such year. The report shall contain the following:
(i) The name, address and telephone number of the major stationary source;
(ii) The annual emissions as calculated pursuant to paragraph (R)(6)(d); and
(iii) Any other information needed to make a compliance determination (for example, an explanation as to why the emissions differ from the preconstruction projection).
(g) A "reasonable possibility" under paragraph (R)(6) of this section occurs when the owner or operator calculates the project to result in either:
(i) A projected actual emissions increase of at least fifty (50) percent of the amount that is a "significant emissions increase," as defined under paragraph (B)(50) of this section (without reference to the amount that is a significant net emissions increase), for the regulated NSR pollutant; or
(ii) A projected actual emissions increase that, added to the amount of emissions excluded under paragraph (B)(41)(b)(iii) of this section, sums to at least fifty (50) percent of the amount that is a "significant emissions increase," as defined under paragraph (B)(50) of this section (without reference to the amount that is a significant net emissions increase), for the regulated NSR pollutant. For a project for which a reasonable possibility occurs only within the meaning of paragraph (R)(6)(g)(ii) of this section, and not also within the meaning of paragraph (R)(6)(g)(i) of this section, then provisions (R)(6)(c) through (R)(6)(f) do not apply to the project.
(7) If a project at a source with a PAL requires construction permitting under Regulation 61-62.1, Section II, "Permit Requirements", the owner or operator shall provide notification of source status as part of the permit application to the Department.
(8) The owner or operator of the source shall make the information required to be documented and maintained pursuant to paragraph (R)(6) available for review upon a request for inspection by the Department or the general public pursuant to the requirements contained in 40 CFR 70.4(b)(3)(viii).
(S) through (U)(2) [Reserved]
(U)(3) In the case of a source or modification which proposes to construct in a Class III area, emissions from which would cause or contribute to air quality exceeding the maximum allowable increase applicable if the area were designated a Class II area, and where no standard under Section 111 of the Clean Air Act has been promulgated for such source category, the Administrator must approve the determination of BACT as set forth in the permit.
(V) Innovative control technology.
(1) An owner or operator of a proposed major stationary source or major modification may request the Department in writing no later than the close of the comment period under 40 CFR 124.10 to approve a system of innovative control technology.
(2) The Department shall, with the consent of the governor(s) of the affected state(s), determine that the source or modification may employ a system of innovative control technology, if:
(a) The proposed control system would not cause or contribute to an unreasonable risk to public health, welfare, or safety in its operation or function;
(b) The owner or operator agrees to achieve a level of continuous emissions reduction equivalent to that which would have been required under paragraph (J)(2), by a date specified by the Department. Such date shall not be later than four (4) years from the time of startup or seven (7) years from permit issuance;
(c) The source or modification would meet the requirements of paragraphs (J) and (K), based on the emissions rate that the stationary source employing the system of innovative control technology would be required to meet on the date specified by the Department;
(d) The source or modification would not before the date specified by the Department:
(i) Cause or contribute to a violation of an applicable National Ambient Air Quality Standard; or
(ii) Impact any area where an applicable increment is known to be violated; and
(e) All other applicable requirements including those for public participation have been met.
(f) The provisions of paragraph (P) (relating to Class I areas) have been satisfied with respect to all periods during the life of the source or modification.
(3) The Department shall withdraw any approval to employ a system of innovative control technology made under this section, if:
(a) The proposed system fails by the specified date to achieve the required continuous emissions reduction rate; or
(b) The proposed system fails before the specified date so as to contribute to an unreasonable risk to public health, welfare, or safety; or
(c) The Department decides at any time that the proposed system is unlikely to achieve the required level of control or to protect the public health, welfare, or safety.
(4) If a source or modification fails to meet the required level of continuous emission reduction within the specified time period or the approval is withdrawn in accordance with paragraph (V)(3), the Department may allow the source or modification up to an additional three (3) years to meet the requirement for the application of best available control technology through use of a demonstrated system of control.
(W) Permit rescission.
(1) Any permit issued under this section or a prior version of this regulation shall remain in effect, unless and until it expires under paragraph (R)(2) or is rescinded under this paragraph (W).
(2) Any owner or operator of a stationary source or modification who holds a permit issued under this section for the construction of a new source or modification that meets the requirement in paragraph (W)(3) of this section may request that the Department rescind the permit or a particular portion of the permit.
(3) The Department may grant an application for rescission if the application shows that this section would not apply to the source or modification.
(4) If the Department rescinds a permit under this paragraph, the Department shall post a notice of the rescission determination on a public website identified by the Department within sixty (60) days of the rescission.
(X) [Reserved]
(Y) [Reserved]
(Z) [Reserved]
(AA) Actuals PALs. The provisions in paragraphs (AA)(1) through (AA)(15) govern actuals PALs.
(1) Applicability.
(a) The Department may approve the use of an actuals PAL for any existing major stationary source if the PAL meets the requirements in paragraphs (AA)(1) through (AA)(15). The term "PAL" shall mean "actuals PAL" throughout Section (AA).
(b) Any physical change in or change in the method of operation of a major stationary source that maintains its total source-wide emissions below the PAL level, meets the requirements in paragraphs (AA)(1) through (AA)(15), and complies with the PAL permit:
(i) Is not a major modification for the PAL pollutant;
(ii) Does not have to be approved through Regulation 61-62.5, Standard 7, Prevention of Significant Deterioration. However, the change will be reviewed through Regulation 61-62.1, Section II, Permit Requirements; and
(iii) Is not subject to the provisions in paragraph (R)(4) (restrictions on relaxing enforceable emission limitations that the major stationary source used to avoid applicability of the major NSR program).
(c) Except as provided under paragraph (AA)(1)(b)(iii), a major stationary source shall continue to comply with all applicable federal or state requirements, emission limitations, and work practice requirements that were established prior to the effective date of the PAL.
(2) Definitions. The definitions in paragraphs (AA)(2)(a) through (AA)(2)(k) shall apply to actual PALs consistent with paragraphs (AA)(1) through (AA)(15). When a term is not defined in these paragraphs, it shall have the meaning given in paragraph (B) or in the Clean Air Act.
(a) Actuals PAL for a major stationary source means a PAL based on the baseline actual emissions (as defined in paragraph (B)(4)) of all emissions units (as defined in paragraph (B)(20)) at the source, that emit or have the potential to emit the PAL pollutant.
(b) Allowable emissions means "allowable emissions" as defined in paragraph (B)(3), except as this definition is modified according to paragraphs (AA)(2)(b)(i) and (AA)(2)(b)(ii).
(i) The allowable emissions for any emissions unit shall be calculated considering any emission limitations that are enforceable as a practical matter on the emissions unit's potential to emit.
(ii) An emissions unit's potential to emit shall be determined using the definition in paragraph (B)(37), except that the words "or enforceable as a practical matter" should be added after "federally enforceable."
(c) Small emissions unit means an emissions unit that emits or has the potential to emit the PAL pollutant in an amount less than the significant level for that PAL pollutant, as defined in paragraph (B)(49) or in the Clean Air Act, whichever is lower.
(d) Major emissions unit means:
(i) Any emissions unit that emits or has the potential to emit one hundred (100) tons per year or more of the PAL pollutant in an attainment area; or
(ii) Any emissions unit that emits or has the potential to emit the PAL pollutant in an amount that is equal to or greater than the major source threshold for the PAL pollutant as defined by the Clean Air Act for nonattainment areas. For example, in accordance with the definition of major stationary source in Section 182(c) of the Clean Air Act, an emissions unit would be a major emissions unit for VOC if the emissions unit is located in a serious ozone nonattainment area and it emits or has the potential to emit fifty (50) or more tons of VOC per year.
(e) Plantwide applicability limitation (PAL) means an emission limitation expressed in tons per year, for a pollutant at a major stationary source, that is enforceable as a practical matter and established source-wide in accordance with paragraphs (AA)(1) through (AA)(15).
(f) PAL effective date generally means the date of issuance of the PAL permit. However, the PAL effective date for an increased PAL is the date any emissions unit that is part of the PAL major modification becomes operational and begins to emit the PAL pollutant.
(g) PAL effective period means the period beginning with the PAL effective date and ending ten (10) years later.
(h) PAL major modification means, notwithstanding paragraphs (B)(30) and (B)(34) (the definitions for major modification and net emissions increase), any physical change in or change in the method of operation of the PAL source that causes it to emit the PAL pollutant at a level equal to or greater than the PAL.
(i) PAL permit means the major NSR permit, the minor NSR permit, or the state operating permit under Regulation 61-62.1, Section II(G), or the Title V permit issued by the Department that establishes a PAL for a major stationary source.
(j) PAL pollutant means the pollutant for which a PAL is established at a major stationary source.
(k) Significant emissions unit means an emissions unit that emits or has the potential to emit a PAL pollutant in an amount that is equal to or greater than the significant level (as defined in paragraph (B)(49) or in the Clean Air Act, whichever is lower) for that PAL pollutant, but less than the amount that would qualify the unit as a major emissions unit as defined in paragraph (AA)(2)(d).
(3) Permit application requirements. As part of a permit application requesting a PAL, the owner or operator of a major stationary source shall submit the following information to the Department for approval:
(a) A list of all emissions units at the source designated as small, significant or major based on their potential to emit. In addition, the owner or operator of the source shall indicate which, if any, federal or state applicable requirements, emission limitations, or work practices apply to each unit.
(b) Calculations of the baseline actual emissions (with supporting documentation). Baseline actual emissions are to include emissions associated not only with operation of the unit, but also emissions associated with startup, shutdown, and malfunction.
(c) The calculation procedures that the major stationary source owner or operator proposes to use to convert the monitoring system data to monthly emissions and annual emissions based on a twelve (12)-month rolling total for each month as required by paragraph (AA)(13)(a).
(4) General requirements for establishing PALs.
(a) The Department is allowed to establish a PAL at a major stationary source, provided that at a minimum, the requirements in paragraphs (AA)(4)(a)(i) through (AA)(4)(a)(vii) are met.
(i) The PAL shall impose an annual emission limitation in tons per year, that is enforceable as a practical matter, for the entire major stationary source. For each month during the PAL effective period after the first twelve (12) months of establishing a PAL, the major stationary source owner or operator shall show that the sum of the monthly emissions from each emissions unit under the PAL for the previous twelve (12) consecutive months is less than the PAL (a twelve (12)-month average, rolled monthly). For each month during the first eleven (11) months from the PAL effective date, the major stationary source owner or operator shall show that the sum of the preceding monthly emissions from the PAL effective date for each emissions unit under the PAL is less than the PAL.
(ii) The PAL shall be established in a PAL permit that meets the public participation requirements in paragraph (AA)(5).
(iii) The PAL permit shall contain all the requirements of paragraph (AA)(7).
(iv) The PAL shall include fugitive emissions, to the extent quantifiable, from all emissions units that emit or have the potential to emit the PAL pollutant at the major stationary source.
(v) Each PAL shall regulate emissions of only one pollutant.
(vi) Each PAL shall have a PAL effective period of ten (10) years.
(vii) The owner or operator of the major stationary source with a PAL shall comply with the monitoring, recordkeeping, and reporting requirements provided in paragraphs (AA)(12) through (AA)(14) for each emissions unit under the PAL through the PAL effective period.
(b) At no time (during or after the PAL effective period) are emissions reductions of a PAL pollutant that occur during the PAL effective period creditable as decreases for purposes of offsets under 40 CFR 51.165(a)(3)(ii) unless the level of the PAL is reduced by the amount of such emissions reductions and such reductions would be creditable in the absence of the PAL.
(5) Public participation requirements for PALs. PALs for existing major stationary sources shall be established, renewed, or increased through a procedure that is consistent with Section (Q) "Public Participation" of this regulation. This includes the requirement that the Department provide the public with notice of the proposed approval of a PAL permit and at least a thirty (30)-day period for submittal of public comment. The Department must address all material comments before taking final action on the permit.
(6) Setting the 10-year actuals PAL level.
(a) Except as provided in paragraph (AA)(6)(b), the actuals PAL level for a major stationary source shall be established as the sum of the baseline actual emissions (as defined in paragraph (B)(4)) of the PAL pollutant for each emissions unit at the source; plus an amount equal to the applicable significant level for the PAL pollutant under paragraph (B)(49) or under the Clean Air Act, whichever is lower. When establishing the actuals PAL level, for a PAL pollutant, only one consecutive twenty-four (24)-month period must be used to determine the baseline actual emissions for all existing emissions units. However, a different consecutive twenty-four (24)-month period may be used for each different PAL pollutant. Emissions associated with units that were permanently shut down after this twenty-four (24)-month period must be subtracted from the PAL level. The Department shall specify a reduced PAL level(s) (in tons per year) in the PAL permit to become effective on the future compliance date(s) of any applicable federal or state regulatory requirement(s) that the Department is aware of prior to the issuance of the PAL permit. For instance, if the source owner or operator will be required to reduce emissions from industrial boilers in half from baseline emissions of sixty (60) parts per million (ppm) NOX to a new rule limit of thirty (30) ppm, then the permit shall contain a future effective PAL level that is equal to the current PAL level reduced by half of the original baseline emissions of such unit(s).
(b) For newly constructed units (which do not include modification to existing units) on which actual construction began after the twenty-four (24)-month period, the emissions must be added to the PAL level in an amount equal to the potential to emit of the units.
(7) Contents of the PAL permit. The PAL permit must contain, at a minimum, the information in paragraphs (AA)(7)(a) through (AA)(7)(j).
(a) The PAL pollutant and the applicable source-wide emission limitation in tons per year.
(b) The PAL permit effective date and the expiration date of the PAL (PAL effective period).
(c) Specification in the PAL permit that if a major stationary source owner or operator applies to renew a PAL in accordance with paragraph (AA)(10) before the end of the PAL effective period, then the PAL shall not expire at the end of the PAL effective period. It shall remain in effect until a revised PAL permit is issued by the Department.
(d) A requirement that emission calculations for compliance purposes must include emissions from startups, shutdowns, and malfunctions.
(e) A requirement that, once the PAL expires, the major stationary source is subject to the requirements of paragraph (AA)(9).
(f) The calculation procedures that the major stationary source owner or operator shall use to convert the monitoring system data to monthly emissions and annual emissions based on a twelve (12)-month rolling total as required by paragraph (AA)(13)(a).
(g) A requirement that the major stationary source owner or operator monitor all emissions units in accordance with the provisions under paragraph (AA)(12).
(h) A requirement to retain the records required under paragraph (AA)(13) on site. Such records may be retained in an electronic format.
(i) A requirement to submit the reports required under paragraph (AA)(14) by the required deadlines.
(j) Any other requirements that the Department deems necessary to implement and enforce the PAL.
(8) PAL effective period and reopening of the PAL permit. The requirements in paragraphs (AA)(8)(a) and (AA)(8)(b) apply to actuals PALs.
(a) PAL effective period. The Department shall specify a PAL effective period of ten (10) years.
(b) Reopening of the PAL permit.
(i) During the PAL effective period, the Department must reopen the PAL permit to:
(1) Correct typographical/calculation errors made in setting the PAL or reflect a more accurate determination of emissions used to establish the PAL;
(2) Reduce the PAL if the owner or operator of the major stationary source creates creditable emissions reductions for use as offsets under 40 CFR 51.165(a)(3)(ii); and
(3) Revise the PAL to reflect an increase in the PAL as provided under paragraph (AA)(11).
(ii) The Department shall have discretion to reopen the PAL permit for the following:
(1) Reduce the PAL to reflect newly applicable federal requirements (for example, NSPS) with compliance dates after the PAL effective date;
(2) Reduce the PAL consistent with any other requirement, that is enforceable as a practical matter, and that the state may impose on the major stationary source under the State Implementation Plan; and
(3) Reduce the PAL if the Department determines that a reduction is necessary to avoid causing or contributing to a National Ambient Air Quality Standard or PSD increment violation, or to an adverse impact on an air quality related value that has been identified for a Class I area by a Federal Land Manager and for which information is available to the general public.
(iii) Except for the permit reopening in paragraph (AA)(8)(b)(i)(1) for the correction of typographical/calculation errors that do not increase the PAL level, all other reopenings shall be carried out in accordance with the public participation requirements of paragraph (AA)(5).
(9) Expiration of a PAL. Any PAL that is not renewed in accordance with the procedures in paragraph (AA)(10) shall expire at the end of the PAL effective period, and the requirements in paragraphs (AA)(9)(a) through (AA)(9)(e) shall apply.
(a) Each emissions unit (or each group of emissions units) that existed under the PAL shall comply with an allowable emission limitation under a revised permit established according to the procedures in paragraphs (AA)(9)(a)(i) and (AA)(9)(a)(ii).
(i) Within the time frame specified for PAL renewals in paragraph (AA)(10)(b), the major stationary source shall submit a proposed allowable emission limitation for each emissions unit (or each group of emissions units, if such a distribution is more appropriate as decided by the Department) by distributing the PAL allowable emissions for the major stationary source among each of the emissions units that existed under the PAL. If the PAL had not yet been adjusted for an applicable requirement that became effective during the PAL effective period, as required under paragraph (AA)(10)(e), such distribution shall be made as if the PAL had been adjusted.
(ii) The Department shall decide whether and how the PAL allowable emissions will be distributed and issue a revised permit incorporating allowable limits for each emissions unit, or each group of emissions units, as the Department determines is appropriate.
(b) Each emissions unit(s) shall comply with the allowable emission limitation on a twelve (12)-month rolling basis. The Department may approve the use of monitoring systems (source testing, emission factors, etc.) other than CEMS, CERMS, PEMS, or CPMS to demonstrate compliance with the allowable emission limitation.
(c) Until the Department issues the revised permit incorporating allowable limits for each emissions unit, or each group of emissions units, as required under paragraph (AA)(9)(a)(ii), the source shall continue to comply with a source-wide, multi-unit emissions cap equivalent to the level of the PAL emission limitation.
(d) Any physical change or change in the method of operation at the major stationary source will be subject to major NSR requirements if such change meets the definition of major modification in paragraph (B)(30).
(e) The major stationary source owner or operator shall continue to comply with any state or federal applicable requirements (BACT, RACT, NSPS, etc.) that may have applied either during the PAL effective period or prior to the PAL effective period except for those emission limitations that had been established pursuant to paragraph (R)(4), but were eliminated by the PAL in accordance with the provisions in paragraph (AA)(1)(b)(iii).
(10) Renewal of a PAL.
(a) The Department shall follow the procedures specified in paragraph (AA)(5) in approving any request to renew a PAL for a major stationary source, and shall provide both the proposed PAL level and a written rationale for the proposed PAL level to the public for review and comment. During such public review, any person may propose a PAL level for the source for consideration by the Department.
(b) Application deadline. A major stationary source owner or operator shall submit a timely application to the Department to request renewal of a PAL. A timely application is one that is submitted at least six (6) months prior to, but not earlier than eighteen (18) months from, the date of permit expiration. This deadline for application submittal is to ensure that the permit will not expire before the permit is renewed. If the owner or operator of a major stationary source submits a complete application to renew the PAL within this time period, then the PAL shall continue to be effective until the revised permit with the renewed PAL is issued.
(c) Application requirements. The application to renew a PAL permit shall contain the information required in paragraphs (AA)(10)(c)(i) through (AA)(10)(c)(iv).
(i) The information required in paragraphs (AA)(3)(a) through (AA)(3)(c).
(ii) A proposed PAL level.
(iii) The sum of the potential to emit of all emissions units under the PAL (with supporting documentation).
(iv) Any other information the owner or operator wishes the Department to consider in determining the appropriate level for renewing the PAL.
(d) PAL adjustment. In determining whether and how to adjust the PAL, the Department shall consider the options outlined in paragraphs (AA)(10)(d)(i) and (AA)(10)(d)(ii). However, in no case may any such adjustment fail to comply with paragraph (AA)(10)(d)(iii).
(i) If the emissions level calculated in accordance with paragraph (AA)(6) is equal to or greater than eighty (80) percent of the PAL level, the Department may renew the PAL at the same level without considering the factors set forth in paragraph (AA)(10)(d)(ii); or
(ii) The Department may set the PAL at a level that it determines to be more representative of the source's baseline actual emissions, or that it determines to be more appropriate considering air quality needs, advances in control technology, anticipated economic growth in the area, desire to reward or encourage the source's voluntary emissions reductions, or other factors as specifically identified by the Department in its written rationale.
(iii) Notwithstanding paragraphs (AA)(10)(d)(i) and (AA)(10)(d)(ii):
(1) If the potential to emit of the major stationary source is less than the PAL, the Department shall adjust the PAL to a level no greater than the potential to emit of the source; and
(2) The Department shall not approve a renewed PAL level higher than the current PAL, unless the major stationary source has complied with the provisions of paragraph (AA)(11) (increasing a PAL).
(e) If the compliance date for a state or federal requirement that applies to the PAL source occurs during the PAL effective period, and if the Department has not already adjusted for such requirement, the PAL shall be adjusted at the time of PAL permit renewal or Title V permit renewal, whichever occurs first.
(11) Increasing a PAL during the PAL effective period.
(a) The Department may increase a PAL emission limitation only if the major stationary source complies with the provisions in paragraphs (AA)(11)(a)(i) through (AA)(11)(a)(iv).
(i) The owner or operator of the major stationary source shall submit a complete application to request an increase in the PAL limit for a PAL major modification. Such application shall identify the emissions unit(s) contributing to the increase in emissions so as to cause the major stationary source's emissions to equal or exceed its PAL.
(ii) As part of this application, the major stationary source owner or operator shall demonstrate that the sum of the baseline actual emissions of the small emissions units, plus the sum of the baseline actual emissions of the significant and major emissions units assuming application of BACT equivalent controls, plus the sum of the allowable emissions of the new or modified emissions unit(s) exceeds the PAL. The level of control that would result from BACT equivalent controls on each significant or major emissions unit shall be determined by conducting a new BACT analysis at the time the application is submitted, unless the emissions unit is currently required to comply with a BACT or LAER requirement that was established within the preceding ten (10) years. In such a case, the assumed control level for that emissions unit shall be equal to the level of BACT or LAER with which that emissions unit must currently comply.
(iii) The owner or operator obtains a major NSR permit for all emissions unit(s) identified in paragraph (AA)(11)(a)(i), regardless of the magnitude of the emissions increase resulting from them (that is, no significant levels apply). These emissions unit(s) shall comply with any emissions requirements resulting from the major NSR process (for example, BACT), even though they have also become subject to the PAL or continue to be subject to the PAL.
(iv) The PAL permit shall require that the increased PAL level shall be effective on the day any emissions unit that is part of the PAL major modification becomes operational and begins to emit the PAL pollutant.
(b) The Department shall calculate the new PAL as the sum of the allowable emissions for each modified or new emissions unit, plus the sum of the baseline actual emissions of the significant and major emissions units (assuming application of BACT equivalent controls as determined in accordance with paragraph (AA)(11)(a)(ii)), plus the sum of the baseline actual emissions of the small emissions units.
(c) The PAL permit shall be revised to reflect the increased PAL level pursuant to the public notice requirements of paragraph (AA)(5).
(12) Monitoring requirements for PALs.
(a) General requirements.
(i) Each PAL permit must contain enforceable requirements for the monitoring system that accurately determines plantwide emissions of the PAL pollutant in terms of mass per unit of time. Any monitoring system authorized for use in the PAL permit must be based on sound science and meet generally acceptable scientific procedures for data quality and manipulation. Additionally, the information generated by such system must meet minimum legal requirements for admissibility in a judicial proceeding to enforce the PAL permit.
(ii) The PAL monitoring system must employ one or more of the four general monitoring approaches meeting the minimum requirements set forth in paragraphs (AA)(12)(b)(i) through (AA)(12)(b)(iv) and must be approved by the Department.
(iii) Notwithstanding paragraph (AA)(12)(a)(ii), the owner or operator may also employ an alternative monitoring approach that meets paragraph (AA)(12)(a)(i) if approved by the Department.
(iv) Failure to use a monitoring system that meets the requirements of this regulation renders the PAL invalid.
(b) Minimum performance requirements for approved monitoring approaches. The following are acceptable general monitoring approaches when conducted in accordance with the minimum requirements in paragraphs (AA)(12)(c) through (AA)(12)(i):
(i) Mass balance calculations for activities using coatings or solvents;
(ii) CEMS;
(iii) CPMS or PEMS; and
(iv) Emission factors.
(c) Mass balance calculations. An owner or operator using mass balance calculations to monitor PAL pollutant emissions from activities using coating or solvents shall meet the following requirements:
(i) Provide a demonstrated means of validating the published content of the PAL pollutant that is contained in or created by all materials used in or at the emissions unit;
(ii) Assume that the emissions unit emits all of the PAL pollutant that is contained in or created by any raw material or fuel used in or at the emissions unit, if it cannot otherwise be accounted for in the process; and
(iii) Where the vendor of a material or fuel, which is used in or at the emissions unit, publishes a range of pollutant content from such material, the owner or operator must use the highest value of the range to calculate the PAL pollutant emissions unless the Department determines there is site-specific data or a site-specific monitoring program to support another content within the range.
(d) CEMS. An owner or operator using CEMS to monitor PAL pollutant emissions shall meet the following requirements:
(i) CEMS must comply with applicable Performance Specifications found in 40 CFR Part 60, Appendix B; and
(ii) CEMS must sample, analyze and record data at least every fifteen (15) minutes while the emissions unit is operating.
(e) CPMS or PEMS. An owner or operator using CPMS or PEMS to monitor PAL pollutant emissions shall meet the following requirements:
(i) The CPMS or the PEMS must be based on current site-specific data demonstrating a correlation between the monitored parameter(s) and the PAL pollutant emissions across the range of operation of the emissions unit; and
(ii) Each CPMS or PEMS must sample, analyze, and record data at least every fifteen (15) minutes, or at another less frequent interval approved by the Department, while the emissions unit is operating.
(f) Emission factors. An owner or operator using emission factors to monitor PAL pollutant emissions shall meet the following requirements:
(i) All emission factors shall be adjusted, if appropriate, to account for the degree of uncertainty or limitations in the factors' development;
(ii) The emissions unit shall operate within the designated range of use for the emission factor, if applicable; and
(iii) If technically practicable, the owner or operator of a significant emissions unit that relies on an emission factor to calculate PAL pollutant emissions shall conduct validation testing to determine a site-specific emission factor within six (6) months of PAL permit issuance, unless the Department determines that testing is not required.
(g) A source owner or operator must record and report maximum potential emissions without considering enforceable emission limitations or operational restrictions for an emissions unit during any period of time that there is no monitoring data, unless another method for determining emissions during such periods is specified in the PAL permit.
(h) Notwithstanding the requirements in paragraphs (AA)(12)(c) through (AA)(12)(g), where an owner or operator of an emissions unit cannot demonstrate a correlation between the monitored parameter(s) and the PAL pollutant emissions rate at all operating points of the emissions unit, the Department shall, at the time of permit issuance:
(i) Establish default value(s) for determining compliance with the PAL based on the highest potential emissions reasonably estimated at such operating point(s); or
(ii) Determine that operation of the emissions unit during operating conditions when there is no correlation between monitored parameter(s) and the PAL pollutant emissions is a violation of the PAL.
(i) Re-validation. All data used to establish the PAL pollutant must be re-validated through performance testing or other scientifically valid means approved by the Department. Such testing must occur at least once every five (5) years after issuance of the PAL.
(13) Recordkeeping requirements.
(a) The PAL permit shall require an owner or operator to retain a copy of all records necessary to determine compliance with any requirement of Section (AA) and of the PAL, including a determination of each emissions unit's twelve (12)-month rolling total emissions, for five (5) years from the date of such record.
(b) The PAL permit shall require an owner or operator to retain a copy of the following records for the duration of the PAL effective period plus five (5) years:
(i) A copy of the PAL permit application and any applications for revisions to the PAL; and
(ii) Each annual certification of compliance pursuant to Title V and the data relied on in certifying the compliance.
(14) Reporting and notification requirements. The owner or operator shall submit semi-annual monitoring reports and prompt deviation reports to the Department in accordance with Regulation 61-62.70. The reports shall meet the requirements in paragraphs (AA)(14)(a) through (AA)(14)(c).
(a) Semi-annual report. The semi-annual report shall be submitted to the Department within 30 days of the end of each reporting period. This report shall contain the information required in paragraphs (AA)(14)(a)(i) through (AA)(14)(a)(vii).
(i) The identification of owner and operator and the permit number.
(ii) Total annual emissions (tons per year) based on a twelve (12)-month rolling total for each month in the reporting period recorded pursuant to paragraph (AA)(13)(a).
(iii) All data relied upon, including, but not limited to, any Quality Assurance or Quality Control data, in calculating the monthly and annual PAL pollutant emissions.
(iv) A list of any emissions units modified or added to the major stationary source during the preceding six (6)-month period.
(v) The number, duration, and cause of any deviations or monitoring malfunctions (other than the time associated with zero and span calibration checks), and any corrective action taken.
(vi) A notification of a shutdown of any monitoring system, whether the shutdown was permanent or temporary, the reason for the shutdown, the anticipated date that the monitoring system will be fully operational or replaced with another monitoring system, and whether the emissions unit monitored by the monitoring system continued to operate, and the calculation of the emissions of the pollutant or the number determined by method included in the permit, as provided by (AA)(12)(g).
(vii) A signed statement by the responsible official (as defined by Regulation 61-62.70) certifying the truth, accuracy, and completeness of the information provided in the report.
(b) Deviation report. The major stationary source owner or operator shall promptly submit reports of any deviations or exceedance of the PAL requirements, including periods where no monitoring is available. A report submitted pursuant to 40 CFR 70.6(a)(3)(iii)(B) shall satisfy this reporting requirement. The deviation reports shall be submitted within the time limits prescribed by the applicable program implementing 40 CFR 70.6(a)(3)(iii)(B). The reports shall contain the following information:
(i) The identification of owner and operator and the permit number;
(ii) The PAL requirement that experienced the deviation or that was exceeded;
(iii) Emissions resulting from the deviation or the exceedance; and
(iv) A signed statement by the responsible official (as defined by Regulation 61-62.70) certifying the truth, accuracy, and completeness of the information provided in the report.
(c) Re-validation results. The owner or operator shall submit to the Department the results of any re-validation test or method within three (3) months after completion of such test or method.
(15) Transition requirements.
(a) The Department may not issue a PAL that does not comply with the requirements in paragraphs (AA)(1) through (AA)(15) after the date these provisions become effective.
(b) The Department may supersede any PAL that was established prior to the date these provisions become effective with a PAL that complies with the requirements of paragraphs (AA)(1) through (AA)(15).
(BB) If any provision of this regulation, or the application of such provision to any person or circumstance, is held invalid, the remainder of this regulation, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.
HISTORY: Amended by State Register Volume 36, Issue No. 4, eff April 27, 2012; State Register Volume 37, Issue No. 3, eff March 22, 2013 (errata); State Register Volume 37, Issue No. 12, eff December 27, 2013; State Register Volume 39, Issue No. 6, Doc. No. 4481, eff June 26, 2015; State Register Volume 41, Issue No. 8, Doc. No. 4750, eff August 25, 2017; SCSR 44-4 Doc. No. 4873, eff April 24, 2020; SCSR 45-11 Doc. No. 5056, eff November 26, 2021.
Editor's Note
Scrivener's error corrected in 2017, in (v), moving paragraphs (i) to (iii) from paragraph (4) to paragraph (3).
Scrivener's error corrected in 2017, in (aa)(1)(i), removing underscoring from "(aa)(15)".
Scrivener's error corrected in 2017, in (aa)(12)(v)(b), removing underscoring from "fifteen", "(", and ")".
STANDARD NO. 7.1 NONATTAINMENT NEW SOURCE REVIEW (NSR)
(A) Applicability.
(1) This rule applies to all major stationary sources constructed or modified in any nonattainment area as designated in 40 Code of Federal Regulations (CFR) 81.341 ("nonattainment area") if the emissions from such facility will cause or contribute to concentrations of a regulated NSR pollutant (as defined in paragraph (B)(32)) for which the nonattainment area was designated as nonattainment. Applicability to this regulation shall be based on the pollutant emission rate set out in paragraph (B)(37) for only those pollutants for which the area's designation is based.
(a) The requirements of this regulation apply to the construction of any new major stationary source or the major modification of any existing major stationary source, except as provided in Section(A)(10).
(b) No new major stationary source or major modification to which the requirements of this regulation apply shall begin actual construction without a permit that states that the major stationary source or major modification will meet those requirements. The Department has authority to issue any such permit.
(2) Redesignation to attainment. If any nonattainment area to which this regulation applies is later designated in 40 CFR 81.341 as attainment, all sources in that nonattainment area subject to this regulation before the redesignation date shall continue to comply with this regulation.
(3) For any area designated as nonattainment a major stationary source or major modification that is major for volatile organic compounds (VOCs) or nitrogen oxides is also major for ozone.
(4) Except as otherwise provided in paragraph (A)(9), and consistent with the definition of major modification as defined in paragraph (B)(21)(a), a project is a major modification for a regulated NSR pollutant if it causes two types of emissions increases - a significant emissions increase (as defined in paragraph (B)(38), and a significant net emissions increase (as defined in paragraphs (B)(24) and (B)(37)). The project is not a major modification if it does not cause a significant emissions increase. If the project causes a significant emissions increase, then the project is a major modification only if it also results in a significant net emissions increase.
(5) The procedure for calculating, before beginning actual construction, whether a significant emissions increase (the first step of the process) will occur depends upon the type of emissions units being modified, according to paragraphs (A)(6) through (A)(8). The procedure for calculating, before beginning actual construction, whether a significant net emissions increase will occur at the major stationary source (the second step of the process) is contained in the definition in paragraph (B)(24). Regardless of any such preconstruction projections, a major modification results if the project causes a significant emissions increase and a significant net emissions increase.
(6) Actual-to-projected-actual applicability test for projects that only involve existing emissions units. A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the difference between the projected actual emissions (as defined in paragraph (B)(31)) and the baseline actual emissions (as defined in paragraphs (B)(3)(a) and (B)(3)(b), as applicable), for each existing emissions unit, equals or exceeds the significant amount for that pollutant (as defined in paragraph (B)(37)).
(7) Actual-to-potential test for projects that only involve construction of a new emissions unit(s). A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the difference between the potential to emit (as defined in paragraph (B)(27)) from each new emissions unit following completion of the project and the baseline actual emissions (as defined in paragraph (B)(3)(c)) of these units before the project equals or exceeds the significant amount for that pollutant (as defined in paragraph (B)(37)).
(8) Hybrid test for projects that involve multiple types of emissions units. A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the difference for all emissions units, using the method specified in paragraphs (A)(6) and (A)(7) as applicable with respect to each emissions unit, equals or exceeds the significant amount for that pollutant (as defined in paragraph (B)(37)).
(9) The "sum of the difference" as used in paragraphs (A)(6), (A)(7), and (A)(8) of this section shall include both increases and decreases in emissions calculated in accordance with those paragraphs.
(10) For any major stationary source with a Plantwide Applicability Limitation (PAL) for a regulated NSR pollutant, the major stationary source shall comply with requirements under Section (N).
(11) The provisions of this section shall not apply to a particular major stationary source or major modification if the source or modification would be a major stationary source or major modification only if fugitive emissions, to the extent quantifiable, are considered in calculating the potential to emit of the stationary source or modification and the source does not belong to any of the following categories:
(a) Coal cleaning plants (with thermal dryers);
(b) Kraft pulp mills;
(c) Portland cement plants;
(d) Primary zinc smelters;
(e) Iron and steel mills;
(f) Primary aluminum ore reduction plants;
(g) Primary copper smelters;
(h) Municipal incinerators capable of charging more than fifty (50) tons of refuse per day;
(i) Hydrofluoric, sulfuric, or nitric acid plants;
(j) Petroleum refineries;
(k) Lime plants;
(l) Phosphate rock processing plants;
(m) Coke oven batteries;
(n) Sulfur recovery plants;
(o) Carbon black plants (furnace process);
(p) Primary lead smelters;
(q) Fuel conversion plants;
(r) Sintering plants;
(s) Secondary metal production plants;
(t) Chemical process plants - The term chemical processing plant shall not include ethanol production facilities that produce ethanol by natural fermentation included in NAICS codes 325193 or 312140;
(u) Fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units per hour heat input;
(v) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels;
(w) Taconite ore processing plants;
(x) Glass fiber processing plants;
(y) Charcoal production plants;
(z) Fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input; and
(aa) Any other stationary source category which, as of August 7, 1980, is being regulated under Section 111 or 112 of the Clean Air Act.
(B) Definitions. For the purposes of this regulation:
(1)(a) Actual emissions means the actual rate of emissions of a regulated NSR pollutant from an emissions unit, as determined in accordance with paragraphs (B)(1)(b) through (B)(1)(d), except that this definition shall not apply for calculating whether a significant emissions increase has occurred, or for establishing a PAL under Section (N). Instead, paragraphs (B)(3) and (B)(31) shall apply for those purposes.
(b) In general, actual emissions as of a particular date shall equal the average rate, in tons per year, at which the unit actually emitted the pollutant during a consecutive twenty-four (24)-month period which precedes the particular date and which is representative of normal source operation. The Department shall allow the use of a different time period upon a determination that it is more representative of normal source operation. Actual emissions shall be calculated using the unit's actual operating hours, production rates, and types of materials processed, stored, or combusted during the selected time period.
(c) The Department may presume that source-specific allowable emissions for the unit are equivalent to the actual emissions of the unit.
(d) For any emissions unit that has not begun normal operations on the particular date, actual emissions shall equal the potential to emit of the unit on that date.
(2) Allowable emissions means the emissions rate of a stationary source calculated using the maximum rated capacity of the source (unless the source is subject to federally enforceable limits which restrict the operating rate, or hours of operation, or both) and the most stringent of the following:
(a) The applicable standards as set forth in 40 CFR Parts 60 and 61;
(b) Any applicable State Implementation Plan emissions limitation, including those with a future compliance date; or
(c) The emissions rate specified as a federally enforceable permit condition, including those with a future compliance date.
(3) Baseline actual emissions means the rate of emissions, in tons per year, of a regulated NSR pollutant, as determined in accordance with paragraphs (B)(3)(a) through (B)(3)(d).
(a) For any existing electric utility steam generating unit, baseline actual emissions means the average rate, in tons per year, at which the unit actually emitted the pollutant during any consecutive twenty-four (24)-month period selected by the owner or operator within the five (5)-year period immediately preceding when the owner or operator begins actual construction of the project. The Department shall allow the use of a different time period upon a determination that it is more representative of normal source operation.
(i) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions.
(ii) The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above any emission limitation that was legally enforceable during the consecutive twenty-four (24)-month period.
(iii) For a regulated NSR pollutant, when a project involves multiple emissions units, only one consecutive twenty-four (24)-month period must be used to determine the baseline actual emissions for the emissions units being changed. A different consecutive twenty-four (24)-month period can be used for each regulated NSR pollutant.
(iv) The average rate shall not be based on any consecutive twenty-four (24)-month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required by paragraph (B)(3)(a)(ii).
(b) For an existing emissions unit (other than an electric utility steam generating unit), baseline actual emissions means the average rate, in tons per year, at which the emissions unit actually emitted the pollutant during any consecutive twenty-four (24)-month period selected by the owner or operator within the ten (10)-year period immediately preceding either the date the owner or operator begins actual construction of the project, or the date a complete permit application is received by the Department for a permit required either under this section or under a plan approved by the Administrator whichever is earlier, except that the ten (10)-year period shall not include any period earlier than November 15, 1990. The Department reserves the right to determine if the twenty-four (24)-month period selected is appropriate.
(i) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions.
(ii) The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the consecutive twenty-four (24)-month period.
(iii) The average rate shall be adjusted downward to exclude any emissions that would have exceeded an emission limitation with which the major stationary source must currently comply, had such major stationary source been required to comply with such limitations during the consecutive twenty-four (24)-month period. However, if an emission limitation is part of a maximum achievable control technology standard that the Administrator proposed or promulgated under 40 CFR Part 63, the baseline actual emissions need only be adjusted if the state has taken credit for such emissions reductions in an attainment demonstration or maintenance plan consistent with the requirements of paragraph (D)(7)
(iv) For a regulated NSR pollutant, when a project involves multiple emissions units, only one consecutive twenty-four (24)-month period must be used to determine the baseline actual emissions for the emissions units being changed. A different consecutive twenty-four (24)-month period can be used for each regulated NSR pollutant.
(v) The average rate shall not be based on any consecutive twenty-four (24)-month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required by paragraphs (B)(3)(b)(ii) and (B)(3)(b)(iii).
(c) For a new emissions unit, the baseline actual emissions for purposes of determining the emissions increase that will result from the initial construction and operation of such unit shall equal zero; and thereafter, for all other purposes, shall equal the unit's potential to emit.
(d) For a PAL for a major stationary source, the baseline actual emissions shall be calculated for existing electric utility steam generating units in accordance with the procedures contained in paragraph (B)(3)(a), for other existing emissions units in accordance with the procedures contained in paragraph (B)(3)(b), and for a new emissions unit in accordance with the procedures contained in paragraph (B)(3)(c).
(4) Begin actual construction means, in general, initiation of physical on-site construction activities on an emissions unit which are of a permanent nature. Such activities include, but are not limited to, installation of building supports and foundations, laying of underground pipework, and construction of permanent storage structures. With respect to a change in method of operating this term refers to those on-site activities other than preparatory activities which mark the initiation of the change.
(5) Best available control technology (BACT) means an emissions limitation (including a visible emissions standard) based on the maximum degree of reduction for each regulated NSR pollutant which would be emitted from any proposed major stationary source or major modification which the Department, on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such source or modification through application of production processes or available methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control of such pollutant. In no event shall application of best available control technology result in emissions of any pollutant which would exceed the emissions allowed by any applicable standard under 40 CFR Part 60, 61, or 63. If the Department determines that technological or economic limitations on the application of measurement methodology to a particular emissions unit would make the imposition of an emissions standard infeasible, a design, equipment, work practice, operational standard, or combination thereof, may be prescribed instead to satisfy the requirement for the application of BACT. Such standard shall, to the degree possible, set forth the emissions reduction achievable by implementation of such design, equipment, work practice or operation, and shall provide for compliance by means which achieve equivalent results.
(6)(a) Building, structure, facility, or installation means all of the pollutant-emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control) except the activities of any vessel. Pollutant-emitting activities shall be considered as part of the same industrial grouping if they belong to the same "Major Group" (which have the same two-digit code) as described in the Standard Industrial Classification Manual, 1972, as amended by the 1977 Supplement (U.S. Government Printing Office stock numbers 4101-0066 and 003-005-00176-0, respectively).
(b) Notwithstanding the provisions of paragraph (B)(6)(a), building, structure, facility, or installation means, for onshore activities under Standard Industrial Classification (SIC) Major Group 13: Oil and Gas Extraction, all of the pollutant-emitting activities included in Major Group 13 that are located on one or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control). Pollutant emitting activities shall be considered adjacent if they are located on the same surface site; or if they are located on surface sites that are located within one-fourth (1/4) of a mile of one another (measured from the center of the equipment on the surface site) and they share equipment. Shared equipment includes, but is not limited to, produced fluids storage tanks, phase separators, natural gas dehydrators, or emissions control devices. Surface site, as used in this paragraph, has the same meaning as in 40 CFR 63.761.
(7) Temporary clean coal technology demonstration project means a clean coal technology demonstration project that is operated for a period of five (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.
(8) Clean coal technology means any technology, including technologies applied at the precombustion, combustion, or post combustion stage, at a new or existing facility which will achieve significant reductions in air emissions of sulfur dioxide or nitrogen oxides associated with the utilization of coal in the generation of electricity, or process steam which was not in widespread use as of November 15, 1990.
(9) 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 demonstration of clean coal technology, or similar projects funded through appropriations for the Environmental Protection Agency. The Federal contribution for a qualifying project shall lie at least twenty (20) percent of the total cost of the demonstration project.
(10) Commence as applied to construction of a major stationary source or major modification means that the owner or operator has all necessary preconstruction approvals or permits and either has:
(a) Begun, or caused to begin, a continuous program of actual on-site construction of the source, to be completed within a reasonable time; or
(b) Entered into binding agreements or contractual obligations, which cannot be cancelled or modified without substantial loss to the owner or operator, to undertake a program of actual construction of the source to be completed within a reasonable time.
(11) Construction means any physical change or change in the method of operation (including fabrication, erection, installation, demolition, or modification of an emissions unit) that would result in a change in emissions.
(12) Continuous emissions monitoring system (CEMS) means all of the equipment that may be required to meet the data acquisition and availability requirements, to sample, condition (if applicable), analyze, and provide a record of emissions on a continuous basis.
(13) Continuous emissions rate monitoring system (CERMS) means the total equipment required for the determination and recording of the pollutant mass emissions rate (in terms of mass per unit of time).
(14) Continuous parameter monitoring system (CPMS) means all of the equipment necessary to meet the data acquisition and availability requirements, to monitor process and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow rate, O2 or CO2 concentrations), and to record average operational parameter value(s) on a continuous basis.
(15) 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 twenty-five (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.
(16) Emissions unit means any part of a stationary source that emits or would have the potential to emit any regulated NSR pollutant and includes an electric utility steam generating unit as defined in paragraph (B)(15) of this section. For purposes of this section, there are two types of emissions units as described in paragraphs (B)(16)(a) and (B)(16)(b) of this section.
(a) A new emissions unit is any emissions unit which is (or will be) newly constructed and which has existed for less than two (2) years from the date such emissions unit first operated.
(b) An existing emissions unit is any emissions unit that does not meet the requirements in paragraph (B)(16)(a) of this section. A replacement unit, as defined in paragraph (B)(33), is an existing emissions unit.
(17) Federal Land Manager means, with respect to any lands in the United States, the Secretary of the Department with authority over such lands.
(18) Federally enforceable means all limitations and conditions which are enforceable by the Administrator, including those requirements developed pursuant to 40 CFR Parts 60 and 61, requirements within any applicable State implementation plan, any permit requirements established pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR Part 51, Subpart I, including operating permits issued under an EPA-approved program that is incorporated into the State implementation plan and expressly requires adherence to any permit issued under such program.
(19) Fugitive emissions means those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening.
(20) Lowest achievable emission rate (LAER) means, for any source, the more stringent rate of emissions based on the following:
(a) The most stringent emissions limitation which is contained in the implementation plan of any state for such class or category of stationary source, unless the owner or operator of the proposed stationary source demonstrates that such limitations are not achievable; or
(b) The most stringent emissions limitation which is achieved in practice by such class or category of stationary sources. This limitation, when applied to a modification, means the lowest achievable emission rate for the new or modified emission units within the stationary source. In no event shall the application of the term allow a proposed new or modified stationary source to emit any pollutant in excess of the amount allowable under an applicable new source standard of performance.
(21)(a) Major modification means any physical change in or change in the method of operation of a major stationary source that would result in:
(i) A significant emissions increase of a regulated NSR pollutant (as defined in paragraph (B)(32)); and
(ii) A significant net emissions increase of that pollutant from the major stationary source.
(b) Any significant emissions increase (as defined in paragraph (B)(38)) from any emissions units or net emissions increase (as defined in paragraph (B)(24)) at a major stationary source that is significant for volatile organic compounds or nitrogen oxides shall be considered significant for ozone.
(c) A physical change or change in the method of operation shall not include:
(i) Routine maintenance, repair, and replacement;
(ii) Use of an alternative fuel or raw material by reason of an order under Sections 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) or by reason of a natural gas curtailment plan pursuant to the Federal Power Act;
(iii) Use of an alternative fuel by reason of an order or rule under Section 125 of the Clean Air Act;
(iv) Use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal solid waste;
(v) Use of an alternative fuel or raw material by a stationary source which;
(1) The source was capable of accommodating before December 21, 1976, unless such change would be prohibited under any federally enforceable permit condition which was established after December 21, 1976, pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR Part 51, Subpart I; or
(2) The source is approved to use under any permit issued under regulations approved pursuant to this section;
(vi) An increase in the hours of operation or in the production rate, unless such change is prohibited under any federally enforceable permit condition which was established after December 21, 1976, pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR Part 51, Subpart I;
(vii) Any change in ownership at a stationary source;
(viii) [Reserved]
(ix) The installation, operation, cessation, or removal of a temporary clean coal technology demonstration project, provided that the project complies with:
(1) The South Carolina State Implementation Plan, and
(2) Other requirements necessary to attain and maintain the National Ambient Air Quality Standard (NAAQS) during the project and after it is terminated.
(d) This definition shall not apply with respect to a particular regulated NSR pollutant when the major stationary source is complying with the requirements under Section N for a PAL for that pollutant. Instead, the definition at paragraph (N)(2)(h) shall apply.
(e) [Reserved]
(22)(a) Major stationary source means:
(i) Any stationary source of air pollutants that emits, or has the potential to emit, one-hundred (100) tons per year or more of any regulated NSR pollutant, except that lower emissions thresholds shall apply in areas subject to Subpart 2, Subpart 3, or Subpart 4 of Part D, Title I of the Clean Air Act, according to the following table:
Nonattainment Area Classification
NOX
VOC
CO
SO2
PM10
PM2.5
All values expressed in tons per year
Ozone: Marginal and Moderate
100
100
Ozone: Serious
50
50
Ozone: Severe
25
25
Ozone: Extreme
10
10
CO
100
CO: Serious, where stationary sources contribute significantly to CO levels
50
PM10
100
PM10: Serious
70
PM2.5
100
100
100
100
PM2.5 in any serious nonattainment area for PM2.5.
70
70
70
70
SO2
100
NOX
100
(ii) Any physical change that would occur at a stationary source not otherwise qualifying under paragraph (B)(22)(a) as a major stationary source, if the change would constitute a major stationary source by itself.
(b) A major stationary source that is major for volatile organic compounds or nitrogen oxides shall be considered major for ozone.
(c) The fugitive emissions of a stationary source shall not be included in determining for any of the purposes of this paragraph whether it is a major stationary source, unless the source belongs to one of the following categories of stationary sources:
(i) Coal cleaning plants (with thermal dryers);
(ii) Kraft pulp mills;
(iii) Portland cement plants;
(iv) Primary zinc smelters;
(v) Iron and steel mills;
(vi) Primary aluminum ore reduction plants;
(vii) Primary copper smelters;
(viii) Municipal incinerators capable of charging more than fifty (50) tons of refuse per day;
(ix) Hydrofluoric, sulfuric, or nitric acid plants;
(x) Petroleum refineries;
(xi) Lime plants;
(xii) Phosphate rock processing plants;
(xiii) Coke oven batteries;
(xiv) Sulfur recovery plants;
(xv) Carbon black plants (furnace process);
(xvi) Primary lead smelters;
(xvii) Fuel conversion plants;
(xviii) Sintering plants;
(xix) Secondary metal production plants;
(xx) Chemical process plants - The term chemical processing plant shall not include ethanol production facilities that produce ethanol by natural fermentation included in NAICS codes 325193 or 312140;
(xxi) Fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units per hour heat input;
(xxii) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels;
(xxiii) Taconite ore processing plants;
(xxiv) Glass fiber processing plants;
(xxv) Charcoal production plants;
(xxvi) Fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input; and
(xxvii) Any other stationary source category which, as of August 7, 1980, is being regulated under Section 111 or 112 of the Clean Air Act.
(23) Necessary preconstruction approvals or permits means those permits or approvals required under federal air quality control laws and regulations and those air quality control laws and regulations which are part of the applicable State Implementation Plan.
(24)(a) Net emissions increase means, with respect to any regulated NSR pollutant emitted by a major stationary source, the amount by which the sum of the following exceeds zero:
(i) The increase in emissions from a particular physical change or change in the method of operation at a stationary source as calculated pursuant to paragraphs (A)(4) through (A)(8); and
(ii) Any other increases and decreases in actual emissions at the major stationary source that are contemporaneous with the particular change and are otherwise creditable. Baseline actual emissions for calculating increases and decreases under this paragraph (B)(24)(a)(ii) shall be determined as provided in paragraph (B)(3), except that paragraphs (B)(3)(a)(iii) and (B)(3)(b)(iv) shall not apply.
(b) An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only if it occurs between:
(i) The date five (5) years before construction on the particular change commences; and
(ii) The date that the increase from the particular change occurs.
(c) An increase or decrease in actual emissions is creditable only if:
(i) The Department has not relied on it in issuing a permit for the source which permit is in effect when the increase in actual emissions from the particular change occurs;
(ii) [Reserved]
(d) An increase in actual emissions is creditable only to the extent that the new level of actual emissions exceeds the old level;
(e) A decrease in actual emissions is creditable only to the extent that:
(i) The old level of actual emissions or the old level of allowable emissions, whichever is lower, exceeds the new level of actual emissions;
(ii) It is enforceable as a practical matter at and after the time that actual construction on the particular change begins;
(iii) The Department has not relied on it in issuing any permit under regulations approved pursuant to 40 CFR Part 51, Subpart I or the Department has not relied on it in demonstrating attainment or reasonable further progress; and
(iv) It has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change.
(f) An increase that results from a physical change at a source occurs when the emissions unit on which construction occurred becomes operational and begins to emit a particular pollutant. Any replacement unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed 180 days;
(g) Paragraph (B)(1)(b) shall not apply for determining creditable increases and decreases or after a change.
(25) Nonattainment major new source review (NSR) program means a major source preconstruction permit program that has been approved by the Administrator and incorporated into the plan to implement the requirements of this regulation, or a program that implements 40 CFR Part 51, Appendix S, Sections I through VI. Any permit issued under such a program is a major NSR permit.
(26) Pollution prevention means any activity that through process changes, product reformulation or redesign, or substitution of less polluting raw materials, eliminates or reduces the release of air pollutants (including fugitive emissions) and other pollutants to the environment prior to recycling, treatment, or disposal; it does not mean recycling (other than certain "in-process recycling" practices), energy recovery, treatment, or disposal.
(27) Potential to emit means the maximum capacity of a stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design only if the limitation or the effect it would have on emissions is federally enforceable. Secondary emissions do not count in determining the potential to emit of a stationary source.
(28) Predictive emissions monitoring system (PEMS) means all of the equipment necessary to monitor process and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow rate, O2 or CO2 concentrations), and calculate and record the mass emissions rate (for example, lb/hr) on a continuous basis.
(29) Prevention of Significant Deterioration (PSD) permit means any permit that is issued under a major source preconstruction permit program that has been approved by the Administrator and incorporated into the plan to implement the requirements of 40 CFR 51.166, or under the program in 40 CFR 52.21.
(30) Project means a physical change in, or change in the method of operation of, an existing major stationary source.
(31)(a) Projected actual emissions means, the maximum annual rate, in tons per year, at which an existing emissions unit is projected to emit a regulated NSR pollutant in any one of the five (5) years (twelve (12)-month period) following the date the unit resumes regular operation after the project, or in any one of the ten (10) years following that date, if the project involves increasing the emissions unit's design capacity or its potential to emit of that regulated NSR pollutant and full utilization of the unit would result in a significant emissions increase or a significant net emissions increase at the major stationary source.
(b) In determining the projected actual emissions under paragraph (B)(31)(a) before beginning actual construction, the owner or operator of the major stationary source:
(i) Shall consider all relevant information, including but not limited to, historical operational data, the company's own representations, the company's expected business activity and the company's highest projections of business activity, the company's filings with the state or federal regulatory authorities, and compliance plans under the approved plan; and
(ii) Shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions; and
(iii) Shall exclude, in calculating any increase in emissions that results from the particular project, that portion of the unit's emissions following the project that an existing unit could have accommodated during the consecutive twenty-four (24)-month period used to establish the baseline actual emissions under paragraph (B)(3) and that are also unrelated to the particular project, including any increased utilization due to product demand growth; or,
(iv) In lieu of using the method set out in paragraphs (B)(31)(b)(i) through (B)(31)(b)(iii) may elect to use the emissions unit's potential to emit, in tons per year, as defined in paragraph (B)(27) of this section.
(32) Regulated NSR pollutant, for purposes of this regulation, means the following:
(a) Nitrogen oxides or any volatile organic compounds;
(b) Any pollutant for which a national ambient air quality standard has been promulgated; or
(c) Any pollutant that is identified under this paragraph as a constituent or precursor of a general pollutant listed under paragraphs (B)(32)(a) or (B)(32)(b), provided that such constituent or precursor pollutant may only be regulated under NSR as part of regulation of the general pollutant. Precursors identified by the Administrator for purposes of NSR are the following:
(i) Volatile organic compounds and nitrogen oxides are precursors to ozone in all ozone nonattainment areas;
(ii) Sulfur dioxide, volatile organic compounds, nitrogen oxides, and ammonia are precursors to PM2.5 in any PM2.5 nonattainment area.
(d) PM2.5 emissions and PM10 emissions shall include gaseous emissions from a source or activity, which condense to form particulate matter at ambient temperatures. On or after January 1, 2011 (or any earlier date established in the upcoming rulemaking codifying test methods), such condensable particulate matter shall be accounted for in applicability determinations and in establishing emissions limitations for PM2.5 and PM10 in nonattainment major NSR permits issued under this ruling. Compliance with emissions limitations for PM2.5 and PM10 issued prior to this date shall not be based on condensable particulate matter unless required by the terms and conditions of the permit or the applicable implementation plan. Applicability determinations made prior to this date without accounting for condensable particulate matter shall not be considered in violation of this section unless the applicable implementation plan required condensable particulate matter to be included.
(33) Replacement unit means an emissions unit for which all the criteria listed in (B)(33)(a) through (B)(33)(d) are met. No creditable emission reductions shall be generated from shutting down the existing emissions unit that is replaced.
(a) The emissions unit is a reconstructed unit within the meaning of 40 CFR 60.15(b)(1), or the emissions unit completely takes the place of an existing emissions unit;
(b) The emissions unit is identical to or functionally equivalent to the replaced emissions unit;
(c) The replacement does not alter the basic design parameters of the process unit; and
(d) The replaced emissions unit is permanently removed from the major stationary source, otherwise permanently disabled, or permanently barred from operation by a permit that is enforceable as a practical matter. If the replaced emissions unit is brought back into operation, it shall constitute a new emissions unit.
(34) Resource recovery facility means any facility at which solid waste is processed for the purpose of extracting, converting to energy, or otherwise separating and preparing solid waste for reuse. Energy conversion facilities must utilize solid waste to provide more than fifty (50) percent of the heat input to be considered a resource recovery facility under this Ruling.
(35) Reviewing authority means the state air pollution control agency, local agency, other state agency, Indian tribe, or other agency authorized by the Administrator to carry out a permit program under 40 CFR 51.165 or 40 CFR 51.166, or the Administrator in the case of EPA-implemented permit programs under 40 CFR 52.21.
(36) Secondary emissions means emissions which would occur as a result of the construction or operation of a major stationary source or major modification, but do not come from the major stationary source or major modification itself. Secondary emissions must be specific, well defined, quantifiable, and impact the same general area as the stationary source or modification which causes the secondary emissions. Secondary emissions include emissions from any offsite support facility which would not be constructed or increase its emissions except as a result of the construction or operation of the major stationary source or major modification. Secondary emissions do not include any emissions which come directly from a mobile source, such as emissions from the tailpipe of a motor vehicle, from a train, or from a vessel.
(37) Significant means, in reference to a net emissions increase or the potential of a source to emit any of the following pollutants, a rate of emissions that would equal or exceed any of the following rates:
Pollutant
Emissions Rate
(tons per year)
Carbon monoxide
Marginal and Moderate Nonattainment Areas
100
Serious Nonattainment Areas
50*
Nitrogen oxides
40
Sulfur dioxide
40
PM10
15
PM2.5
of direct PM2.5
10
of SO2, NOX, or VOC
40
Ozone
Marginal and Moderate Nonattainment Areas
40 (of VOC or NOX)
Serious and Severe Nonattainment Areas
25 (of VOC or NOX)
Extreme Nonattainment Areas
Any (of VOC or NOX)
Lead
0.6
*The significant emission rate of 50 tons for carbon monoxide in serious nonattainment areas shall only apply if the Administrator has made a determination that stationary sources significantly contribute to the carbon monoxide levels in the area.
(38) Significant emissions increase means, for a regulated NSR pollutant, an increase in emissions that is significant (as defined in paragraph (B)(37)) for that pollutant.
(39) Stationary source means any building, structure, facility, or installation which emits or may emit a regulated NSR pollutant.
(40) Volatile organic compounds (VOC) is as defined in Regulation 61-62.1, Section (I), Definitions.
(C)(1) Permitting requirements. If the Department finds that the major stationary source or major modification would be constructed in an area designated in 40 CFR 81.341 as nonattainment for a pollutant for which the stationary source or modification is major, approval may be granted only if the following conditions are met:
(a) The major stationary source or major modification is required to meet an emission limitation which specifies the lowest achievable emission rate (LAER) for such source.
(b) The applicant must certify that all existing major sources owned or operated by the applicant (or any entity controlling, controlled by, or under common control with the applicant) in the same state as the proposed source are in compliance with all applicable emission limitations and standards under the Clean Air Act (or are in compliance with an expeditious schedule which is federally enforceable or contained in a court decree).
(c) The owner or operator of the proposed new major stationary source or major modification will obtain sufficient emission reductions of the nonattainment pollutant from other sources. Emission reductions shall be in effect and enforceable prior to the date the new source or modification commences operation. The emission reductions shall be obtained in accordance with the requirements in Section (D), Offset standards.
(d) The emission offsets must provide a positive net air quality benefit in the affected area as determined by 40 CFR Part 51, Appendix S, Emission Offset Interpretative Ruling.
(e) Alternative Sites Analysis. An analysis of alternative sites, sizes, production processes, and environmental control techniques for such proposed source demonstrates that benefits of the proposed source significantly outweigh the environmental and social costs imposed as a result of its location, construction, or modification shall be required.
(2) Exemptions. Temporary emission sources, such as pilot plants and portable facilities which will be relocated outside of the nonattainment area after a short period of time, are exempt from the requirements of paragraphs (C)(1)(c) and (C)(1)(d) of this section.
(3) Secondary emissions. Secondary emissions need not be considered in determining whether the stationary source or modification is major. However, if a source is subject to this regulation on the basis of the direct emissions from the source, the applicable conditions in paragraph (C)(1) must also be met for secondary emissions. However, secondary emissions may be exempt from paragraphs (C)(1)(a) and (C)(1)(b) of this section.
(4) The requirements of this regulation applicable to major stationary sources and major modifications of PM10 shall also apply to major stationary sources and major modifications of PM10 precursors, except where the Administrator determines that such sources do not contribute significantly to PM10 levels that exceed the PM10 ambient standards in the area.
(D) Offset standards.
(1) All emission reductions claimed as offset credit shall be permanent, quantifiable, federally enforceable, and surplus;
(2) Where the permitted emissions limit allows greater emissions than the potential to emit of the source (as when a state has a single particulate emission limit for all fuels), emissions offset credit will be allowed only for control below this potential;
(3) For an existing fuel combustion source, credit shall be based on the allowable emissions for the type of fuel being burned at the time the application to construct is filed. If the existing source commits to switch to a cleaner fuel at some future date, emissions offset credit based on the allowable (or actual) emissions for the fuels involved is not acceptable, unless the permit is conditioned to require the use of a specified alternative control measure which would achieve the same degree of emissions reduction should the source switch back to a dirtier fuel at some later date.
(4) Emissions reductions achieved by shutting down an existing source or curtailing production or operating hours below baseline levels may be generally credited for offsets if the shutdown or curtailment occurred after the last day of the base year for the SIP planning process. For purposes of this paragraph, the Department may choose to consider a prior shutdown or curtailment to have occurred after the last day of the base year if the projected emissions inventory used to develop the attainment demonstration explicitly includes the emissions from such previously shutdown or curtailed emission units. No credit may be given for shutdowns that occurred before August 7, 1977.
(5) Emissions reductions achieved by shutting down an existing emissions unit or curtailing production or operating hours and that do not meet the requirements in paragraph (D)(4) may be generally credited only if:
(a) The shutdown or curtailment occurred on or after the date the new source permit application is filed; or,
(b) The applicant can establish that the proposed new source is a replacement for the shutdown or curtailed source, and the emission reductions achieved by the shutdown or curtailment met the requirements of paragraph (D)(4).
(6) No emissions credit may be allowed for replacing one hydrocarbon compound with another of lesser reactivity, except that emissions credit may be allowed for the replacement with those compounds listed as having negligible photochemical reactivity in 40 CFR 51.100(s).
(7) Credit for an emissions reduction can be claimed to the extent that the Department has not relied on it in issuing any permit under regulations approved pursuant to 40 CFR Part 51, Subpart I or the Department has not relied on it in demonstrating attainment or reasonable further progress.
(8) The total tonnage of increased emissions, in tons per year, resulting from a major modification that must be offset in accordance with Section 173 of the Clean Air Act shall be determined by summing the difference between the allowable emissions after the modification (as defined by paragraph (B)(2)) and the actual emissions before the modification (as defined in paragraph (B)(1)) for each emissions unit.
(9) If a designated nonattainment area is projected to be an attainment area as part of an approved SIP control strategy by the new source start-up date, offsets would not be required if the new source would not cause a new violation.
(10) Any facility that has the potential to emit any NAAQS pollutant in an amount greater than five (5) tons per year and that is located in a federally-designated nonattainment area shall be eligible to create emission offsets.
(11) Emission reductions shall have been created by an existing facility that has obtained an enforceable air quality permit or letter of permit cancellation resulting from the surrender of the source's permit(s).
(12) Emission reductions may be created by any of, or a combination of, the following methods:
(a) Installation of control equipment beyond what is necessary to comply with existing requirements;
(b) A change in process inputs, formulations, products or product mix, fuels, or raw materials;
(c) A reduction in actual emission rates; or
(d) Any other enforceable method that the Department determines to result in real, permanent, quantifiable, federally enforceable, and surplus reduction of emissions.
(13) A completed emissions offset submittal must be received by the Department within one (1) year of the date of the creation of the reductions. Emission offsets not requested within one (1) year of the date of the creation of the reductions will be permanently retired. Prior to commencing operation of a permitted emissions unit, Department approval for the required emission offsets must be granted.
(14) The following emission reductions that are not considered surplus, are ineligible for emission offsets:
(a) Emission reductions that have previously been used to avoid Regulation 61-62.5 Standard No. 7, Prevention of Significant Deterioration, or Regulation 61-62.5 Standard No. 7.1, Nonattainment New Source Review (NSR), through a netting demonstration;
(b) Emission reductions of hazardous air pollutants, listed in Section 112(b) of the Clean Air Act, to the extent needed to comply with Regulation 61-62.61, National Emission Standards for Hazardous Air Pollutants (NESHAP), and Regulation 61-62.63, National Emission Standards for Hazardous Air Pollutants (NESHAP) for Source Categories. However, emission reductions of hazardous volatile organic compound (VOC) and/or hazardous particulate matter (PM) air pollutants beyond the amount of reductions necessary to comply with Regulation 61-62.61, NESHAP, and Regulation 61-62.63, NESHAP for Source Categories, are considered surplus;
(c) Emission reductions of nitrogen oxides (NOX), sulfur dioxide (SO2), particulate matter (PM), and VOCs to the extent needed to comply with Section 111 of the Clean Air Act and Regulation 61-62.60, South Carolina Designated Facility Plan and New Source Performance Standards (NSPS). However, emission reductions of NOX, SO2, PM, and VOCs beyond the amount of reductions necessary to comply with Regulation 61-62.60, South Carolina Designated Facility Plan and NSPS, are considered surplus;
(d) Emission reductions from emission units covered under an agreement, order, or variance for exceeding an emission standard until compliance is demonstrated with the emission standard that is the subject of the agreement, order or variance;
(e) Emission reductions from sources that have operated less than twelve (12) months;
(f) Emission reductions required in order to comply with any state or federal regulation not listed above, unless these reductions are in excess of the amount required by the state or federal regulation; and
(g) Emission reductions from facilities that have received a Department transmittal letter with notification of permit cancellation due to the facility's decision to close out its operating permit without a request to qualify facility emission reductions as offsets.
(E) Calculation of Emission Offsets
(1) The following procedure shall be used to calculate emission offsets:
(a) The source shall calculate average annual actual emissions, in tons per year, before the emission reduction using data from the twenty-four (24)-month period immediately preceding the reduction in emissions. With the Department's approval, the use of a different time period, not to exceed ten (10) years immediately preceding the reduction in emissions, may be allowed if the owner or operator of the source documents that such period is more representative of normal source operation, but not prior to the base year inventory date, which is the last day of the two (2) years preceding the date of nonattainment designation; and
(b) The emission offsets created shall be calculated by subtracting the allowable emissions following the reduction from the average annual actual emissions prior to the reduction.
(2) For any emissions unit that has been operating for a consecutive period of at least twelve (12) months but less than twenty-four (24) months on the base year inventory date, based on the unit's potential to emit, emissions shall be calculated equal to the amount needed to complete a twenty-four (24)-month period on the base year inventory date.
(F) Location of offsetting emissions. Emission offsets shall be obtained from sources currently operating within the same designated nonattainment area as the new or modified stationary source. Emission offsets may be obtained from another nonattainment area with the Department's approval only if:
(1) The other area has an equal or higher nonattainment classification than the area in which the proposed source is located, and
(2) Emissions from the other area contribute to a violation of the NAAQS in the nonattainment area in which the source is located.
(G) Emission offsetting ratios. Emission offsets shall be required in nonattainment areas in accordance with the following provisions:
(1) Emissions for carbon monoxide (CO), nitrogen dioxide (NO2), sulfur dioxide (SO2), lead (Pb), and particulate matter (PM10 and PM2.5) nonattainment areas shall be offset at a ratio greater than one to one.
(2) Emissions increases for ozone nonattainment areas shall be offset for volatile organic compounds (VOCs) and NOX in accordance with the following table:
Designation
Offset ratios
Marginal
1.1 to 1
Moderate
1.15 to 1
Serious
1.2 to 1
Severe
1.3 to 1
Extreme
1.5 to 1
(H) Interpollutant offsetting.
(1) In meeting the emissions offset requirements of Section (D) the emissions offsets obtained shall be for the same regulated NSR pollutant unless interpollutant offsetting is permitted for a particular pollutant as specified in this paragraph. The offset requirements of Section (D) for direct PM2.5 emissions or emissions of precursors of PM2.5 may be satisfied by offsetting reductions of direct PM2.5 emissions or emissions of any PM2.5 precursor identified under paragraph (B)(32)(c) if such offsets comply with the interprecursor trading hierarchy and ratio established in the approved plan for a particular nonattainment area.
(2) The control requirements applicable to major stationary sources and major modifications of PM2.5 shall also apply to major stationary sources and major modifications of PM2.5 precursors in a PM2.5 nonattainment area, except that the Department may exempt new major stationary sources and major modifications of a particular precursor from the requirements for PM2.5 if the nonattainment NSR precursor demonstration submitted to and approved by the Administrator shows that such sources do not contribute significantly to PM2.5 levels that exceed the standard in the area. Any demonstration submitted for the Administrator's review must meet the conditions for a nonattainment NSR precursor demonstration as set forth in 40 CFR 51.1006(a)(3).
(I) Banking of emission offsets. For new sources obtaining permits by applying offsets after January 16, 1979, the Department may allow offsets that exceed the requirement of reasonable progress toward attainment to be "banked" (i.e., saved to provide offsets for a source seeking a permit in the future) for future use. Likewise, the Department may allow the owner of an existing source that reduces its own emissions to bank any resulting reductions beyond those required by the State Implementation Plan for future use.
(J) [Reserved]
(K) [Reserved]
(L) Source obligation.
(1) Any owner or operator who constructs or operates a source or modification not in accordance with the application submitted pursuant to this section or with the terms of any approval to construct, or any owner or operator of a source or modification subject to this section who commences construction after the effective date of these regulations without applying for and receiving approval hereunder, shall be subject to appropriate enforcement action.
(2) Approval to construct shall become invalid if construction is not commenced within eighteen (18) months after receipt of such approval, if construction is discontinued for a period of eighteen (18) months or more, or if construction is not completed within a reasonable time. The Department may extend the eighteen (18)-month period upon a satisfactory showing that an extension is justified. This provision does not apply to the time period between construction of the approved phases of a phased construction project; each phase must commence construction within eighteen (18) months of the projected and approved commencement date.
(3) Approval to construct shall not relieve any owner or operator of the responsibility to comply fully with applicable provisions of the State Implementation Plan and any other requirements under local, state, or federal law.
(4) At such time that a particular source or modification becomes a major stationary source or major modification solely by virtue of a relaxation in any enforcement limitation which was established after August 7, 1980, on the capacity of the source or modification otherwise to emit a pollutant, such as a restriction on hours of operation, then the requirements of regulations approved pursuant to this section shall apply to the source or modification as though construction had not yet commenced on the source or modification;
(5) Monitoring, Recordkeeping, and Reporting. The following provisions apply with respect to any regulated NSR pollutant emitted from projects at existing emissions units at a major stationary source (other than projects at a source with a PAL) in circumstances where there is a reasonable possibility that a project that is not a part of a major modification may result in a significant emissions increase of such pollutant, and the owner or operator elects to use the method specified in paragraphs (B)(31)(b)(i) through (B)(31)(b)(iii) for calculating projected actual emissions.
(a) If the project requires construction permitting under Regulation 61-62.1, Section II "Permit Requirements," the owner or operator shall provide a copy of the information set out in paragraph (L)(5)(b) as part of the permit application to the Department. If construction permitting under Regulation 61-62.1, Section II "Permit Requirements," is not required, the owner or operator shall maintain the information set out in paragraph (L)(5).
(b) Before beginning actual construction of the project, the owner or operator shall document and maintain a record of the following information:
(i) A description of the project;
(ii) Identification of the emissions unit(s) whose emissions of a regulated NSR pollutant could be affected by the project; and
(iii) A description of the applicability test used to determine that the project is not a major modification for any regulated NSR pollutant, including the baseline actual emissions, the projected actual emissions, the amount of emissions excluded under paragraph (B)(31)(b)(iii) and an explanation for why such amount was excluded, and any netting calculations, if applicable.
(c) If the emissions unit is an existing electric utility steam generating unit, before beginning actual construction, the owner or operator shall provide a copy of the information set out in paragraph (L)(5)(b) to the reviewing authority. Nothing in this paragraph shall be construed to require the owner or operator of such a unit to obtain any determination from the reviewing authority before beginning actual construction.
(d) The owner or operator shall monitor the emissions of any regulated NSR pollutant that could increase as a result of the project and that is emitted by any emissions units identified in paragraph (L)(5)(b)(ii); and calculate and maintain a record of the annual emissions, in tons per year on a calendar year basis, for a period of five (5) years following resumption of regular operations after the change, or for a period of ten (10) years following resumption of regular operations after the change if the project increases the design capacity or potential to emit of that regulated NSR pollutant at such emissions unit.
(e) If the unit is an existing electric utility steam generating unit, the owner or operator shall submit a report to the Department within sixty (60) days after the end of each year during which records must be generated under paragraph (L)(5)(b) setting out the unit's annual emissions during the year that preceded submission of the report.
(f) If the unit is an existing unit other than an electric utility steam generating unit, the owner or operator shall submit a report to the Department if the annual emissions, in tons per year, from the project identified in paragraph (L)(5)(b), exceed the baseline actual emissions (as documented and maintained pursuant to paragraph (L)(5)(b)(iii), by a significant amount (as defined in paragraph (B)(37)) for that regulated NSR pollutant, and if such emissions differ from the preconstruction projection as documented and maintained pursuant to paragraph (L)(5)(b)(iii). Such report shall be submitted to the Department within sixty (60) days after the end of such year. The report shall contain the following:
(i) The name, address and telephone number of the major stationary source;
(ii) The annual emissions as calculated pursuant to paragraph (L)(5)(d); and
(iii) Any other information needed to make a compliance determination (for example, an explanation as to why the emissions differ from the preconstruction projection).
(6) A "reasonable possibility" under paragraph (L)(5) occurs when the owner or operator calculates the project to result in either:
(a) A projected actual emissions increase of at least fifty (50) percent of the amount that is a "significant emissions increase," as defined under paragraph (B)(38) (without reference to the amount that is a significant net emissions increase), for the regulated NSR pollutant; or
(b) A projected actual emissions increase that, added to the amount of emissions excluded under paragraph (B)(31)(b)(iii), sums to at least fifty (50) percent of the amount that is a "significant emissions increase," as defined under paragraph (B)(38) (without reference to the amount that is a significant net emissions increase), for the regulated NSR pollutant. For a project for which a reasonable possibility occurs only within the meaning of this paragraph, and not also within the meaning of paragraph (L)(6)(a), then provisions (L)(5)(c) through (L)(5)(f) do not apply to the project.
(7) The owner or operator of the source shall make the information required to be documented and maintained pursuant to paragraph (L)(5) for review upon a request for inspection by the Department or the general public pursuant to the requirements contained in 40 CFR 70.4(b)(3)(viii).
(M) Public participation.
(1) Within thirty (30) days after receipt of an application to construct, or any addition to such application, the Department shall advise the applicant of any deficiency in the application or in the information submitted and transmit a copy of such application to EPA. In the event of such a deficiency, the date of receipt of the application shall be, for the purpose of this regulation, the date on which the Department received all required information.
(2) In accordance with Regulation 61-30, Environmental Protection Fees, the Department shall make a final determination on the application. This involves performing the following actions in a timely manner:
(a) For the purposes of this section, the time frame for making a final determination shall be consistent with Regulation 61-30, Environmental Protection Fees, paragraph (H)(2)(c)(iii).
(b) Make a preliminary determination whether construction should be approved, approved with conditions, or disapproved.
(c) Make available in at least one location in each region in which the proposed facility or modification would be constructed a copy of all materials the applicant submitted, a copy of the preliminary determination and a copy or summary of other materials, if any, considered in making the preliminary determination. This requirement may be met by making these materials available at a physical location or on a public website identified by the Department.
(d) Notify the public, by posting the notice, for the duration of the public comment period, on a public website identified by the Department. This consistent noticing method shall be used for all draft permits subject to notice under this section. The public website notice shall include a notice of public comment including notice of the application, the preliminary determination, the degree of increment consumption that is expected from the source or modification, and the opportunity for comment at a public hearing as well as written public comment. The public website notice shall also include the draft permit, information on how to access the administrative record for the draft permit, and how to request and/or attend a public hearing on the draft permit. The Department may use additional means to provide adequate notice to the affected public, including by publishing the notice in a newspaper of general circulation in each region in which the proposed source or modification would be constructed (or in a state publication designed to give general public notice).
(e) Send a copy of the notice of public comment to the applicant, the Administrator of EPA, and to officials and agencies having cognizance over the location where the proposed construction would occur as follows: The chief executives of the city and county where the facility or modification would be located, any comprehensive regional land use planning agency and any State, Federal Land Manager, or Indian Governing Body whose lands may be affected by emissions from the facility or modification.
(f) Provide opportunity for a public hearing for interested persons to appear and submit written or oral comments on the air quality impact of the facility or modification, alternatives to the facility or modification, the control technology required, and other appropriate considerations.
(g) Consider all written comments submitted within a time specified in the notice of public comment and all comments received at any public hearing(s) in making a final decision on the approvability of the application. No later than ten (10) days after the close of the public comment period, the applicant may submit a written response to any comments submitted by the public. The Department shall consider the applicant's response in making a final decision. The Department shall make all comments available for public inspection in the same location or on the same website where the Department made available preconstruction information relating to the proposed facility or modification.
(h) Make a final determination whether construction should be approved, approved with conditions, or disapproved pursuant to this section.
(i) Notify the applicant in writing of the final determination and make such notification available for public inspection at the same location or on the same website where the Department made available preconstruction information and public comments relating to the facility or modification.
(j) Notify EPA of every action related to the consideration of the permit.
(N) Actuals PALs. The provisions in paragraphs (N)(1) through (N)(15) govern actuals PALs.
(1) Applicability.
(a) The Department may approve the use of an actuals PAL for any existing major stationary source (except as provided in paragraph (N)(1)(b)) if the PAL meets the requirements in paragraphs (N)(1) through (N)(15). The term "PAL" shall mean "actuals PAL" throughout Section (N).
(b) The Department shall not allow an actuals PAL for VOC or NOX for any major stationary source located in an extreme ozone nonattainment area.
(c) Any physical change in or change in the method of operation of a major stationary source that maintains its total source-wide emissions below the PAL level, meets the requirements in paragraphs (N)(1) through (N)(15), and complies with the PAL permit:
(i) Is not a major modification for the PAL pollutant;
(ii) Does not have to be approved through Regulation 61-62.5, Standard 7.1, "Nonattainment New Source Review"; however, will be reviewed through Regulation 61-62.1, Section II, "Permit Requirements," and
(iii) Is not subject to the provisions in paragraph (L)(4) (restrictions on relaxing enforceable emission limitations that the major stationary source used to avoid applicability of the nonattainment major NSR program).
(d) Except as provided under paragraph (N)(1)(c)(iii), a major stationary source shall continue to comply with all applicable federal or state requirements, emission limitations, and work practice requirements that were established prior to the effective date of the PAL.
(2) Definitions. The definitions in paragraphs (N)(2)(a) through (N)(2)(k) shall apply to actuals PALs consistent with paragraphs (N)(1) through (N)(15). When a term is not defined in these paragraphs, it shall have the meaning given in Section (B) of this regulation; or in the Clean Air Act.
(a) Actuals PAL for a major stationary source means a PAL based on the baseline actual emissions (as defined in paragraph (B)(3)) of all emissions units (as defined in paragraph (B)(16) of this regulation) at the source, that emit or have the potential to emit the PAL pollutant.
(b) Allowable emissions means "allowable emissions" as defined in paragraph (B)(2) of this regulation, except as this definition is modified according to paragraphs (N)(2)(b)(i) through (N)(2)(b)(ii).
(i) The allowable emissions for any emissions unit shall be calculated considering any emission limitations that are enforceable as a practical matter on the emissions unit's potential to emit.
(ii) An emissions unit's potential to emit shall be determined using the definition in paragraph (B)(27), except that the words "or enforceable as a practical matter" should be added after "federally enforceable."
(c) Small emissions unit means an emissions unit that emits or has the potential to emit the PAL pollutant in an amount less than the significant level for that PAL pollutant, as defined in paragraph (B)(37) or in the Clean Air Act, whichever is lower.
(d) Major emissions unit means:
(i) Any emissions unit that emits or has the potential to emit one-hundred (100) tons per year or more of the PAL pollutant in an attainment area; or
(ii) Any emissions unit that emits or has the potential to emit the PAL pollutant in an amount that is equal to or greater than the major source threshold for the PAL pollutant as defined by the Clean Air Act for nonattainment areas. For example, in accordance with the definition of major stationary source in Section 182(c) of the Clean Air Act, an emissions unit would be a major emissions unit for VOC if the emissions unit is located in a serious ozone nonattainment area and it emits or has the potential to emit fifty (50) or more tons of VOC per year.
(e) Plantwide applicability limitation (PAL) means an emission limitation expressed in tons per year, for a pollutant at a major stationary source, that is enforceable as a practical matter and established source-wide in accordance with paragraphs (N)(1) through (N)(15).
(f) PAL effective date generally means the date of issuance of the PAL permit. However, the PAL effective date for an increased PAL is the date any emissions unit which is part of the PAL major modification becomes operational and begins to emit the PAL pollutant.
(g) PAL effective period means the period beginning with the PAL effective date and ending ten (10) years later.
(h) PAL major modification means, notwithstanding paragraphs (B)(21) and (B)(24) (the definitions for major modification and net emissions increase), any physical change in or change in the method of operation of the PAL source that causes it to emit the PAL pollutant at a level equal to or greater than the PAL.
(i) PAL permit means the major NSR permit, the minor NSR permit, or the State operating permit under Regulation 61-62.1 Section II(G), or the Title V permit issued by the Department that establishes a PAL for a major stationary source.
(j) PAL pollutant means the pollutant for which a PAL is established at a major stationary source.
(k) Significant emissions unit means an emissions unit that emits or has the potential to emit a PAL pollutant in an amount that is equal to or greater than the significant level (as defined in paragraph (B)(37) or in the Clean Air Act, whichever is lower) for that PAL pollutant, but less than the amount that would qualify the unit as a major emissions unit as defined in paragraph (N)(2)(d).
(3) Permit application requirements. As part of a permit application requesting a PAL, the owner or operator of a major stationary source shall submit the following information to the Department for approval:
(a) A list of all emissions units at the source designated as small, significant, or major based on their potential to emit. In addition, the owner or operator of the source shall indicate which, if any, Federal or State applicable requirements, emission limitations or work practices apply to each unit.
(b) Calculations of the baseline actual emissions (with supporting documentation). Baseline actual emissions are to include emissions associated not only with operation of the unit, but also emissions associated with startup, shutdown, and malfunction.
(c) The calculation procedures that the major stationary source owner or operator proposes to use to convert the monitoring system data to monthly emissions and annual emissions based on a twelve (12) month rolling total for each month as required by paragraph (N)(13)(a).
(4) General requirements for establishing PALs.
(a) The Department is allowed to establish a PAL at a major stationary source, provided that at a minimum, the requirements in paragraphs (N)(4)(a)(i) through (N)(4)(a)(vii) are met.
(i) The PAL shall impose an annual emission limitation in tons per year that is enforceable as a practical matter, for the entire major stationary source. For each month during the PAL effective period after the first twelve (12) months of establishing a PAL, the major stationary source owner or operator shall show that the sum of the monthly emissions from each emissions unit under the PAL for the previous twelve (12) consecutive months is less than the PAL (a twelve (12) month average, rolled monthly). For each month during the first eleven (11) months from the PAL effective date, the major stationary source owner or operator shall show that the sum of the preceding monthly emissions from the PAL effective date for each emissions unit under the PAL is less than the PAL.
(ii) The PAL shall be established in a PAL permit that meets the public participation requirements in paragraph (N)(5).
(iii) The PAL permit shall contain all the requirements of paragraph (N)(7).
(iv) The PAL shall include fugitive emissions, to the extent quantifiable, from all emissions units that emit or have the potential to emit the PAL pollutant at the major stationary source.
(v) Each PAL shall regulate emissions of only one pollutant.
(vi) Each PAL shall have a PAL effective period of ten (10) years.
(vii) The owner or operator of the major stationary source with a PAL shall comply with the monitoring, recordkeeping, and reporting requirements provided in paragraphs (N)(12) through (N)(14) for each emissions unit under the PAL through the PAL effective period.
(b) At no time (during or after the PAL effective period) are emissions reductions of a PAL pollutant, which occur during the PAL effective period, creditable as decreases for purposes of offsets under Section (D) Offset standards unless the level of the PAL is reduced by the amount of such emissions reductions and such reductions would be creditable in the absence of the PAL.
(5) Public participation requirement for PALs. PALs for existing major stationary sources shall be established, renewed, or increased through a procedure that is consistent with Section M. This includes the requirement that the Department provide the public with notice of the proposed approval of a PAL permit and at least a thirty (30)-day period for submittal of public comment. The Department must address all material comments before taking final action on the permit.
(6) Setting the 10-year actuals PAL level.
(a) Except as provided in paragraph (N)(6)(b), the actuals PAL level for a major stationary source shall be established as the sum of the baseline actual emissions (as defined in paragraph (B)(3)) of the PAL pollutant for each emissions unit at the source; plus an amount equal to the applicable significant level for the PAL pollutant under paragraph (B)(37) or under the Clean Air Act, whichever is lower. When establishing the actuals PAL level, for a PAL pollutant, only one consecutive twenty-four (24)-month period must be used to determine the baseline actual emissions for all existing emissions units. However, a different consecutive twenty-four (24)-month period may be used for each different PAL pollutant. Emissions associated with units that were permanently shut down after this twenty-four (24)-month period must be subtracted from the PAL level. The Department shall specify a reduced PAL level(s) in tons per year in the PAL permit to become effective on the future compliance date(s) of any applicable federal or state regulatory requirement(s) that the Department is aware of prior to issuance of the PAL permit. For instance, if the source owner or operator will be required to reduce emissions from industrial boilers in half from baseline emissions of sixty (60) ppm NOX to a new rule limit of thirty (30) ppm, then the permit shall contain a future effective PAL level that is equal to the current PAL level reduced by half of the original baseline emissions of such unit(s).
(b) For newly constructed units (which do not include modifications to existing units) on which actual construction began after the twenty-four (24)-month period the emissions must be added to the PAL level in an amount equal to the potential to emit of the units.
(7) Contents of the PAL permit. The PAL permit must contain, at a minimum, the information in paragraphs (N)(7)(a) through (N)(7)(j).
(a) The PAL pollutant and the applicable source-wide emission limitation in tons per year.
(b) The PAL permit effective date and the expiration date of the PAL (PAL effective period).
(c) Specification in the PAL permit that if a major stationary source owner or operator applies to renew a PAL in accordance with paragraph (N)(10) before the end of the PAL effective period, then the PAL shall not expire at the end of the PAL effective period. It shall remain in effect until a revised PAL permit is issued by the Department.
(d) A requirement that emission calculations for compliance purposes include emissions from startups, shutdowns, and malfunctions.
(e) A requirement that, once the PAL expires, the major stationary source is subject to the requirements of paragraph (N)(9).
(f) The calculation procedures that the major stationary source owner or operator shall use to convert the monitoring system data to monthly emissions and annual emissions based on a twelve (12) month rolling total for each month as required by paragraph (N)(13)(a).
(g) A requirement that the major stationary source owner or operator monitor all emissions units in accordance with the provisions under paragraph (N)(12).
(h) A requirement to retain the records required under paragraph (N)(13) on site. Such records may be retained in an electronic format.
(i) A requirement to submit the reports required under paragraph (N)(14) by the required deadlines.
(j) Any other requirements that the Department deems necessary to implement and enforce the PAL.
(8) PAL effective period and reopening of the PAL permit. The requirements in paragraphs (N)(8)(a) and (N)(8)(b) apply to actuals PALs.
(a) PAL effective period. The Department shall specify a PAL effective period of ten (10) years.
(b) Reopening of the PAL permit.
(i) During the PAL effective period, the Department must reopen the PAL permit to:
(1) Correct typographical/calculation errors made in setting the PAL or reflect a more accurate determination of emissions used to establish the PAL.
(2) Reduce the PAL if the owner or operator of the major stationary source creates creditable emissions reductions for use as offsets under Section (D).
(3) Revise the PAL to reflect an increase in the PAL as provided under paragraph (N)(11).
(ii) The Department shall have discretion to reopen the PAL permit for the following:
(1) Reduce the PAL to reflect newly applicable federal requirements (for example, NSPS) with compliance dates after the PAL effective date.
(2) Reduce the PAL consistent with any other requirement, that is enforceable as a practical matter, and that the Department may impose on the major stationary source under the State Implementation Plan.
(3) Reduce the PAL if the Department determines that a reduction is necessary to avoid causing or contributing to a NAAQS or PSD increment violation, or to an adverse impact on an air quality related value that has been identified for a Federal Class I area by a Federal Land Manager and for which information is available to the general public.
(iii) Except for the permit reopening in paragraph (N)(8)(b)(i)(1) for the correction of typographical/calculation errors that do not increase the PAL level, all other reopenings shall be carried out in accordance with the public participation requirements of paragraph (N)(5).
(9) Expiration of a PAL. Any PAL which is not renewed in accordance with the procedures in paragraph (N)(10) shall expire at the end of the PAL effective period, and the requirements in paragraphs (N)(9)(a) through (N)(9)(e) shall apply.
(a) Each emissions unit (or each group of emissions units) that existed under the PAL shall comply with an allowable emission limitation under a revised permit established according to the procedures in paragraphs (N)(9)(a)(i) through (N)(9)(a)(ii).
(i) Within the time frame specified for PAL renewals in paragraph (N)(10)(b), the major stationary source shall submit a proposed allowable emission limitation for each emissions unit (or each group of emissions units, if such a distribution is more appropriate as decided by the Department) by distributing the PAL allowable emissions for the major stationary source among each of the emissions units that existed under the PAL. If the PAL had not yet been adjusted for an applicable requirement that became effective during the PAL effective period, as required under paragraph (N)(10)(e), such distribution shall be made as if the PAL had been adjusted.
(ii) The Department shall decide whether and how the PAL allowable emissions will be distributed and issue a revised permit incorporating allowable limits for each emissions unit, or each group of emissions units, as the Department determines is appropriate.
(b) Each emissions unit(s) shall comply with the allowable emission limitation on a twelve (12) month rolling basis. The Department may approve the use of monitoring systems (source testing, emission factors, etc.) other than Continuous Emissions Monitoring System (CEMS), Continuous Emissions Rate Monitoring System (CERMS), Predictive Emissions Monitoring System (PEMS), or Continuous Parameter Monitoring System (CPMS) to demonstrate compliance with the allowable emission limitation.
(c) Until the Department issues the revised permit incorporating allowable limits for each emissions unit, or each group of emissions units, as required under paragraph (N)(9)(a)(i), the source shall continue to comply with a source-wide, multi-unit emissions cap equivalent to the level of the PAL emission limitation.
(d) Any physical change or change in the method of operation at the major stationary source will be subject to the nonattainment major NSR requirements if such change meets the definition of major modification in paragraph (B)(21).
(e) The major stationary source owner or operator shall continue to comply with any State or Federal applicable requirements (BACT, RACT, NSPS, etc.) that may have applied either during the PAL effective period or prior to the PAL effective period except for those emission limitations that had been established pursuant to paragraph (L)(4), but were eliminated by the PAL in accordance with the provisions in paragraph (N)(1)(c)(iii).
(10) Renewal of a PAL.
(a) The Department shall follow the procedures specified in paragraph (N)(5) in approving any request to renew a PAL for a major stationary source, and shall provide both the proposed PAL level and a written rationale for the proposed PAL level to the public for review and comment. During such public review, any person may propose a PAL level for the source for consideration by the Department.
(b) Application deadline. A major stationary source owner or operator shall submit a timely application to the Department to request renewal of a PAL. A timely application is one that is submitted at least six (6) months prior to, but not earlier than eighteen (18) months from, the date of permit expiration. This deadline for application submittal is to ensure that the permit will not expire before the permit is renewed. If the owner or operator of a major stationary source submits a complete application to renew the PAL within this time period, then the PAL shall continue to be effective until the revised permit with the renewed PAL is issued.
(c) Application requirements. The application to renew a PAL permit shall contain the information required in paragraphs (N)(10)(c)(i) through (N)(10)(c)(iv).
(i) The information required in paragraphs (N)(3)(a) through (N)(3)(c).
(ii) A proposed PAL level.
(iii) The sum of the potential to emit of all emissions units under the PAL (with supporting documentation).
(iv) Any other information the owner or operator wishes the Department to consider in determining the appropriate level for renewing the PAL.
(d) PAL adjustment. In determining whether and how to adjust the PAL, the Department shall consider the options outlined in paragraphs (N)(10)(d)(i) and (N)(10)(d)(ii). However, in no case may any such adjustment fail to comply with paragraph (N)(10)(d)(iii).
(i) If the emissions level calculated in accordance with paragraph (N)(6) is equal to or greater than eighty (80) percent of the PAL level, the Department may renew the PAL at the same level without considering the factors set forth in paragraph (N)(10)(d)(ii); or
(ii) The Department may set the PAL at a level that it determines to be more representative of the source's baseline actual emissions, or that it determines to be appropriate considering air quality needs, advances in control technology, anticipated economic growth in the area, desire to reward or encourage the source's voluntary emissions reductions, or other factors as specifically identified by the Department in its written rationale.
(iii) Notwithstanding paragraphs (N)(10)(d)(i) and (N)(10)(d)(ii),
(1) If the potential to emit of the major stationary source is less than the PAL, the Department shall adjust the PAL to a level no greater than the potential to emit of the source; and
(2) The Department shall not approve a renewed PAL level higher than the current PAL, unless the major stationary source has complied with the provisions of paragraph (N)(11) (increasing a PAL).
(e) If the compliance date for a state or federal requirement that applies to the PAL source occurs during the PAL effective period, and if the Department has not already adjusted for such requirement, the PAL shall be adjusted at the time of PAL permit renewal or Title V permit renewal, whichever occurs first.
(11) Increasing a PAL during the PAL effective period.
(a) The Department may increase a PAL emission limitation only if the major stationary source complies with the provisions in paragraphs (N)(11)(a)(i) through (N)(11)(a)(iv).
(i) The owner or operator of the major stationary source shall submit a complete application to request an increase in the PAL limit for a PAL major modification. Such application shall identify the emissions unit(s) contributing to the increase in emissions so as to cause the major stationary source's emissions to equal or exceed its PAL.
(ii) As part of this application, the major stationary source owner or operator shall demonstrate that the sum of the baseline actual emissions of the small emissions units, plus the sum of the baseline actual emissions of the significant and major emissions units assuming application of BACT equivalent controls, plus the sum of the allowable emissions of the new or modified emissions unit(s) exceeds the PAL. The level of control that would result from BACT equivalent controls on each significant or major emissions unit shall be determined by conducting a new BACT analysis at the time the application is submitted, unless the emissions unit is currently required to comply with a BACT or LAER requirement that was established within the preceding ten (10) years. In such a case, the assumed control level for that emissions unit shall be equal to the level of BACT or LAER with which that emissions unit must currently comply.
(iii) The owner or operator obtains a major NSR permit for all emissions unit(s) identified in paragraph (N)(11)(a)(i), regardless of the magnitude of the emissions increase resulting from them (that is, no significant levels apply). These emissions unit(s) shall comply with any emissions requirements resulting from the nonattainment major NSR program process (for example, LAER), even though they have also become subject to the PAL or continue to be subject to the PAL.
(iv) The PAL permit shall require that the increased PAL level shall be effective on the day any emissions unit that is part of the PAL major modification becomes operational and begins to emit the PAL pollutant.
(b) The Department shall calculate the new PAL as the sum of the allowable emissions for each modified or new emissions unit, plus the sum of the baseline actual emissions of the significant and major emissions units (assuming application of BACT equivalent controls as determined in accordance with paragraph (N)(11)(a)(ii)), plus the sum of the baseline actual emissions of the small emissions units.
(c) The PAL permit shall be revised to reflect the increased PAL level pursuant to the public notice requirements of paragraph (N)(5).
(12) Monitoring requirements for PALs.
(a) General Requirements.
(i) Each PAL permit must contain enforceable requirements for the monitoring system that accurately determines plantwide emissions of the PAL pollutant in terms of mass per unit of time. Any monitoring system authorized for use in the PAL permit must be based on sound science and meet generally acceptable scientific procedures for data quality and manipulation. Additionally, the information generated by such system must meet minimum legal requirements for admissibility in a judicial proceeding to enforce the PAL permit.
(ii) The PAL monitoring system must employ one or more of the four general monitoring approaches meeting the minimum requirements set forth in paragraphs (N)(12)(b)(i) through (N)(12)(b)(iv) and must be approved by the Department.
(iii) Notwithstanding paragraph (N)(12)(a)(ii), you may also employ an alternative monitoring approach that meets paragraph (N)(12)(a)(i) if approved by the Department.
(iv) Failure to use a monitoring system that meets the requirements of this regulation renders the PAL invalid.
(b) Minimum Performance Requirements for Approved Monitoring Approaches. The following are acceptable general monitoring approaches when conducted in accordance with the minimum requirements in paragraphs (N)(12)(c) through (N)(12)(i):
(i) Mass balance calculations for activities using coatings or solvents;
(ii) Continuous emissions monitoring system (CEMS);
(iii) Continuous parameter monitoring system (CPMS) or Predictive emissions monitoring system (PEMS); and
(iv) Emission Factors.
(c) Mass Balance Calculations. An owner or operator using mass balance calculations to monitor PAL pollutant emissions from activities using coating or solvents shall meet the following requirements:
(i) Provide a demonstrated means of validating the published content of the PAL pollutant that is contained in or created by all materials used in or at the emissions unit;
(ii) Assume that the emissions unit emits all of the PAL pollutant that is contained in or created by any raw material or fuel used in or at the emissions unit, if it cannot otherwise be accounted for in the process; and
(iii) Where the vendor of a material or fuel, which is used in or at the emissions unit, publishes a range of pollutant content from such material, the owner or operator must use the highest value of the range to calculate the PAL pollutant emissions unless the Department determines there is site-specific data or a site-specific monitoring program to support another content within the range.
(d) CEMS. An owner or operator using CEMS to monitor PAL pollutant emissions shall meet the following requirements:
(i) CEMS must comply with applicable Performance Specifications found in 40 CFR Part 60, Appendix B; and
(ii) CEMS must sample, analyze and record data at least every fifteen (15) minutes while the emissions unit is operating.
(e) CPMS or PEMS. An owner or operator using CPMS or PEMS to monitor PAL pollutant emissions shall meet the following requirements:
(i) The CPMS or the PEMS must be based on current site-specific data demonstrating a correlation between the monitored parameter(s) and the PAL pollutant emissions across the range of operation of the emissions unit; and
(ii) Each CPMS or PEMS must sample, analyze, and record data at least every fifteen (15) minutes, or at another less frequent interval approved by the Department, while the emissions unit is operating.
(f) Emission factors. An owner or operator using emission factors to monitor PAL pollutant emissions shall meet the following requirements:
(i) All emission factors shall be adjusted, if appropriate, to account for the degree of uncertainty or limitations in the factors' development;
(ii) The emissions unit shall operate within the designated range of use for the emission factor, if applicable; and
(iii) If technically practicable, the owner or operator of a significant emissions unit that relies on an emission factor to calculate PAL pollutant emissions shall conduct validation testing to determine a site-specific emission factor within six (6) months of PAL permit issuance, unless the Department determines that testing is not required.
(g) A source owner or operator must record and report maximum potential emissions without considering enforceable emission limitations or operational restrictions for an emissions unit during any period of time that there is no monitoring data, unless another method for determining emissions during such periods is specified in the PAL permit.
(h) Notwithstanding the requirements in paragraphs (N)(12)(c) through (N)(12)(g), where an owner or operator of an emissions unit cannot demonstrate a correlation between the monitored parameter(s) and the PAL pollutant emissions rate at all operating points of the emissions unit, the Department shall, at the time of permit issuance:
(i) Establish default value(s) for determining compliance with the PAL based on the highest potential emissions reasonably estimated at such operating point(s); or
(ii) Determine that operation of the emissions unit during operating conditions when there is no correlation between monitored parameter(s) and the PAL pollutant emissions is a violation of the PAL.
(i) Re-validation. All data used to establish the PAL pollutant must be re-validated through performance testing or other scientifically valid means approved by the Department. Such testing must occur at least once every five (5) years after issuance of the PAL.
(13) Recordkeeping requirements.
(a) The PAL permit shall require an owner or operator to retain a copy of all records necessary to determine compliance with any requirement of Section (N) and of the PAL, including a determination of each emissions unit's twelve (12) month rolling total emissions, for five (5) years from the date of such record.
(b) The PAL permit shall require an owner or operator to retain a copy of the following records for the duration of the PAL effective period plus five (5) years:
(i) A copy of the PAL permit application and any applications for revisions to the PAL; and
(ii) Each annual certification of compliance pursuant to Title V and the data relied on in certifying the compliance.
(14) Reporting and notification requirements. The owner or operator shall submit semi-annual monitoring reports and prompt deviation reports to the Department in accordance with the applicable Title V operating permit program. The reports shall meet the requirements in paragraphs (N)(14)(a) through (N)(14)(c).
(a) Semi-Annual Report. The semi-annual report shall be submitted to the Department within thirty (30) days of the end of each reporting period. This report shall contain the information required in paragraphs (N)(14)(a)(i) through (N)(14)(a)(vii).
(i) The identification of owner and operator and the permit number.
(ii) Total annual emissions tons per year based on a twelve (12) month rolling total for each month in the reporting period recorded pursuant to paragraph (N)(13)(a).
(iii) All data relied upon, including, but not limited to, any Quality Assurance or Quality Control data, in calculating the monthly and annual PAL pollutant emissions.
(iv) A list of any emissions units modified or added to the major stationary source during the preceding six (6)-month period.
(v) The number, duration, and cause of any deviations or monitoring malfunctions (other than the time associated with zero and span calibration checks), and any corrective action taken.
(vi) A notification of a shutdown of any monitoring system, whether the shutdown was permanent or temporary, the reason for the shutdown, the anticipated date that the monitoring system will be fully operational or replaced with another monitoring system, and whether the emissions unit monitored by the monitoring system continued to operate, and the calculation of the emissions of the pollutant or the number determined by method included in the permit, as provided by paragraph (N)(12)(g).
(vii) A signed statement by the responsible official (as defined by Regulation 61-62.70) certifying the truth, accuracy, and completeness of the information provided in the report.
(b) Deviation report. The major stationary source owner or operator shall promptly submit reports of any deviations or exceedance of the PAL requirements, including periods where no monitoring is available. A report submitted pursuant to 40 CFR 70.6(a)(3)(iii)(B) shall satisfy this reporting requirement. The deviation reports shall be submitted within the time limits prescribed by the applicable program implementing 40 CFR 70.6(a)(3)(iii)(B). The reports shall contain the following information:
(i) The identification of owner and operator and the permit number;
(ii) The PAL requirement that experienced the deviation or that was exceeded;
(iii) Emissions resulting from the deviation or the exceedance; and
(iv) A signed statement by the responsible official (as defined by Regulation 61-62.70) certifying the truth, accuracy, and completeness of the information provided in the report.
(c) Re-validation results. The owner or operator shall submit to the Department the results of any re-validation test or method within three (3) months after completion of such test or method.
(15) Transition requirements.
(a) The Department may not issue a PAL that does not comply with the requirements in paragraphs (N)(1) through (N)(15) after the date these provisions become effective.
(b) The Department may supersede any PAL which was established prior to the date of approval of the plan by the Administrator with a PAL that complies with the requirements of paragraphs (N)(1) through (N)(15).
(O) If any provision of this regulation, or the application of such provision to any person or circumstance, is held invalid, the remainder of this regulation, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.
HISTORY: Amended by State Register Volume 36, Issue No. 5, eff May 25, 2012 (errata); State Register Volume 36, Issue No. 9, eff September 28, 2012 (errata); State Register Volume 27, Issue No. 4, eff April 26, 2013; State Register Volume 39, Issue No. 6, Doc. No. 4481, eff June 26, 2015; State Register Volume 39, Issue No. 11, Doc. No. 4577, eff November 27, 2015; SCSR 44-4 Doc. No. 4873, eff April 24, 2020; SCSR 45-11 Doc. No. 5056, eff November 26, 2021.
STANDARD NO. 8 TOXIC AIR POLLUTANTS
I. GENERAL APPLICABILITY.
This Standard is applicable to sources of toxic air pollutants as provided below. This Standard does not apply to fuel burning sources which burn only virgin fuel or specification used oil. The terms in this Standard are used as defined in South Carolina Air Pollution Control Regulations and Standards Regulation 62.1, Section I, "Definitions". The effective date of this Standard is June 28, 1991.
A. EXISTING SOURCES:
(1) Any person with an existing source of any toxic air pollutant shall be required to show compliance with this standard not later than two years after the effective date of this standard. These sources must provide the Department with the name and Chemical Abstract Service(CAS) number of the chemical, stack parameters, and emission rate data. If potential emissions of any single toxic air pollutant are 1000 lbs/month or greater an operating permit will be required. An operating permit may or may not be required for sources with emissions less than 1000 lbs/month. This determination will take into consideration, but not be limited to, the nature and amount of the pollutants, location, proximity to commercial establishments and residences.
(2) Any person holding an operating permit prior to the effective date of this standard shall be required to demonstrate compliance with this standard for all toxic air pollutant emissions prior to renewal of the operating permit. The compliance demonstration must include all sources of toxic air pollutants at the facility, including sources not previously subject to permit requirements. Methods for compliance demonstration may be found in the Air Quality Modeling Guidelines as prepared pursuant to paragraph II(A) of this regulation.
B. NEW SOURCES: Any person who constructs, alters, or adds to a source of toxic air pollutants after the effective date of this standard, shall comply with this standard. These sources must provide the Department with the name and Chemical Abstract Service (CAS) number of the chemical, stack parameters, and emission rate data. If potential emissions of any single toxic air pollutant are 1000 lbs/month or greater a construction permit will be required. A permit may or may not be required for sources with emissions less than 1000 lbs/month; however, all sources are required to demonstrate compliance with this standard for all toxic emissions. This determination will take into consideration, but will not be limited to, the nature and amount of the pollutants, location, proximity to residences and commercial establishments. Methods for compliance demonstration may be found in the Air Quality Modeling Guidelines as prepared pursuant to paragraph II(A) of this regulation.
C. This standard will not supersede any requirements imposed by Federal National Emission Standards for Hazardous Air Pollutants nor any special permit conditions, unless this standard would impose a more restrictive emission limit.
D. Facilities are exempt from the requirements of this standard as follows:
(1) Affected sources that emit Hazardous Air Pollutants (HAPs) (42 U.S.C. 112(b)) and are subject to one or more Federal Maximum Achievable Control Technology (MACT) standards (42 U.S.C. 112(d), (g), (h), or (j)) are exempt. This exemption shall only apply to toxic air pollutants regulated by this standard that are also federally regulated HAPs, except as provided below. This exemption shall apply once the emission sources are in compliance with a proposed or final MACT standard. Affected source, for the purposes of this part, means the stationary source, the group of stationary sources, or the portion of a stationary source that is regulated by a relevant standard or other requirement established pursuant to Section 112 of the Act (42 U.S.C 7401 et seq.). Each relevant standard will define the "affected source" for the purposes of that standard.
(2) Emission points that emit HAPs which are not exempt from this standard according to (1) above are granted an exemption once a federally required Residual Risk analysis (42 U.S.C. section 112(f)) that accounts for all facility-wide HAPs has been completed. Such emission points may be exempted prior to a Residual Risk analysis on a case-by-case basis after review by the Department. Exemptions may be granted in cases where off-site impacts from HAP emissions are significantly below levels established by this standard (less than 50% of the standard).1
(3) Sources that emit toxic air pollutants regulated by this standard which are not federally regulated HAPs can request an exemption from this standard on a case-by-case basis after review by the Department. Exemptions may be granted in cases where non-HAP emissions are controlled (reduced) by MACT controls applied to reduce HAP emissions and in cases where off-site impacts from non-HAP emissions are significantly below levels established by this standard (less than 50% of the standard).1
E. Additions and deletions to the list of Toxic Air Pollutants may be made following normal administrative procedures.
II. TOXIC AIR EMISSIONS.
A. The Department will prepare Air Quality Modeling Guidelines to provide assistance to facilities concerning compliance demonstrations and modeling issues. These guidelines may be updated periodically as new models and/or modeling procedures are developed by the Environmental Protection Agency. Detailed procedures for showing compliance with this standard may be found in the Air Quality Modeling Guidelines. Required modeling must use the latest versions of United States Environmental Protection Agency air dispersion models to determine the concentration of the toxic air pollutant in the ambient air at or beyond the plant property line, using 24-hour averaging.
B. The Bureau may provide modeling assistance to facilities that are designated as "small business stationary source" as defined in the Federal Clean Air Act (42 U.S.C. Sect. 507 (c)). However, the facility is still responsible for submitting the emission and facility data needed for the modeling analyses. Nothing in this section precludes a facility from conducting its own modeling if desired by the facility.
C. Changes in the following parameters will require a review by the facility to determine if they have an adverse impact on the compliance demonstration:
(1) Decrease in stack height
(2) Decrease in stack exit temperature
(3) Increase in stack diameter
(4) Decrease in stack exit velocity
(5) Increase in building height or building additions at the facility
(6) Increase in emission rates
(7) Decrease in distance between stack and property line
(8) Changes in stack orientation from vertical
(9) Installation of a rain cap that impedes vertical flow
Exemptions to this requirement may be granted on a case-by-case basis. A revised compliance demonstration will not be required when air dispersion modeling software programs are updated.
D. The air toxics, emission rates, and other information used in the compliance determination will be listed in Attachment A - Modeling Parameters Used in Compliance Determination of the construction and/or operating permit for the facility. Changes that increase maximum modeled concentrations may be administratively incorporated in these permits provided a compliance demonstration using these changes is submitted to the Department. Variations from the input parameters shall not constitute a violation unless the maximum allowable ambient concentrations identified in this standard are exceeded.
E. The allowable ambient air concentrations of a toxic air pollutant beyond the plant property line as determined by modeling under Part A shall be limited to the value listed in the following table. The pollutants are divided into three categories based on chronic exposure as follows: Category 1: Low Toxicity - Those pollutants which cause readily reversible changes which disappear after exposure ends. Category 2: Moderate Toxicity - Those pollutants which may cause chronic reversible or irreversible changes that are not severe enough to result in death or permanent injury. Category 3: High Toxicity - Those pollutants which may cause chronic effects that result in death or permanent injury after very short exposure to small quantities.
Chemical Name
CAS Number
Category
Maximum Allowable 24-Hour Average
Concentration (µg/m3)*
Acetaldehyde
75-07-0
2
1800.00
Acetamide
60-35-5
3
+
Acetic Anhydride
108-24-7
1
500.00
Acetonitrile
75-05-8
1
1750.00
Acetophenone
98-86-2
3
+
2-Acetylaminofluorene
53-96-3
3
+
Acrolein
107-02-8
3
1.25
Acrylamide
79-06-1
2
0.30
Acrylic Acid
79-10-7
3
147.50
Acrylonitrile
107-13-1
3
22.50
Aldicarb
116-06-3
2
6.00
Allyl Chloride
107-05-1
2
30.00
p-Aminodiphenyl (4-Aminobiphenyl)
92-67-1
3
0.00
Ammonium Chloride
12125-02-9
1
250.00
Aniline
62-53-3
3
50.00
o-Anisidine
90-04-0
3
2.50
p-Anisidine
104-94-9
3
2.50
Antimony Compounds
>
1
2.50
Arsenic Pentoxide
1303-28-2
3
1.00
Arsenic
7440-38-2
3
1.00
Benzene
71-43-2
3
150.00
Benzidine
92-87-5
3
0.00
Benzotrichloride
98-07-7
3
300.00
Benzyl Chloride
100-44-7
3
25.00
Beryllium Oxide
1304-56-9
3
0.01
Beryllium Sulfate
13510-49-1
3
0.01
Beryllium
7440-41-7
3
0.01
Biphenyl
92-52-4
3
6.00
Bis(Chloromethyl) Ether
542-88-1
3
0.03
Bis(2-ethylhexyl)phthalate (DEHP)
117-81-7
3
25.00
Bromoform
75-25-2
3
25.85
1,3-Butadiene
106-99-0
3
110.50
1-Butanethiol (n-Butyl Mercaptan)
109-79-5
2
15.00
n-Butylamine
109-73-9
3
75.00
Cadmium Oxide
1306-19-0
3
0.25
Cadmium Sulfate
10124-36-4
3
0.20
Cadmium
7440-43-9
3
0.25
Calcium Cyanamide
156-62-7
3
2.50
Caprolactam, vapor
105-60-2
1
500.00
Caprolactam, dust
105-60-2
1
25.00
Captan
133-06-2
3
25.00
Carbaryl
63-25-2
3
25.00
Carbon Disulfide
75-15-0
3
150.00
Carbon Tetrachloride
56-23-5
3
150.00
Carbonyl Sulfide
463-58-1
3
12250.00
Catechol
120-80-9
3
297.00
Chloramben
133-90-4
3
+
Chlordane
57-74-9
3
2.50
Chlorine
7782-50-5
1
75.00
Chloroacetic Acid
79-11-8
3
900.00
2-Chloroacetophenone
532-27-4
1
7.50
Chlorobenzene
108-90-7
3
1725.00
Chlorobenzilate
510-15-6
3
+
Chloroform
67-66-3
3
250.00
Chloromethyl Methyl Ether
107-30-2
3
+
p-Chloronitrobenzene
100-00-5
3
5.00
Chloroprene
126-99-8
3
175.00
Chromium (+6) Compounds
>
3
2.50
Cobalt Compounds
>
3
0.25
Coke Oven Emissions
>
3
+
Cresols/cresylic acid and mixture
1319-77-3
3
220.00
m-Cresol
108-39-4
3
110.50
o-Cresol
95-48-7
3
110.50
p-Cresol
106-44-5
3
110.50
Cumene
98-82-8
2
9.00 #
Cyanamide
420-04-2
1
50.00
Cyanic Acid
420-05-3
1
500.00
Cyanide
57-12-5
1
125.00
Cyanide compounds1
>
1
+
Cyanoacetamide
107-91-5
1
125.00
Cyanogen
460-19-5
1
500.00
2,4-D,salts and esters
94-75-7
3
50.00
DDE
3547-04-4
3
+
Diazomethane
334-88-3
3
2.00
Dibenzofuran
132-64-9
3
+
1,2-Dibromo-3-chloropropane
96-12-8
3
0.05
Dibutylphthalate
84-74-2
3
25.00
p-Dichlorobenzene
106-46-7
2
4500.00
3,3 -Dichlorobenzidine
91-94-1
3
0.15
1,3-Dichloropropene
542-75-6
3
20.00 #
Dichlorvos
62-73-7
3
4.52
Diethanolamine
111-42-2
2
129.00
n,n-Diethylaniline (n,n-Dimethylaniline)
121-69-7
2
250.00
Diethyl Phthalate
84-66-2
3
25.00
Diethyl Sulfate
64-67-5
3
+
Diisodecyl Phthalate
2671-40-0
2
50.00
3,3-Dimethoxybenzidine
119-90-4
3
0.30
3,3'-Dimethyl Benzidine
119-93-7
3
+
Dimethyl Carbamoyl Chloride
79-44-7
3
+
Dimethyl Formamide
68-12-2
2
300.00
1,1-Dimethyl Hydrazine
57-14-7
3
5.00
1,2-Dimethyl Hydrazine
540-73-8
3
5.00
Dimethyl Phthalate
131-11-3
3
25.00
Dimethyl Sulfate
77-78-1
3
2.50
4-Dimethylaminoazobenzene
60-11-7
3
125.00
m-Dinitrobenzene
99-65-0
2
10.00
4,6-Dinitro-o-cresol and salts
534-52-1
2
2.00
2,4-Dinitrophenol
51-28-5
3
+
2,4-Dinitrotoluene
121-14-2
3
1.50
Dioctyl Phthalate
117-84-0
2
50.00
1,4-Dioxane
123-91-1
3
450.00
1,2-Diphenylhydrazine
122-66-7
3
+
Epichlorohydrin
106-89-8
3
50.00
1,2-Epoxybutane
106-88-7
3
+
Ethanethiol
75-08-1
2
10.00
Ethanolamine
141-43-5
1
200.00
Ethyl Acrylate
140-88-5
3
102.50
Ethyl Benzene
100-41-4
2
4350.00
Ethyl Chloride
75-00-3
2
26400.00
Ethylene Dibromide
106-93-4
2
770.00
Ethylene Dichloride
107-06-2
3
200.00
Ethylene Glycol
107-21-1
3
650.00
Ethylene Oxide
75-21-8
3
10.00
Ethylene Thiourea
96-45-7
3
+
Ethylene Imine
151-56-4
3
5.00
Ethylidene Dichloride
75-34-3
3
2025.00
Formaldehyde
50-00-0
2
15.00
Formamide
75-12-7
1
750.00
Formic Acid
64-18-6
1
225.00
Furfural
98-01-1
1
200.00
Furfuryl Alcohol
98-00-0
2
400.00
Glycidaldehyde
765-34-4
3
75.00
Glycol Ethers2 (mono- and di- ethers of diethylene glycol or triethylene glycol)
>
1
+
Glycol Ethers2 (mono- and di- ethers of ethylene glycol)
>
3
+
Heptachlor
76-44-8
3
2.50
Hexachlorobenzene
118-74-1
3
+
Hexachlorobutadiene
87-68-3
3
l.20
Hexachlorocyclohexane (multiple isomers)
608-73-1
2
5.00
Hexachlorocylopentadiene
77-47-4
3
0.50
Hexachloroethane
67-72-1
3
48.50
Hexachloronaphthalene
1335-87-1
3
1.00
Hexamethylene-1,6-diisocyanate
822-06-0
2
0.34
Hexamethylphosphoramide
680-31-9
3
l4.50
Hexane
110-54-3
3
900.00
Hydrazine
302-01-2
3
0.50
Hydrochloric Acid
7647-01-0
1
175.00
Hydrogen Cyanide
74-90-8
1
250.00
Hydrogen Fluoride (HF)
7664-39-3
3
2.05
Hydrogen Sulfide
7783-06-4
2
140.00
Hydroquinone
123-31-9
2
20.00
Isophorone
78-59-1
2
250.00
Isopropylamine
75-31-0
1
300.00
Kepone (Chlordecone)
143-50-0
3
0.00
Ketene
463-51-4
3
4.50
Lead Arsenate
7645-25-2
3
0.75
Lead (+2) Arsenate
7784-40-9
3
0.75
Lindane
58-89-9
3
2.50
Malathion
121-75-5
2
100.00
Maleic Anhydride
108-31-6
2
10.00
Manganese Compounds
>
3
25.00
Mercury
7439-97-6
3
0.25
Methanol
67-56-1
3
1310.00
Methoxychlor
72-43-5
3
50.00
Methyl Bromide
74-83-9
3
100.00
Methyl Chloride
74-87-3
3
515.00
Methyl Chloroform (1,1,1-Trichloroethane)
71-55-6
3
9550.00
Methylene Biphenyl Isocyanate
101-68-8
2
2.00
4,4-Methylene Bis(2-chloroaniline)
101-14-4
3
1.10
4,4-Methylenedianiline
101-77-9
3
4.00
Methyl Ethyl Ketone (2-Butanone)
78-93-3
1
14750.00
Methyl Hydrazine
60-34-4
3
1.75
Methyl Iodide
74-88-4
3
58.00
Methyl Isobutyl Ketone
108-10-1
2
2050.00
Methyl Isocyanate
624-83-9
3
0.23
Methyl Mercaptan
74-93-1
2
10.00
Methyl Methacrylate
80-62-6
1
10250.00
Methylamine
74-89-5
1
300.00
Methylene Chloride
75-09-2
1
8750.00
Methyl-t-Butyl Ether
1634-04-4
1
+
Mineral Fibers, Fine3
>
3
+
Mineral Oil Mist (Paraffin Oil)
8012-95-1
3
25.00
Mirex
2385-85-5
3
4500.00
Naphthalene
91-20-3
1
1250.00
a-Naphthylamine
134-32-7
3
0.00
b-Naphthylamine
91-59-8
3
0.00
Nickel Carbonyl
13463-39-3
3
1.75
Nickel Oxide
1313-99-1
3
5.00
Nickel Sulfate
7786-81-4
3
5.00
Nickel
7440-02-0
3
0.50
Nitric Acid
7697-37-2
1
125.00
p-Nitroaniline
100-01-6
3
15.00
Nitrobenzene
98-95-3
3
25.00
4-Nitrobiphenyl
92-93-3
3
0.00
Nitrogen Mustard
51-75-2
3
0.00
Nitroglycerin
55-63-0
2
5.00
p-Nitrophenol
100-02-7
3
0.00
1-Nitropropane
108-03-2
1
2250.00
2-Nitropropane
79-46-9
3
182.00
p-Nitrosophenol
104-91-6
3
0.00
n-Nitroso-n-methylurea
684-93-5
3
+
n-Nitrosodimethylamine
62-75-9
3
0.00
n-Nitrosomorpholine
59-89-2
3
5000.00
p-Nitrotoluene
99-99-0
3
5.50
Octachloronaphthalene
2234-13-1
3
0.50
Oxalic Acid
144-62-7
2
10.00
Paraquat
1910-42-5
3
0.50
Parathion
56-38-2
3
0.50
Pentachloronitrobenzene (Quintobenzene)
82-68-8
3
+
Pentachlorophenol
87-86-5
2
5.00
Phenol
108-95-2
2
190.00
p-Phenylenediamine
106-50-3
2
1.00
Phenylhydrazine
100-63-0
2
200.00
Phosgene (Carbonyl Chloride)
75-44-5
2
4.00
Phosphine
7803-51-2
3
2.09
Phosphoric Acid
7664-38-2
1
25.00
Phosphorus
7723-14-0
2
0.50
Phthalic Anhydride
85-44-9
3
30.30
Picric Acid
88-89-1
2
1.00
Polychlorinated Biphenyls (PCB)
>
3
2.50
(multiple compounds)
Polycyclic Organic Matter4
>
3
160.00
1,3-Propane Sultone
1120-71-4
3
+
b-Propiolactone
57-57-8
3
7.50
Propionaldehyde
123-38-6
1
+
Propoxur
114-26-1
3
2.50
Propylene Dichloride
78-87-5
3
1750.00
Propylene Oxide
75-56-9
3
250.00
1,2-Propylenimine
75-55-8
3
23.35
Pyrethrin I
121-21-1
3
25.00
Pyrethrin II
121-29-9
3
25.00
Pyrethrum
8003-34-7
2
50.00
Quinoline
91-22-5
3
+
Quinone
106-51-4
3
2.00
Rotenone
83-79-462
2
50.00
Selenium Compounds
>
3
1.00
Sodium Hydroxide5
1310-73-2
1
50.00
Styrene
100-42-5
1
5325.00
Styrene Oxide
96-09-3
3
+
Sulfuric Acid
7664-93-9
2
10.00
Tetrachlorinated Dibenzo-p-dioxins
1746-01-6
3
0.00
1,1,2,2-Tetrachloroethane
79-34-5
3
35.00
(Acetylene Tetrachloride)
Tetrachloroethylene (Perchloroethylene)
127-18-4
2
3350.00
Titanium Tetrachloride
7550-45-0
1
2500.00
Toluene
108-88-3
3
2000.00
2,4-Toluenediamine
95-80-7
3
+
Toluene Diisocyanate
26471-62-5
2
0.40
Toluene-2,4- diisocyanate
584-84-9
2
0.40
o-Toluidine
95-53-4
3
43.85
Toxaphene
8001-35-2
3
2.50
1,2,4-Trichlorobenzene
120-82-1
2
400.00
1,1,2-Trichloroethane
79-00-5
3
273.00
Trichloroethylene
79-01-6
1
6750.00
2,4,5-Trichlorophenol
95-95-4
3
+
2,4,6-Trichlorophenol
88-06-2
3
+
Triethylamine
121-44-8
3
207.00
Trifluralin
1582-09-8
3
+
2,2,4-Trimethylpentane
540-84-1
1
8750.00
Urethane (Carbamic Acid Ethyl Ester)
51-79-6
2
5000.00
Vinyl Acetate
108-05-4
3
176.00
Vinyl Bromide
593-60-2
3
100.00
Vinyl Chloride
75-01-4
3
50.00
Vinyl Fluoride
75-02-5
2
19.00
Vinylidene chloride
75-35-4
3
99.00
Xylene
1330-20-7
2
4350.00
m-Xylene
108-38-3
2
4350.00
o-Xylene
95-47-6
2
4350.00
p-Xylene
106-42-3
2
4350.00
Xylidine
1300-73-8
3
50.00
*For the purpose of this standard, these values shall be rounded to the nearest hundredth of a µg/m3. For example, a test or modeled value of 0.005 through 0.01 would be rounded to 0.01 but values less than 0.005 would be rounded to 0.00.
+ to be determined
> No CAS number.
# Verified reference concentration(RfC) established by the United States Environmental Protection Agency.
1XCN where X = H+ or any other group where a formal dissociation may occur. For example KCN or Ca(CN)2.
2Includes mono- and di-ethers of ethylene glycol, diethylene glycol and triethylene glycol R-(OCH2CH2)n-OR', where:
n = 1, 2, or 3
R = alkyl or aryl groups
R'= R, H, or groups which, when removed, yield glycol ethers with the structure: R-(OCH2CH)n-OH
Polymers are excluded from the glycol category.
Mono- and di-ethers of ethylene glycol are category 3 air toxics; mono- and di-ethers of diethylene glycol and triethylene glycol are category 1 air toxics.
3Includes mineral fiber emissions from facilities manufacturing or processing glass, rock, and slag fibers (or other mineral derived fibers) of average diameter 1 micrometer or less.
4Includes organic compounds with more than one benzene ring and which have a boiling point greater than or equal to 100° C.
5The use of sodium hydroxide in a scrubber for air pollution control purposes is exempt from this standard.
Note: For all listings above that contain the word "compounds" and for glycol ethers the following applies: Unless otherwise specified, these listings are defined as including any unique chemical substance that contains the named element (i.e. antimony, arsenic, etc.) as part of that chemical infrastructure
III. CONTROLS.
If modeling by the source indicates that the maximum allowable concentration is exceeded, the Department may allow approved, site specific modeling/ambient monitoring on a case-by-case basis. If this approach does not demonstrate that the public health will be adequately protected, the source will be required to reduce emissions by implementing controls, altering the process, or limiting production.
IV. SOURCE TEST REQUIREMENTS.
The owner or operator of all sources of toxic air pollutants shall conduct such tests as required by the Department to verify toxic air pollutant emission rates. An owner or operator shall ensure that source tests are conducted in compliance with the requirements of R.61-62.1, Section IV, Source Tests.
V. RECORDKEEPING.
A. Copies of all records and reports required under this Standard shall be available for inspection by the Department during normal business hours and copies shall be provided to the Department within ten working days of receipt of a written request by the Department.
B. Copies of all records and reports required under this Standard shall be maintained by the owner/operator for three years after the date on which the record was made or the report submitted.
1If future construction/modifications cause off-site impacts to exceed 50% of the appropriate standard, the exemption is no longer valid.
HISTORY: Amended by State Register Volume 39, Issue No. 6, Doc. No. 4481, eff June 26, 2015.
Editor's Note
Scrivener errors corrected in 2012.
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