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Department of Natural Resources and Environmental Control
Division of Air Quality
Statutory Authority: 7 Delaware Code, Chapter 60; (7 Del.C., Ch. 60)
7 DE Admin. Code 1138
FINAL
Secretary’s order No.: 2012-A-0039
Date of Issuance: November 9, 2012
Effective Date of the Amendment: December 11, 2012
1138 Emission Standards for Hazardous Air Pollutants for Source Categories
Under the authority vested in the Secretary of the Department of Natural Resources and Environmental Control (“Department” or “DNREC”) the following findings, reasons and conclusions are entered as an Order of the Secretary in the above-referenced rulemaking proceeding.
Background and Procedural History
This Order considers the proposed regulatory amendments to 7 DE Admin. Code 1138, Emission Standards for Hazardous Air Pollutants for Source Categories, Section 17.0, “Area Source Prepared Feeds Manufacturing Facilities”. The proposed new Section 17.0 will specifically regulate both new and existing prepared feeds manufacturing facilities located at area sources which primarily engage in manufacturing animal feeds (except cat and dog feeds), and those that add chromium or manganese compounds to the animal feeds. This proposed new section is based upon a federal rule that the U.S. Environmental Protection Agency (EPA) promulgated at 40 CFR Part 63, Subpart DDDDDDD on January 5, 2010.
The purpose of this proposed regulatory action is to provide increased protection for Delaware citizens against potential adverse health effects linked to a long-term exposure to cadmium, chromium, lead, manganese, or nickel compounds. With regard to the potential health impact of these HAPs, the EPA has identified both manganese and trivalent chromium compounds as Group “D” carcinogens; thus, based upon current information, these compounds cannot be classified as to their human carcinogenicity. From a non-carcinogenic perspective, however, the EPA has indicated that both manganese and trivalent chromium compounds can contribute to health impacts associated with the respiratory system. Additionally, manganese compounds have been linked to health impacts associated with the central nervous system.
The Department’s Division of Air Quality commenced the regulatory development process with Start Action Notice 2011-11. The Department published the proposed regulatory amendment in the August 1, 2012 Delaware Register of Regulation and held a public hearing on August 22, 2012. The Department’s presiding hearing officer, Lisa A. Vest, prepared a Hearing Officer’s Report dated October 9, 2012 (Report). The Report recommends certain findings and the adoption of the proposed Amendment as attached to the Report as Appendix A.
Findings and Discussion
I find that the proposed Amendment is well-supported by the record developed by the Department, and adopt the Report to the extent it is consistent with this Order. The Department’s experts developed the record and drafted the proposed Amendment. While the Department received public comment from the regulated community at its workshop in June of 2012 (which was then incorporated into the proposed regulation), as noted in the Report, no members of the public attended the aforementioned hearing on August 22, 2012, nor were any comments received from the public by the Department, either at the time of the hearing or prior to the record formally closing in this matter on September 6, 2012.
I find that the Department’s experts in the Division of Air Quality fully developed the record to support adoption of these Amendments. With the adoption of the regulation amendment to 7 DE Admin. Code 1138, Emission Standards for Hazardous Air Pollutants for Source Categories, Section 15.0, “Area Source Prepared Feeds Manufacturing Facilities”, Delaware will be able to mirror the recently issued federal rule promulgated by the U.S. Environmental Protection Agency (EPA) at 40 CFR Part 63, Subpart DDDDDDD and provide increased protection for Delaware citizens against potential adverse health effects linked to long-term exposure to manganese and trivalent chromium compounds, which can contribute to health impacts associated with, among other issues, the human respiratory system and the central nervous system.
In conclusion, the following findings and conclusions are entered:
1.) The Department has jurisdiction under its statutory authority to issue an Order adopting these proposed Amendments as final;
2.) The Department provided adequate public notice of the proposed Amendment, and provided the public with an adequate opportunity to comment on the proposed Amendment, including at a public hearing;
3.) The Department held a public hearing on the proposed Amendment on August 22, 2012;
4) The Department’s Hearing Officer’s Report, including its recommended record and the recommended Amendment as set forth in Appendix A, are adopted to provide additional reasons and findings for this Order;
5.) The recommended Amendment does not reflect any change from the proposed regulation Amendment as published in the August 1, 2012, Delaware Register of Regulations;
6.) The recommended Amendment should be adopted as final regulation Amendments because Delaware will then be enabled to (1) mirror the recently issued federal rule promulgated by the U.S. Environmental Protection Agency (EPA) at 40 CFR Part 63, Subpart DDDDDDD; and (2) provide increased protection for Delaware citizens against potential adverse health effects linked to long-term exposure to manganese and trivalent chromium compounds, which can contribute to health impacts associated with, among other issues, the human respiratory system and the central nervous system. Moreover, the regulation amendment is well supported by documents in the record; and
7.) The Department shall submit this Order approving the final regulation to the Delaware Register of Regulations for publication in its next available issue, and provide such other notice as the law and regulation require and the Department determines is appropriate.
Collin P. O’Mara, Secretary
1138 Emission Standards for Hazardous Air Pollutants for Source Categories
04/04/1998
1.0 Overview
Title III of the Clean Air Act Amendments of November 15, 1990 revised Section 112 of the 1970 Clean Air Act that addressed hazardous air pollutants (HAPs) and changed the way that these pollutants were to be regulated. Title III identified the specific HAPs and established the regulatory approach that the U.S. Environmental Protection Agency (EPA) would take to control their emissions from stationary sources.
The EPA is initially required to promulgate emission standards that are based on the maximum achievable control technology (MACT) for categories or subcategories of sources according to a Congress-mandated schedule. Within eight years of promulgating these MACT-based standards, the EPA is required to address the remaining or residual risk by promulgating, if needed, standards necessary to provide an ample margin of safety to protect public health or to prevent an adverse environmental effect. The initial MACT-based regulations are at 40 CFR Part 63.
The Department is adopting these regulations in response to 7 Del.C., Ch 60.
09/11/1999
2.0 Reserved
 
3.0 General Provisions
3.1 Applicability.
3.1.1 General.
3.1.1.1 Terms used throughout this regulation are defined in 4.2 of this regulation or in the Clean Air Act Amendments of 1990 (the Act), except that individual subparts of 40 CFR Part 63 or individual sections of this regulation may include specific definitions in addition to or that supersede definitions in 4.2 of this regulation.
3.1.1.2 This regulation contains emission standards for hazardous air pollutants initially established pursuant to Section 112 of the Act as amended November 15, 1990. These standards regulate specific categories of stationary sources that emit (or have the potential to emit) one or more hazardous air pollutants listed in 40 CFR Part 63 pursuant to Section 112(b) of the Act. This section explains the applicability of such standards to sources affected by them. The standards in 40 CFR Part 63 or this regulation are independent of NESHAP contained in 40 CFR Part 61 or 7 DE Admin. Code 1121 of the State of Delaware “Regulations Governing the Control of Air Pollution.” The NESHAP in Part 61 promulgated by signature of the Administrator before November 15, 1990 (i.e., the date of enactment of the Clean Air Act Amendments of 1990) remain in effect until they are amended, if appropriate, and added to 40 CFR Part 63. The standards in 7 DE Admin. Code 1121 remain in effect.
3.1.1.3 No emission standard or other requirement established under this regulation shall be interpreted, construed, or applied to diminish or replace the requirements of a more stringent emission limitation or other applicable requirement established by the Administrator pursuant to other authority of the Act (Section 111, Part C or D or any other authority of the Act), or a standard or other applicable requirement issued by the Department. The Department may specify in a specific standard under this regulation that facilities subject to other provisions under the Act need only comply with the provisions of that standard.
3.1.1.4 General provisions applicability to relevant standards.
3.1.1.4.1 Each relevant standard in 40 CFR Part 63 or this regulation shall identify explicitly whether each provision in 3.0 of this regulation is or is not included in such relevant standard.
3.1.1.4.2 If a relevant standard in 40 CFR Part 63 or this regulation incorporates the requirements of 40 CFR Part 60, Part 61 or Part 63 standard, the relevant standard shall identify explicitly the applicable general provisions (i.e. Subpart A requirements) of each corresponding Part 60, Part 61, or Part 63 standard or the applicable requirements in 3.0 of this regulation.
3.1.1.4.3 The General Provisions in 3.0 of this regulation do not apply to regulations developed pursuant to Section 112(r) of the Act, unless otherwise specified in those regulations.
3.1.1.5 [Reserved]
3.1.1.6 To obtain the most current list of categories of sources to be regulated under Section 112 of the Act, or to obtain the most recent regulation promulgation schedule established pursuant to Section 112(e) of the Act, contact the Office of the Director, Emission Standards Division, Office of Air Quality Planning and Standards, U.S. EPA (MD-13), Research Triangle Park, North Carolina 27711.
3.1.1.7 [Reserved]
3.1.1.8 [Reserved]
3.1.1.9 [Reserved]
3.1.1.10 For the purposes of this regulation, time periods specified in days shall be measured in calendar days, even if the word “calendar” is absent, unless otherwise specified in an applicable requirement.
3.1.1.11 For the purposes of this regulation, if an explicit postmark deadline is not specified in an applicable requirement for the submittal of a notification, application, test plan, report, or other written communication to the Administrator and the Department, the owner or operator shall postmark the submittal on or before the number of days specified in the applicable requirement. For example, if a notification must be submitted 15 days before a particular event is scheduled to take place, the notification shall be postmarked on or before 15 days preceding the event; likewise, if a notification must be submitted 15 days after a particular event takes place, the notification shall be postmarked on or before 15 days following the end of the event. The use of reliable non‑Government mail carriers that provide indications of verifiable delivery of information required to be submitted to the Administrator and the Department, similar to the postmark provided by the U.S. Postal Service, or alternative means of delivery agreed to by the Department, is acceptable.
3.1.1.12 Notwithstanding time periods or postmark deadlines specified in 40 CFR Part 63 or this regulation for the submittal of information to the Administrator or the Department by an owner or operator, or the review of such information by the Administrator or the Department, such time periods or deadlines may be changed by mutual agreement between the owner or operator and the Administrator or the Department. Procedures governing the implementation of this provision are specified in 3.9.9 of this regulation.
3.1.1.13 [Reserved]
3.1.1.14 [Reserved]
3.1.2 Initial applicability determination for this regulation.
3.1.2.1 The provisions of this regulation apply to the owner or operator of any stationary source that-
3.1.2.1.1 Emits or has the potential to emit any hazardous air pollutant listed in or pursuant to Section 112(b) of the Act and
3.1.2.1.2 Is subject to any standard, limitation, prohibition, or other federally enforceable requirement established pursuant to 40 CFR Part 63 or this regulation.
3.1.2.2 In addition to complying with the provisions of this regulation, the owner or operator of any such source may be required to obtain, revise or amend permits issued to stationary sources by the Department. For more information about obtaining permits, see 7 DE Admin. Codes 1102, 1125 and 1130 of the State of Delaware “Regulations Governing the Control of Air Pollution.”
3.1.2.3 An owner or operator of a stationary source who is in the relevant source category and who determines that the source is not subject to a relevant standard or other requirement established under 40 CFR Part 63 or this regulation shall keep a record as specified in 3.10.2.3 of this regulation.
3.1.3 Applicability of this regulation after a relevant standard has been set under 40 CFR Part 63 or this regulation.
3.1.3.1 If a relevant standard has been established under 40 CFR Part 63 or this regulation, the owner or operator of an affected source shall comply with the provisions of that standard and of 3.0 of this regulation as provided in 3.1.1.4 of this regulation.
3.1.3.2 Except as provided in 3.10.2.3 of this regulation, if a relevant standard has been established under 40 CFR Part 63 or this regulation, the owner or operator of an affected source may be required to obtain a Title V permit from the Department. Emission standards promulgated in 40 CFR Part 63 for area sources pursuant to Section 112(c)(3) of the Act or in this regulation will specify what the permitting requirements will be for area sources affected by such a standard.
3.1.3.3 [Reserved]
3.1.3.4 [Reserved]
3.1.3.5 If an area source that otherwise would be subject to an emission standard or other requirement established under 40 CFR Part 63 or this regulation if it were a major source subsequently increases its emissions of hazardous air pollutants (or its potential to emit hazardous air pollutants) such that the source is a major source that is subject to the emission standard or other requirement, such source also shall be subject to the notification requirements in 3.0 of this regulation.
3.1.4 [Reserved]
3.1.5 If the Administrator promulgates an emission standard under Section 112(d) or (h) of the Act that is applicable to a source subject to an emission limitation by permit established under Section 112(j) (of the Act) requirements in 5.12 though 5.18 of this regulation, and the requirements under that Section 112(j) emission limitation are substantially as effective as the promulgated emission standard, the owner or operator may request the Department to revise the source’s Title V permit to reflect that the emission limitation in the permit satisfies the requirements of the promulgated emission standard. The process by which the Department determines whether the Section 112(j) emission limitation is substantially as effective as the promulgated emission standard shall include, consistent with 7 DE Admin. Code 1130, the opportunity for full public, EPA, and affected State review (including the opportunity for EPA’s objection) prior to the permit revision being finalized. A negative determination by the Department constitutes final action for purposes of review and appeal under 7 DE Admin. Code 1130.
3.2 Definitions.
The terms used in this regulation are defined in the Act or in 3.2 of this regulation as follows:
“Act” means the Clean Air Act (42 U.S.C. 7401 et seq.).
“Actual emissions”, for the purpose of granting a compliance extension for an early reduction of hazardous air pollutants, mean the actual rate of emissions of a pollutant, but does not include excess emissions from a malfunction, or startups and shutdowns associated with a malfunction. Actual emissions shall be calculated using the source’s actual operating rates, and types of materials processed, stored, or combusted during the selected time period.
“Administrator” means the Administrator of the United States Environmental Protection Agency.
“Affected source”, for the purposes of this regulation, means the collection of equipment, activities, or both within a single contiguous area and under common control that is included in a Section 112(c) (of the Act) source category or subcategory for which a Section 112(d) (of the Act) standard or other relevant standard is established pursuant to Section 112 of the Act. Each relevant standard will define the “affected source,” as defined in 3.2 of this regulation unless a different definition is warranted based on a published justification as to why this definition would result in significant administrative, practical, or implementation problems and why the different definition would resolve those problems. The term “affected source,” as used in this regulation, is separate and distinct from any other use of that term in EPA regulations such as those implementing Title IV of the Act. Affected source may be defined differently for 40 CFR Part 63 and this regulation than affected facility and stationary source in 40 CFR Parts 60 and 61 and 7 DE Admin. Codes 1120 and 1121 of the State of Delaware “Regulation Governing the Control of Air Pollution”, respectively. This definition of “affected source,” and the procedures for adopting an alternative definition of “affected source,” shall apply to each Section 112(d) standard for which the initial proposed rule is signed by the Administrator after June 30, 2002.
“Alternative emission limitation” means conditions established pursuant to Sections 112(i)(5) or 112(i)(6) of the Act by the Department.
“Alternative emission standard” means an alternative means of emission limitation that, after notice and opportunity for public comment, has been demonstrated by an owner or operator to the Administrator’s satisfaction to achieve a reduction in emissions of any air pollutant at least equivalent to the reduction in emissions of such pollutant achieved under a relevant design, equipment, work practice, or operational emission standard, or combination thereof, established under 40 CFR Part 63 pursuant to Section 112(h) of the Act.
“Alternative test method” means any method of sampling and analyzing for an air pollutant that is not a test method in Chapter I of Title 40 and that has been demonstrated to the Administrator’s satisfaction, using Method 301 in Appendix A of 40 CFR Part 63, to produce results adequate for the Administrator’s determination that it may be used in place of a test method specified in 40 CFR Part 63 or this regulation.
“Approved permit program” means the permit program established under 7 DE Admin. Code 1130.
“Area source” means any stationary source of hazardous air pollutants that is not a major source as defined in this regulation.
“Commenced” means, with respect to construction or reconstruction of an affected source, that an owner or operator has undertaken a continuous program of construction or reconstruction or that an owner or operator has entered into a contractual obligation to undertake and complete, within a reasonable time, a continuous program of construction or reconstruction.
“Compliance date” means the date by which an affected source is required to be in compliance with a relevant standard, limitation, prohibition, or any federally enforceable requirement established by the Administrator or the Department pursuant to Section 112 of the Act.
“Compliance schedule” means:
“Construction” means the on-site fabrication, erection, or installation of an affected source. Construction does not include the removal of all equipment comprising an affected source from an existing location and reinstallation of such equipment at a new location. The owner or operator of an existing affected source that is relocated may elect not to reinstall minor ancillary equipment including, but not limited to, piping, ductwork, and valves. However, removal and reinstallation of an affected source will be construed as reconstruction if it satisfies the criteria for reconstruction as defined in 3.2 of this regulation. The costs of replacing minor ancillary equipment shall be considered in determining whether the existing affected source is reconstructed.
“Continuous emission monitoring system” (CEMS) means the total equipment that may be required to meet the data acquisition and availability requirements of 40 CFR Part 63 or this regulation, used to sample, condition (if applicable), analyze, and provide a record of emissions.
“Continuous monitoring system” (CMS) is a comprehensive term that may include, but is not limited to, continuous emission monitoring systems, continuous opacity monitoring systems, continuous parameter monitoring systems, or other manual or automatic monitoring that is used for demonstrating compliance with an applicable regulation on a continuous basis as defined by the regulation.
“Continuous opacity monitoring system” (COMS) means a continuous monitoring system that measures the opacity of emissions.
“Continuous parameter monitoring system” (CPMS) means the total equipment that may be required to meet the data acquisition and availability requirements of 40 CFR Part 63 or this regulation, used to sample, condition (if applicable), analyze, and provide a record of process or control system parameters.
“Department” means the Department of Natural Resources and Environmental Control as defined in 29 Del.C., Ch 80, as amended.
“Effective date” means:
“Emission standard” means a national standard, limitation, prohibition, or other regulation promulgated in a subpart of 40 CFR Part 63 pursuant to Sections 112(d), 112(h), or 112(f) of the Act or a standard, limitation, prohibition, or other regulation promulgated in a section of this regulation.
“Emissions averaging” is a way to comply with the emission limitations specified in a relevant standard, whereby an affected source, if allowed under a subpart of 40 CFR Part 63 or a section of this regulation, may create emission credits by reducing emissions from specific points to a level below that required by the relevant standard, and those credits are used to offset emissions from points that are not controlled to the level required by the relevant standard.
“EPA” means the United States Environmental Protection Agency.
“Equivalent emission limitation” means any maximum achievable control technology emission limitation or requirements which are applicable to a major source of hazardous air pollutants and are adopted by the Department on a case‑by‑case basis, pursuant to Section 112(g) or Section 112(j) (of the Act) requirements in 3.0 of this regulation.
“Excess emissions and continuous monitoring system performance report” is a report that must be submitted periodically by an affected source in order to provide data on its compliance with relevant emission limits, operating parameters, and the performance of its CPMS.
“Existing source” means any affected source that is not a new source.
“Federally enforceable” means all limitations and conditions that are enforceable by the Administrator and citizens under the Act or that are enforceable under other statutes administered by the Administrator. Examples of federally enforceable limitations and conditions include, but are not limited to:
Fixed capital cost” means the capital needed to provide all the depreciable components of an existing source.
“Fugitive emissions” mean those emissions from a stationary source that could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening. Under Section 112 of the Act, all fugitive emissions are to be considered in determining whether a stationary source is a major source.
“Hazardous air pollutant” means any air pollutant listed in or pursuant to Section 112(b) of the Act.
“Intermediate change to monitoring” means a modification to federally required monitoring involving “proven technology” (generally accepted by the scientific community as equivalent or better) that is applied on a site-specific basis and that may have the potential to decrease the stringency of the associated emission limitation or standard. Though site-specific, an intermediate change may set a national precedent for a source category and may ultimately result in a revision to the federally required monitoring. Examples of intermediate changes to monitoring include, but are not limited to:
“Intermediate change to test method” means a within-method modification to a federally enforceable test method involving “proven technology” (generally accepted by the scientific community as equivalent or better) that is applied on a site-specific basis and that may have the potential to decrease the stringency of the associated emission limitation or standard. Though site-specific, an intermediate change may set a national precedent for a source category and may ultimately result in a revision to the federally enforceable test method. In order to be approved, an intermediate change shall be validated according to Method 301 in Appendix A of 40 CFR Part 63, to demonstrate that it provides equal or improved accuracy and precision. Examples of intermediate changes to a test method include, but are not limited to:
“Combining” a federally required method with another proven method for application to processes emitting multiple pollutants.
“Issuance of a Title V permit” will occur in accordance with the requirements of 7 DE Admin. Code 1130.
“Major change to monitoring” means a modification to federally required monitoring that uses “unproven technology or procedures” (not generally accepted by the scientific community) or is an entirely new method (sometimes necessary when the required monitoring is unsuitable). A major change to monitoring may be site-specific or may apply to one or more source categories and will almost always set a national precedent. Examples of major changes to monitoring include, but are not limited to:
“Major change to test method” means a modification to a federally enforceable test method that uses “unproven technology or procedures” (not generally accepted by the scientific community) or is an entirely new method (sometimes necessary when the required test method is unsuitable). A major change to a test method may be site-specific, or may apply to one or more sources or source categories, and will almost always set a national precedent. In order to be approved, a major change shall be validated according to Method 301 in Appendix A of 40 CFR Part 63. Examples of major changes to a test method include, but are not limited to:
“Major source” means any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit considering controls, in the aggregate, 10 tons per year or more of any hazardous air pollutant or 25 tons per year or more of any combination of hazardous air pollutants, unless the Administrator establishes a lesser quantity, or in the case of radionuclides, different criteria from those specified in this sentence.
“Malfunction” means any sudden, infrequent, and not reasonably preventable failure of air pollution control and monitoring equipment, process equipment, or a process to operate in a normal or usual manner which causes, or has the potential to cause, the emission limitations in an applicable standard to be exceeded. Failures that are caused in part by poor maintenance or careless operation are not malfunctions.
“Minor change to monitoring” means:
“Minor change to test method” means:
“Monitoring” means the collection and use of measurement data or other information to control the operation of a process or pollution control device or to verify a work practice standard relative to assuring compliance with applicable requirements. Monitoring is composed of four elements:
“New affected source” means the collection of equipment, activities, or both within a single contiguous area and under common control that is included in a Section 112(c) (of the Act) source category or subcategory that is subject to a Section 112(d) (of the Act) or other relevant standard for new sources. This definition of “new affected source,” and the criteria to be utilized in implementing it, shall apply to each Section 112(d) standard for which the initial proposed rule is signed by the Administrator after June 30, 2002. Each relevant standard will define the term “new affected source,” which will be the same as the “affected source” unless a different collection is warranted based on consideration of factors including:
“New source” means any affected source the construction or reconstruction of which is commenced after the Administrator first proposes a relevant emission standard under 40 CFR Part 63 establishing an emission standard applicable to such source.
“One-hour period”, unless otherwise defined in an applicable subpart of 40 CFR Part 63 or a section of this regulation, means any 60-minute period commencing on the hour.
“Opacity” means the degree to which emissions reduce the transmission of light and obscure the view of an object in the background. For COMS, opacity means the fraction of incident light that is attenuated by an optical medium.
“Owner or operator” means any person who owns, leases, operates, controls, or supervises a stationary source.
“Performance audit” means a procedure to analyze blind samples, the content of which is known by the Administrator or the Department, simultaneously with the analysis of performance test samples in order to provide a measure of test data quality.
“Performance evaluation” means the conduct of relative accuracy testing, calibration error testing, and other measurements used in validating the CMS data.
“Performance test” means the collection of data resulting from the execution of a test method (usually three emission test runs) used to demonstrate compliance with a relevant emission standard as specified in the performance test section of the relevant standard.
“Permit modification” means a change to a Title V permit as defined in 7 DE Admin. Code 1130.
“Permit program” means the comprehensive State operating permit system established under 7 DE Admin. Code 1130.
“Permit revision” means any permit modification or administrative permit amendment to a Title V permit as defined in 7 DE Admin. Code 1130.
“Permitting authority” means the Department.
“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 stationary 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.
“Reconstruction”, unless otherwise defined in a relevant standard, means the replacement of components of an affected or a previously nonaffected source to such an extent that:
“Regulation promulgation schedule” means the schedule for the promulgation of emission standards under 40 CFR Part 63, established by the Administrator pursuant to Section 112(e) of the Act and published in the Federal Register.
“Relevant standard” means:
“Responsible official” means one of the following:
“Run” means one of a series of emission or other measurements needed to determine emissions for a representative operating period or cycle as specified in this regulation.
“Shutdown” means the cessation of operation of an affected source or portion of an affected source for any purpose.
“Six-minute period” means, with respect to opacity determinations, any one of the 10 equal parts of a one-hour period.
“Standard conditions” means a temperature of 293oK (68oF) and a pressure of 101.3 kilopascals (29.92 in. Hg).
“Startup” means the setting in operation of an affected source or portion of an affected source for any purpose.
“State” shall have its conventional meaning.
“Stationary source” means any building, structure, facility, or installation which emits or may emit any air pollutant.
“Test method” means the validated procedure for sampling, preparing, and analyzing for an air pollutant specified in a relevant standard as the performance test procedure. The test method may include methods described in an appendix of Chapter I of Title 40, test methods incorporated by reference in 40 CFR Part 63 or this regulation, or methods validated for an application through procedures in Method 301 in Appendix A of 40 CFR Part 63.
“Title V permit” means any permit issued, renewed, or revised pursuant to 7 DE Admin. Code 1130.
“Visible emission” means the observation of an emission of opacity or optical density above the threshold of vision.
“Working day” means any day on which State government offices are open for normal business. Saturdays, Sundays, and official State holidays are not working days.
3.3 Units and abbreviations.
Used in 40 CFR Part 63 and this regulation are abbreviations and symbols of units of measure. These are defined as follows:
3.3.1 System International (SI) units of measure:
A = ampere
g = gram
Hz = hertz
J = joule
oK = degree Kelvin
kg = kilogram
l = liter
m = meter
m3 = cubic meter
mg = milligram = 10-3 gram
ml = milliliter = 10-3 liter
mm = millimeter = 10-3 meter
Mg = megagram = 106 gram = metric ton
MJ = megajoule
mol = mole
N = Newton
ng = nanogram = 10-9 gram
nm = nanometer = 10-9 meter
Pa = pascal
s = second
V = volt
W = watt
= ohm
g = microgram = 10-6 gram
l = microliter = 10-6 liter
3.3.2 Other units of measure:
Btu = British thermal unit
oC = degree Celsius (centigrade)
cal = calorie
cfm = cubic feet per minute
cc = cubic centimeter
cu ft = cubic feet
d = day
dcf = dry cubic feet
dcm = dry cubic meter
dscf = dry cubic feet at standard conditions
dscm = dry cubic meter at standard conditions
eq = equivalent
oF = degree Fahrenheit
ft = feet
ft2 = square feet
ft3 = cubic feet
gal = gallon
gr = grain
g‑eq = gram equivalent
g‑mole = gram mole
hr = hour
in. = inch
in. H2O = inches of water
K = 1,000
kcal = kilocalorie
lb = pound
lpm = liter per minute
meq = milliequivalent
min = minute
MW = molecular weight
oz = ounces
ppb = parts per billion
ppbw = parts per billion by weight
ppbv = parts per billion by volume
ppm = parts per million
ppmw = parts per million by weight
ppmv = parts per million by volume
psia = pounds per square inch absolute
psig = pounds per square inch gage
oR = degree Rankine
scf = cubic feet at standard conditions
scfh = cubic feet at standard conditions per hour
scm = cubic meter at standard conditions
scmm = cubic meter at standard conditions per minute
sec = second
sq ft = square feet
std = at standard conditions
v/v = volume per volume
yd2 = square yards
yr = year
3.3.3 Miscellaneous:
act = actual
avg = average
I.D. = inside diameter
M = molar
N = normal
O.D. = outside diameter
% = percent
3.4 Prohibited activities and circumvention.
3.4.1 Prohibited activities.
3.4.1.1 No owner or operator subject to the provisions of this regulation shall operate any affected source in violation of the requirements of 40 CFR Part 63 or this regulation. Affected sources subject to and in compliance with either an extension of compliance or an exemption from compliance are not in violation of the requirements of 40 CFR Part 63 or this regulation. An extension of compliance can be granted by the Administrator under 40 CFR Part 63; by the Department under 3.6.9.1 of this regulation; or by the President under Section 112(i)(4) of the Act.
3.4.1.2 No owner or operator subject to the provisions of this regulation shall fail to keep records, notify, report, or revise reports as required under 40 CFR Part 63 or this regulation.
3.4.1.3 [Reserved]
3.4.1.4 [Reserved]
3.4.1.5 [Reserved]
3.4.2 Circumvention.
No owner or operator subject to the provisions of this regulation shall build, erect, install, or use any article, machine, equipment, or process to conceal an emission that would otherwise constitute noncompliance with a relevant standard. Such concealment includes, but is not limited to-
3.4.2.1 The use of diluents to achieve compliance with a relevant standard based on the concentration of a pollutant in the effluent discharged to the atmosphere and
3.4.2.2 The use of gaseous diluents to achieve compliance with a relevant standard for visible emissions.
3.4.2.3 [Reserved]
3.4.3 Fragmentation.
Fragmentation after November 15, 1990 which divides ownership of an operation, within the same facility among various owners where there is no real change in control, will not affect applicability. The owner and operator shall not use fragmentation or phasing of reconstruction activities (i.e., intentionally dividing reconstruction into multiple parts for purposes of avoiding new source requirements) to avoid becoming subject to new source requirements.
3.5 Preconstruction review and notification requirements.
3.5.1 Applicability.
3.5.1.1 The provisions of 3.5 of this regulation implement the preconstruction review requirements of Section 112(i)(1) of the Act. After the effective date of a relevant standard, promulgated pursuant to Section 112(d), (f), or (h) of the Act, under 40 CFR Part 63, the preconstruction review requirements in 3.5 apply to the owner or operator of new affected sources and reconstructed affected sources that are major-emitting as specified in 3.5 of this regulation. New and reconstructed affected sources that commence construction or reconstruction before the effective date of a relevant standard are not subject to the preconstruction review requirements specified in 3.5.2.3, 3.5.4, and 3.5.5 of this regulation.
3.5.1.2 The provisions of 3.5 of this regulation include notification requirements for new affected sources and reconstructed affected sources that are not major-emitting affected sources and that are or become subject to a relevant promulgated emission standard after the effective date of a relevant standard promulgated under 40 CFR Part 63.
3.5.2 Requirements for existing, newly constructed, and reconstructed sources.
3.5.2.1 A new affected source for which construction commences after proposal of a relevant standard is subject to relevant standards for new affected sources, including compliance dates. An affected source for which reconstruction commences after proposal of a relevant standard is subject to relevant standards for new sources, including compliance dates, irrespective of any change in emissions of hazardous air pollutants from that source.
3.5.2.2 [Reserved]
3.5.2.3 After the effective date of any relevant standard promulgated by the Administrator under 40 CFR Part 63, no person may, without obtaining written approval in advance from the Department in accordance with the procedures specified in 3.5.4 and 3.5.5 of this regulation, do any of the following:
3.5.2.3.1 Construct a new affected source that is major-emitting and subject to such standard;
3.5.2.3.2 Reconstruct an affected source that is major-emitting and subject to such standard; or
3.5.2.3.3 Reconstruct a source such that the source becomes an affected source that is major-emitting and subject to the standard.
3.5.2.4 After the effective date of any relevant standard promulgated by the Administrator under 40 CFR Part 63, an owner or operator who constructs a new affected source that is not major-emitting or reconstructs an affected source that is not major-emitting that is subject to such standard, or reconstructs a source such that the source becomes an affected source subject to the standard, shall notify the Department of the intended construction or reconstruction. The notification shall be submitted in accordance with the procedures in 3.9.2 of this regulation.
3.5.2.5 [Reserved]
3.5.2.6 After the effective date of any relevant standard promulgated by the Administrator under 40 CFR Part 63, equipment added (or a process change) to an affected source that is within the scope of the definition of affected source under the relevant standard shall be considered part of the affected source and subject to all provisions of the relevant standard established for that affected source.
3.5.3 [Reserved]
3.5.4 Application for approval of construction or reconstruction.
The provisions in 3.5.4 of this regulation implement Section 112(i)(1) of the Act.
3.5.4.1 General application requirements.
3.5.4.1.1 An owner or operator who is subject to the requirements in 3.5.2.3 of this regulation shall submit to the Department an application for approval of the construction or reconstruction. The application shall be submitted as soon as practicable before actual construction or reconstruction begins. The application for approval of construction or reconstruction may be used to fulfill the initial notification requirements in 3.9.2.5 of this regulation. The owner or operator may submit the application for approval well in advance of the date actual construction or reconstruction begins in order to ensure a timely review by the Department and that the planned date to begin will not be delayed.
3.5.4.1.2 A separate application shall be submitted for each construction or reconstruction. Each application for approval of construction or reconstruction shall include at a minimum:
3.5.4.1.2.1 The applicant’s name and address;
3.5.4.1.2.2 A notification of intention to construct a new major affected source or make any physical or operational change to a major affected source that may meet or has been determined to meet the criteria for a reconstruction, as defined in 3.2 of this regulation or in the relevant standard;
3.5.4.1.2.3 The address (i.e., physical location) or proposed address of the source;
3.5.4.1.2.4 An identification of the relevant standard that is the basis of the application;
3.5.4.1.2.5 The expected date of the beginning of actual construction or reconstruction;
3.5.4.1.2.6 The expected completion date of the construction or reconstruction;
3.5.4.1.2.7 The anticipated date of (initial) startup of the source;
3.5.4.1.2.8 The type and quantity of hazardous air pollutants emitted by the source, reported in units and averaging times and in accordance with the test methods specified in the relevant standard, or if actual emissions data are not yet available, an estimate of the type and quantity of hazardous air pollutants expected to be emitted by the source reported in units and averaging times specified in the relevant standard. The owner or operator may submit percent reduction information if a relevant standard is established in terms of percent reduction. However, operating parameters, such as flow rate, shall be included in the submission to the extent that they demonstrate performance and compliance; and
3.5.4.1.2.9 [Reserved]
3.5.4.1.2.10 Other information as specified in 3.5.4.2 and 3.5.4.3 of this regulation.
3.5.4.1.3 An owner or operator who submits estimates or preliminary information in place of the actual emissions data and analysis required in 3.5.4.1.2.8 and 3.5.4.2 of this regulation shall submit the actual, measured emissions data and other correct information as soon as available but no later than with the notification of compliance status required in 3.9.8 of this regulation (see 3.9.8.5 of this regulation).
3.5.4.2 Application for approval of construction
Each application for approval of construction shall include, in addition to the information required in 3.5.4.1.2 of this regulation, technical information describing the proposed nature, size, design, operating design capacity, and method of operation of the source, including an identification of each type of emission point for each type of hazardous air pollutant that is emitted (or could reasonably be anticipated to be emitted) and a description of the planned air pollution control system (equipment or method) for each emission point. The description of the equipment to be used for the control of emissions shall include each control device for each hazardous air pollutant and the estimated control efficiency (percent) for each control device. The description of the method to be used for the control of emissions shall include an estimated control efficiency (percent) for that method. Such technical information shall include calculations of emission estimates in sufficient detail to permit assessment of the validity of the calculations.
3.5.4.3 Application for approval of reconstruction.
Each application for approval of reconstruction shall include, in addition to the information required in 3.5.4.1.2 of this regulation
3.5.4.3.1 A brief description of the affected source and the components that are to be replaced;
3.5.4.3.2 A description of present and proposed emission control systems (i.e., equipment or methods). The description of the equipment to be used for the control of emissions shall include each control device for each hazardous air pollutant and the estimated control efficiency (percent) for each control device. The description of the method to be used for the control of emissions shall include an estimated control efficiency (percent) for that method. Such technical information shall include calculations of emission estimates in sufficient detail to permit assessment of the validity of the calculations;
3.5.4.3.3 An estimate of the fixed capital cost of the replacements and of constructing a comparable entirely new source;
3.5.4.3.4 The estimated life of the affected source after the replacements; and
3.5.4.3.5 A discussion of any economic or technical limitations the source may have in complying with relevant standards or other requirements after the proposed replacements. The discussion shall be sufficiently detailed to demonstrate to the Department’s satisfaction that the technical or economic limitations affect the source’s ability to comply with the relevant standard and how they do so.
3.5.4.3.6 If in the application for approval of reconstruction the owner or operator designates the affected source as a reconstructed source and declares that there are no economic or technical limitations to prevent the source from complying with all relevant standards or other requirements, the owner or operator need not submit the information required in 3.5.4.3.3 through 3.5.4.3.5 of this regulation.
3.5.4.4 Additional information
The Department may request additional relevant information after the submittal of an application for approval of construction or reconstruction.
3.5.5 Approval of construction or reconstruction.
3.5.5.1 Determination
3.5.5.1.1 If the Department determines that, if properly constructed, or reconstructed, and operated, a new or existing source for which an application under 3.5.4 of this regulation was submitted will not cause emissions in violation of the relevant standards and any other federally enforceable requirements, the Department will approve the construction or reconstruction.
3.5.5.1.2 In addition, in the case of reconstruction, the Department’s determination under 3.5.5 of this regulation will be based on:
3.5.5.1.2.1 The fixed capital cost of the replacements in comparison to the fixed capital cost that would be required to construct a comparable entirely new source;
3.5.5.1.2.2 The estimated life of the source after the replacements compared to the life of a comparable entirely new source;
3.5.5.1.2.3 The extent to which the components being replaced cause or contribute to the emissions from the source; and
3.5.5.1.2.4 Any economic or technical limitations on compliance with relevant standards that are inherent in the proposed replacements.
3.5.5.2 Notification
3.5.5.2.1 The Department will notify the owner or operator in writing of approval or intention to deny approval of construction or reconstruction within 60 calendar days after receipt of sufficient information to evaluate an application submitted under 3.5.4 of this regulation. The 60-day approval or denial period will begin after the owner or operator has been notified in writing that the owner or operator’s application is complete. The Department will notify the owner or operator in writing of the status of the owner or operator’s application, that is, whether the application contains sufficient information to make a determination, within 30 calendar days after receipt of the original application and within 30 calendar days after receipt of any supplementary information that is submitted.
3.5.5.2.2 When notifying the owner or operator that the owner or operator’s application is not complete, the Department will specify the information needed to complete the application and provide notice of opportunity for the applicant to present, in writing, within 30 calendar days after the owner or operator is notified of the incomplete application, additional information or arguments to the Department to enable further action on the application.
3.5.5.3 Before denying any application for approval of construction or reconstruction, the Department will notify the applicant of the Department’s intention to issue the denial together with--
3.5.5.3.1 Notice of the information and findings on which the intended denial is based and
3.5.5.3.2 Notice of opportunity for the applicant to present, in writing, within 30 calendar days after the owner or operator is notified of the intended denial, additional information or arguments to the Department to enable further action on the application.
3.5.5.4 A final determination to deny any application for approval will be in writing and will specify the grounds on which the denial is based. The final determination will be made within 60 calendar days of presentation of additional information or arguments (if the application is complete), or within 60 calendar days after the final date specified for presentation if no presentation is made.
3.5.5.5 Neither the submission of an application for approval nor the Department’s approval of construction or reconstruction shall--
3.5.5.5.1 Relieve an owner or operator of legal responsibility for compliance with any applicable provisions of 40 CFR Part 63 or this regulation or with any other applicable Federal, State, or local requirement, including, but not limited to the requirement to obtain construction permits under 7 DE Admin. Code 1102 or 1125, before commencing construction or reconstruction or
3.5.5.5.2 Prevent the Administrator from implementing or enforcing 40 CFR Part 63 or taking any other action under the Act or the Department from implementing or enforcing this regulation or taking any other action under 7 Del.C., Ch 60.
3.5.6 Approval of construction or reconstruction based on prior State preconstruction review.
3.5.6.1 Preconstruction review procedures under 7 DE Admin. Code 1102 or 1125, may be utilized for purposes of 3.0 of this regulation. The Department will approve an application for construction or reconstruction specified in 3.5.2.3 and 3.5.4 of this regulation if the owner or operator of a new affected source or reconstructed affected source, who is subject to such requirement meets the following condition:
3.5.6.1.1 The owner or operator of the new affected source or reconstructed affected source has undergone a preconstruction review and approval process and has received a federally enforceable construction permit that contains a finding that the source will meet the relevant promulgated emission standard, if the source is properly built and operated.
3.5.6.1.2 [Reserved]
3.5.6.1.3 [Reserved]
3.5.6.1.4 [Reserved]
3.5.6.2 The owner or operator shall submit to the Department the request for approval of construction or reconstruction under 3.5.6.2 of this regulation no later than the application deadline specified in 3.5.4.1 of this regulation (see also 3.9.2.2 of this regulation). The owner or operator shall include in the request information sufficient for the Department’s determination. The Department will evaluate the owner or operator’s request in accordance with the procedures specified in 3.5.5 of this regulation. The Department may request additional relevant information after the submittal of a request for approval of construction or reconstruction under 3.5.6.2 of this regulation.
3.6 Compliance with standards and maintenance requirements
3.6.1 Applicability.
3.6.1.1 The requirements in 3.6 of this regulation apply to the owner or operator of affected sources for which any relevant standard has been established pursuant to Section 112 of the Act and the applicability of such requirements is set out in accordance with 3.1.1.4 of this regulation unless--
3.6.1.1.1 The Administrator, under 40 CFR Part 63, or the Department, under 3.6.9 of this regulation, has granted an extension of compliance or
3.6.1.1.2 The President has granted an exemption from compliance with any relevant standard in accordance with Section 112(i)(4) of the Act.
3.6.1.2 If an area source that otherwise would be subject to an emission standard or other requirement established under 40 CFR Part 63 or this regulation if it were a major source subsequently increases its emissions of hazardous air pollutants (or its potential to emit hazardous air pollutants) such that the source is a major source, such source shall be subject to the relevant emission standard or other requirement.
3.6.2 Compliance dates for new and reconstructed sources
3.6.2.1 Except as specified in 2.6.2.3 and 3.6.2.4 of this regulation, the owner or operator of a new or reconstructed affected source for which construction or reconstruction commences after proposal of a relevant standard that has an initial startup before the effective date of a relevant standard established under 40 CFR Part 63 pursuant to Section 112(d), (f), or (h) of the Act shall comply with such standard not later than the standard’s effective date.
3.6.2.2 Except as specified in 3.6.2.3 and 3.6.2.4 of this regulation, the owner or operator of a new or reconstructed affected source that has an initial startup after the effective date of a relevant standard established under 40 CFR Part 63 pursuant to Section 112(d), (f), or (h) of the Act shall comply with such standard upon startup of the source.
3.6.2.3 The owner or operator of an affected source for which construction or reconstruction is commenced after the proposal date of a relevant standard established under 40 CFR Part 63 pursuant to Section 112(d), 112(f), or 112(h) of the Act but before the effective date (that is, promulgation) of such standard shall comply with the relevant emission standard not later than the date three years after the effective date if:
3.6.2.3.1 The promulgated standard (that is, the relevant standard) is more stringent than the proposed standard; for purposes of 3.6.2 of this regulation, a finding that controls or compliance methods are “more stringent” shall include control technologies or performance criteria and compliance or compliance assurance methods that are different but are substantially equivalent to those required by the promulgated rule, as determined by the Department and
3.6.2.3.2 The owner or operator complies with the standard as proposed during the three-year period immediately after the effective date.
3.6.2.4 The owner or operator of an affected source for which construction or reconstruction is commenced after the proposal date of a relevant standard established under 40 CFR Part 63 pursuant to Section 112(d) of the Act but before the proposal date of a relevant standard established pursuant to Section 112(f) of the Act shall not be required to comply with the Section 112(f) emission standard until the date 10 years after the date construction or reconstruction is commenced, except that, if the Section 112(f) standard is promulgated more than 10 years after construction or reconstruction is commenced, the owner or operator shall comply with the standard as provided in 3.6.2.1 and 3.6.2.2 of this regulation.
3.6.2.5 The owner or operator of a new source that is subject to the compliance requirements in 3.6.2.3 or 3.6.2.4 of this regulation shall notify the Department in accordance with 3.9.4 of this regulation.
3.6.2.6 [Reserved]
3.6.2.7 When an area source becomes a major source by the addition of equipment or operations that meet the definition of new affected source in the relevant standard, the portion of the existing facility that is a new affected source shall comply with all requirements of that standard applicable to new sources. The source owner or operator shall comply with the relevant standard upon startup.
3.6.3 Compliance dates for existing sources.
3.6.3.1 After the effective date of a relevant standard established under 40 CFR Part 63 pursuant to Section 112(d) or 112(h) of the Act, the owner or operator of an existing source shall comply with such standard by the compliance date established by the Administrator in the applicable subparts of 40 CFR Part 63. Except as otherwise provided for in Section 112 of the Act, in no case will the compliance date established for an existing source in an applicable subpart of 40 CFR Part 63 exceed three years after the effective date of such standard.
3.6.3.2 If an existing source is subject to a standard established under 40 CFR Part 63 pursuant to Section 112(f) of the Act, the owner or operator shall comply with the standard by the date 90 days after the standard’s effective date, or by the date specified in an extension granted to the source by the Administrator, under 40 CFR Part 63, or the Department, under 3.6.9.4.2 of this regulation, whichever is later.
3.6.3.3 [Reserved]
3.6.3.4 [Reserved]
3.6.3.5 Except as provided in 3.6.2.7 of this regulation, the owner or operator of an area source that increases its emissions of (or its potential to emit) hazardous air pollutants such that the source becomes a major source shall be subject to relevant standards for existing sources. Such sources shall comply by the date specified in the standards for existing area sources that become major sources. If no such compliance date is specified in the standards, the source shall have a period of time to comply with the relevant emission standard that is equivalent to the compliance period specified in the relevant standard for existing sources in existence at the time the standard becomes effective.
3.6.4 [Reserved]
3.6.5 Operation and maintenance requirements.
3.6.5.1 Operating and maintenance procedures.
3.6.5.1.1 At all times, including periods of startup, shutdown, or malfunction, the owner or operator shall operate and maintain any affected source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. During a period of startup, shutdown, or malfunction, this general duty to minimize emissions requires that the owner or operator reduce emissions from the affected source to the greatest extent which is consistent with safety and good air pollution control practices. The general duty to minimize emissions during a period of startup, shutdown, or malfunction does not require the owner or operator to achieve emission levels that would be required by the applicable standard at other times if this is not consistent with safety and good air pollution control practices, nor does it require the owner or operator to make any further efforts to reduce emissions if levels required by the applicable standard have been achieved. Determination of whether such operation and maintenance procedures are being used will be based on information available to the Department which may include, but is not limited to, monitoring results, review of operation and maintenance procedures (including the startup, shutdown, and malfunction plan required in 3.6.5.3 of this regulation), review of operation and maintenance records, and inspection of the source.
3.6.5.1.2 Malfunctions shall be corrected as soon as practicable after their occurrence in accordance with the startup, shutdown, and malfunction plan required in 3.6.5.3 of this regulation. To the extent that an unexpected event arises during a startup, shutdown, or malfunction, an owner or operator shall comply by minimizing emissions during such a startup, shutdown, or malfunction event consistent with safety and good air pollution control practices.
3.6.5.1.3 Operation and maintenance requirements established pursuant to Section 112 of the Act or this regulation are enforceable independent of emissions limitations or other requirements in relevant standards.
3.6.5.2 [Reserved]
3.6.5.3 Startup, shutdown, and malfunction plan.
3.6.5.3.1 The owner or operator of an affected source shall develop and implement a written startup, shutdown, and malfunction plan that describes, in detail, procedures for operating and maintaining the source during periods of startup, shutdown, or malfunction, and a program of corrective action for malfunctioning process and air pollution control and monitoring equipment used to comply with the relevant standard. This plan shall be developed by the owner or operator by the source’s compliance date for that relevant standard. The purpose of the startup, shutdown, and malfunction plan is to-
3.6.5.3.1.1 Ensure that, at all times, the owner or operator operates and maintains each affected source, including associated air pollution control and monitoring equipment, in a manner which satisfies the general duty to minimize emissions established in 3.6.5.1.1 of this regulation;
3.6.5.3.1.2 Ensure that the owner or operator is prepared to correct malfunctions as soon as practicable after their occurrence in order to minimize excess emissions of hazardous air pollutants; and
3.6.5.3.1.3 Reduce the reporting burden associated with periods of startup, shutdown, or malfunction (including corrective action taken to restore malfunctioning process and air pollution control and monitoring equipment to its normal or usual manner of operation).
3.6.5.3.2 During periods of startup, shutdown, or malfunction, the owner or operator of an affected source shall operate and maintain such source (including associated air pollution control and monitoring equipment) in accordance with the procedures specified in the startup, shutdown, and malfunction plan developed under 3.6.5.3.1 of this regulation.
3.6.5.3.3 When actions taken by the owner or operator during a startup, shutdown, or malfunction (including actions taken to correct a malfunction) are consistent with the procedures specified in the affected source’s startup, shutdown, and malfunction plan, the owner or operator shall keep records for that event which demonstrate that the procedures specified in the plan were followed. These records may take the form of a “checklist,” or other effective form of recordkeeping that confirms conformance with the startup, shutdown, and malfunction plan for that event. In addition, the owner or operator shall keep records of these events as specified in 3.10.2 of this regulation, including records of the occurrence and duration of each startup, shutdown, or malfunction of operation and each malfunction of the air pollution control and monitoring equipment. Furthermore, the owner or operator shall confirm that actions taken during the relevant reporting period during periods of startup, shutdown, or malfunction were consistent with the affected source’s startup, shutdown and malfunction plan in the semiannual (or more frequent) startup, shutdown, and malfunction report required in 3.10.4.5 of this regulation.
3.6.5.3.4 If an action taken by the owner or operator during a startup, shutdown, or malfunction (including an action taken to correct a malfunction) is not consistent with the procedures specified in the affected source’s startup, shutdown, and malfunction plan, and the source exceeds any applicable emission limitation in the relevant emission standard, then the owner or operator shall record the actions taken for that event and shall report such actions within two working days after commencing actions inconsistent with the plan, followed by a letter within seven working days after the end of the event, in accordance with 3.10.4.5 of this regulation (unless the owner or operator makes alternative reporting arrangements, in advance, with the Department).
3.6.5.3.5 The owner or operator shall maintain at the affected source a current startup, shutdown, and malfunction plan and shall make the plan available upon request for inspection and copying by the Department. In addition, if the startup, shutdown, and malfunction plan is subsequently revised as provided in 3.6.5.3.8 of this regulation, the owner or operator shall maintain at the affected source each previous (i.e., superseded) version of the startup, shutdown, and malfunction plan, and shall make each such previous version available for inspection and copying by the Department for a period of five years after revision of the plan. If at any time after adoption of a startup, shutdown, and malfunction plan the affected source ceases operation or is otherwise no longer subject to the provisions of a relevant standard, the owner or operator shall retain a copy of the most recent plan for five years from the date the source ceases operation or is no longer subject to the relevant standard and shall make the plan available upon request for inspection and copying by the Department. The Department may at any time request in writing that the owner or operator submit a copy of any startup, shutdown, and malfunction plan (or a portion thereof) which is maintained at the affected source or in the possession of the owner or operator. Upon receipt of such a request, the owner or operator shall promptly submit a copy of the requested plan (or a portion thereof) to the Department. The Department shall request that the owner or operator submit a particular startup, shutdown, and malfunction plan (or a portion thereof) whenever a member of the public submits a specific and reasonable request to examine or to receive a copy of that plan or portion of a plan. The owner or operator may elect to submit the required copy of any startup, shutdown, and malfunction plan to the Department in an electronic format. If the owner or operator claims that any portion of such a startup, shutdown, and malfunction plan is confidential business information entitled to protection from disclosure under Section 114(c) of the Act, 40 CFR 2.301, 7 Del.C., Ch 60, §6014, or 29 Del.C., Ch 100, §10002(d), the material which is claimed as confidential shall be clearly designated in the submission.
3.6.5.3.6 To satisfy the requirements in 3.6 of this regulation to develop a startup, shutdown, and malfunction plan, the owner or operator may use the affected source’s standard operating procedures (SOP) manual, or an Occupational Safety and Health Administration (OSHA) or other plan, provided the alternative plans meet all the requirements in 3.6 of this regulation and are made available for inspection or submitted when requested by the Department.
3.6.5.3.7 Based on the results of a determination made under 3.6.5.1.1 of this regulation, the Department may require that an owner or operator of an affected source make changes to the startup, shutdown, and malfunction plan for that source. The Department shall require appropriate revisions to a startup, shutdown, and malfunction plan, if the Department finds that the plan:
3.6.5.3.7.1 Does not address a startup, shutdown, or malfunction event that has occurred;
3.6.5.3.7.2 Fails to provide for the operation of the source (including associated air pollution control and monitoring equipment) during a startup, shutdown, or malfunction event in a manner consistent with the general duty to minimize emissions established 3.6.5.1.1 of this regulation;
3.6.5.3.7.3 Does not provide adequate procedures for correcting malfunctioning process, air pollution control equipment, or monitoring equipment as quickly as practicable; or
3.6.5.3.7.4 Includes an event that does not meet the definitions of startup, shutdown, or malfunction listed in 3.2 of this regulation.
3.6.5.3.8 The owner or operator may periodically revise the startup, shutdown, and malfunction plan for the affected source as necessary to satisfy the requirements of a relevant standard or to reflect changes in equipment or procedures at the affected source. Unless the Department provides otherwise, the owner or operator may make such revisions to the startup, shutdown, and malfunction plan without prior approval by the Administrator or the Department. However, each such revision to a startup, shutdown, and malfunction plan shall be reported in the semiannual report required in 2.10.4.5 of this regulation. If the startup, shutdown, and malfunction plan fails to address or inadequately addresses an event that meets the characteristics of a malfunction but was not included in the startup, shutdown, and malfunction plan at the time the owner or operator developed the plan, the owner or operator shall revise the startup, shutdown, and malfunction plan within 45 days after the event to include detailed procedures for operating and maintaining the source during similar malfunction events and a program of corrective action for similar malfunctions of process or air pollution control and monitoring equipment. In the event that the owner or operator makes any revision to the startup, shutdown, and malfunction plan which alters the scope of the activities at the source which are deemed to be a startup, shutdown, or malfunction, or otherwise modifies the applicability of any emission limit, work practice requirement, or other requirement in a standard established under 40 CFR Part 63 or this regulation, the revised plan shall not take effect until after the owner or operator has provided a written notice describing the revision to the Department.
3.6.5.3.9 The Title V permit for an affected source shall require that the owner or operator adopt a startup, shutdown, and malfunction plan which conforms to the provisions of this regulation, and that the owner or operator operate and maintain the source in accordance with the procedures specified in the current startup, shutdown, and malfunction plan. However, any revisions made to the startup, shutdown, and malfunction plan in accordance with the procedures established by this regulation shall not be deemed to constitute permit revisions under 7 DE Admin. Code 1130. Moreover, none of the procedures specified by the startup, shutdown, and malfunction plan for an affected source shall be deemed to fall within the permit shield provision in Section 504(f) of the Act.
3.6.6 Compliance with non-opacity emission standards--
3.6.6.1 Applicability.
The non-opacity emission standards set forth in 40 CFR Part 63 or this regulation shall apply at all times except during periods of startup, shutdown, or malfunction, and as otherwise specified in an applicable subpart of 40 CFR Part 63 or section in this regulation. If a startup, shutdown, or malfunction of one portion of an affected source does not affect the ability of particular emission points within other portions of the affected source to comply with the non-opacity emission standards set forth in 40 CFR Part 63 or this regulation, then that emission point shall still be required to comply with the non-opacity emission standards and other applicable requirements.
3.6.6.2 Methods for determining compliance.
3.6.6.2.1 The Department will determine compliance with non-opacity emission standards in 40 CFR Part 63 or this regulation based on the results of performance tests conducted according to the procedures in 3.7 of this regulation, unless otherwise specified in an applicable subpart of 40 CFR Part 63 or section in this regulation.
3.6.6.2.2 The Department will determine compliance with non-opacity emission standards in 40 CFR Part 63 or this regulation by evaluation of an owner or operator’s conformance with operation and maintenance requirements, including the evaluation of monitoring data, as specified in 3.6.5 of this regulation and applicable subparts of 40 CFR Part 63 or sections in this regulation.
3.6.6.2.3 If an affected source conducts performance testing at startup to obtain an approved operating permit under 7 DE Admin. Codes 1102, 1125 or 1130, the results of such testing may be used to demonstrate compliance with a relevant standard if--
3.6.6.2.3.1 The performance test was conducted within a reasonable amount of time before an initial performance test is required to be conducted under the relevant standard;
3.6.6.2.3.2 The performance test was conducted under representative operating conditions for the source;
3.6.6.2.3.3 The performance test was conducted and the resulting data were reduced using EPA-approved test methods and procedures, as specified in 3.7.5 of this regulation; and
3.6.6.2.3.4 The performance test was appropriately quality-assured, as specified in 3.7.3 of this regulation.
3.6.6.2.4 The Department will determine compliance with design, equipment, work practice, or operational emission standards in 40 CFR Part 63 or this regulation by review of records, inspection of the source, and other procedures specified in applicable subparts of 40 CFR Part 63 or sections in this regulation.
3.6.6.2.5 The Department will determine compliance with design, equipment, work practice, or operational emission standards in 40 CFR Part 63 or this regulation by evaluation of an owner or operator’s conformance with operation and maintenance requirements, as specified in 3.6.5 of this regulation and applicable subparts of 40 CFR Part 63 or sections in this regulation.
3.6.6.3 Finding of compliance.
The Department will make a finding concerning an affected source’s compliance with a non-opacity emission standard, as specified in 3.6.6.1 and 3.6.6.2 of this regulation, upon obtaining all the compliance information required by the relevant standard (including the written reports of performance test results, monitoring results, and other information, if applicable), and information available to the Department pursuant to 3.6.5.1.1 of this regulation.
3.6.7 Use of an alternative non-opacity emission standard.
3.6.7.1 If, in the Administrator’s judgment, an owner or operator of an affected source has established that an alternative means of emission limitation will achieve a reduction in emissions of a hazardous air pollutant from an affected source at least equivalent to the reduction in emissions of that pollutant from that source achieved under any design, equipment, work practice, or operational emission standard, or combination thereof, established under 40 CFR Part 63 pursuant to Section 112(h) of the Act, the Administrator will publish in the Federal Register a notice permitting the use of the alternative emission standard for purposes of compliance with the promulgated standard. That Federal Register notice shall be published only after the public is notified and given the opportunity to comment. Such notice will restrict the permission to the stationary sources or categories of sources from which the alternative emission standard will achieve equivalent emission reductions. The Administrator will condition permission in such notice on requirements to assure the proper operation and maintenance of equipment and practices required for compliance with the alternative emission standard and other requirements, including appropriate quality assurance and quality control requirements, that are deemed necessary.
3.6.7.2 An owner or operator requesting permission under 3.6.7 of this regulation shall, unless otherwise specified in an applicable subpart, submit to the Administrator (with copy to the Department) a proposed test plan or the results of testing and monitoring in accordance with 3.7 and 3.8 of this regulation, a description of the procedures followed in testing or monitoring, and a description of pertinent conditions during testing or monitoring. Any testing or monitoring conducted to request permission to use an alternative non-opacity emission standard shall be appropriately quality assured and quality controlled, as specified in 3.7 and 3.8 of this regulation.
3.6.7.3 The Administrator may establish general procedures in an applicable subpart that accomplish the requirements 3.6.7.1 and 3.6.7.2 of this regulation.
3.6.8 Compliance with opacity and visible emission standards--
3.6.8.1 Applicability.
The opacity and visible emission standards set forth in this regulation shall apply at all times except during periods of startup, shutdown, or malfunction, and as otherwise specified in an applicable subpart of 40 CFR Part 63 or section in this regulation. If a startup, shutdown, or malfunction of one portion of an affected source does not affect the ability of particular emission points within other portions of the affected source to comply with the opacity and visible emission standards set forth in 40 CFR Part 63 or this regulation, then that emission point shall still be required to comply with the opacity and visible emission standards and other applicable requirements.
3.6.8.2 Methods for determining compliance.
3.6.8.2.1 The Department will determine compliance with opacity and visible emission standards in 40 CFR Part 63 or this regulation based on the results of the test method specified in an applicable subpart of 40 CFR Part 63 or section in this regulation. Whenever a COMS is required to be installed to determine compliance with numerical opacity emission standards in 40 CFR Part 63 or this regulation, compliance with opacity emission standards shall be determined by using the results from the COMS. Whenever an opacity emission test method is not specified, compliance with opacity emission standards shall be determined by conducting observations in accordance with Method 9 in Appendix A of 40 CFR Part 60 or the method specified in 3.6.8.7.2 of this regulation. Whenever a visible emission test method is not specified, compliance with visible emission standards in 40 CFR Part 63 or this regulation shall be determined by conducting observations in accordance with Method 22 in Appendix A of 40 CFR Part 60.
3.6.8.2.2 [Reserved]
3.6.8.2.3 If an affected source undergoes opacity or visible emission testing at startup to obtain an operating permit, the results of such testing may be used to demonstrate compliance with a relevant standard if-
3.6.8.2.3.1 The opacity or visible emission test was conducted within a reasonable amount of time before a performance test is required to be conducted under the relevant standard;
3.6.8.2.3.2 The opacity or visible emission test was conducted under representative operating conditions for the source;
3.6.8.2.3.3 The opacity or visible emission test was conducted and the resulting data were reduced using EPA-approved test methods and procedures, as specified in 3.7.5 of this regulation; and
3.6.8.2.3.4 The opacity or visible emission test was appropriately quality-assured, as specified in 3.7.3 of this regulation.
3.6.8.3 [Reserved]
3.6.8.4 Notification of opacity or visible emission observations.
The owner or operator of an affected source shall notify the Department in writing of the anticipated date for conducting opacity or visible emission observations in accordance with 3.9.6 of this regulation, if such observations are required for the source by a relevant standard.
3.6.8.5 Conduct of opacity or visible emission observations.
When a relevant standard under 40 CFR Part 63 or this regulation includes an opacity or visible emission standard, the owner or operator of an affected source shall comply with the following:
3.6.8.5.1 For the purpose of demonstrating initial compliance, opacity or visible emission observations shall be conducted concurrently with the initial performance test required in 3.7 of this regulation unless one of the following conditions applies:
3.6.8.5.1.1 If no performance test under 3.7 of this regulation is required, opacity or visible emission observations shall be conducted within 60 days after achieving the maximum production rate at which a new or reconstructed source will be operated, but not later than 120 days after initial startup of the source, or within 120 days after the effective date of the relevant standard in the case of new sources that start up before the standard’s effective date. If no performance test under 3.7 of this regulation is required, opacity or visible emission observations shall be conducted within 120 days after the compliance date for an existing or modified source or
3.6.8.5.1.2 If visibility or other conditions prevent the opacity or visible emission observations from being conducted concurrently with the initial performance test required under 3.7 of this regulation, or within the time period specified in 3.6.8.5.1.1 of this regulation, the source’s owner or operator shall reschedule the opacity or visible emission observations as soon after the initial performance test, or time period, as possible, but not later than 30 days thereafter, and shall advise the Department of the rescheduled date. The rescheduled opacity or visible emission observations shall be conducted (to the extent possible) under the same operating conditions that existed during the initial performance test conducted under 3.7 of this regulation. The visible emissions observer shall determine whether visibility or other conditions prevent the opacity or visible emission observations from being made concurrently with the initial performance test in accordance with procedures contained in Method 9 or Method 22 in Appendix A of 40 CFR Part 60.
3.6.8.5.2 For the purpose of demonstrating initial compliance, the minimum total time of opacity observations shall be three hours (30 six-minute averages) for the performance test or other required set of observations (e.g., for fugitive-type emission sources subject only to an opacity emission standard).
3.6.8.5.3 The owner or operator of an affected source to which an opacity or visible emission standard in 40 CFR Part 63 or this regulation applies shall conduct opacity or visible emission observations in accordance with the provisions in 3.6 of this regulation, record the results of the evaluation of emissions, and report to the Department the opacity or visible emission results in accordance with the provisions in 3.10.4 of this regulation.
3.6.8.5.4 [Reserved]
3.6.8.5.5 Opacity readings of portions of plumes that contain condensed, uncombined water vapor shall not be used for purposes of determining compliance with opacity emission standards.
3.6.8.6 Availability of records
The owner or operator of an affected source shall make available, upon request by the Department, such records that the Department deems necessary to determine the conditions under which the visual observations were made and shall provide evidence indicating proof of current visible observer emission certification.
3.6.8.7 Use of a COMS
3.6.8.7.1 The owner or operator of an affected source required to use a COMS shall record the monitoring data produced during a performance test required under 3.7 of this regulation and shall furnish the Department a written report of the monitoring results in accordance with the provisions in 3.10.5.4 of this regulation.
3.6.8.7.2 Whenever an opacity emission test method has not been specified in an applicable subpart of 40 CFR Part 63 or section in this regulation, or an owner or operator of an affected source is required to conduct Method 9 observations (see Appendix A of 40 CFR Part 60), the owner or operator may submit, for compliance purposes, COMS data results produced during any performance test required under 3.7 of this regulation in lieu of Method 9 data. If the owner or operator elects to submit COMS data for compliance with the opacity emission standard, the owner or operator shall notify the Department of that decision, in writing, simultaneously with the notification under 3.7.2 of this regulation of the date the performance test is scheduled to begin. Once the owner or operator of an affected source has notified the Department to that effect, the COMS data results will be used to determine opacity compliance during subsequent performance tests required under 3.7 of this regulation, unless the owner or operator notifies the Department in writing to the contrary not later than with the notification under 3.7.2 of this regulation of the date the subsequent performance test is scheduled to begin.
3.6.8.7.3 For the purposes of determining compliance with the opacity emission standard during a performance test required under 3.7 of this regulation using COMS data, the COMS data shall be reduced to six-minute averages over the duration of the mass emission performance test.
3.6.8.7.4 The owner or operator of an affected source using a COMS for compliance purposes is responsible for demonstrating that the owner or operator has complied with the performance evaluation requirements 3.8.5 of this regulation that the COMS has been properly maintained, operated, and data quality-assured, as specified in 3.8.3 and 3.8.4 of this regulation, and that the resulting data have not been altered in any way.
3.6.8.7.5 Except as provided in 3.6.8.7.2 of this regulation, the results of continuous monitoring by a COMS that indicate that the opacity at the time visual observations were made was not in excess of the emission standard are probative but not conclusive evidence of the actual opacity of an emission, provided that the affected source proves that, at the time of the alleged violation, the instrument used was properly maintained, as specified in 3.8.3 of this regulation, and met Performance Specification 1 in Appendix B of 40 CFR Part 60, and that the resulting data have not been altered in any way.
3.6.8.8 Finding of compliance
The Department will make a finding concerning an affected source’s compliance with an opacity or visible emission standard upon obtaining all the compliance information required by the relevant standard (including the written reports of the results of the performance tests required in 3.7 of this regulation, the results of Method 9 or another required opacity or visible emission test method, the observer certification required in 3.6.8.6 of this regulation, and the COMS results, whichever is/are applicable) and any information available to the Department needed to determine whether proper operation and maintenance practices are being used.
3.6.8.9 Adjustment to an opacity emission standard.
3.6.8.9.1 If the Department finds under 3.6.8.8 of this regulation that an affected source is in compliance with all relevant standards for which initial performance tests were conducted under 3.7 of this regulation, but during the time such performance tests were conducted fails to meet any relevant opacity emission standard, the owner or operator of such source may petition the Administrator (with copy to the Department) to make appropriate adjustment to the opacity emission standard for the affected source. Until the Administrator notifies the owner or operator of the appropriate adjustment, the relevant opacity emission standard remains applicable.
3.6.8.9.2 The Administrator may grant such a petition upon a demonstration by the owner or operator that--
3.6.8.9.2.1 The affected source and its associated air pollution control equipment were operated and maintained in a manner to minimize the opacity of emissions during the performance tests;
3.6.8.9.2.2 The performance tests were performed under the conditions established by the Administrator or the Department; and
3.6.8.9.2.3 The affected source and its associated air pollution control equipment were incapable of being adjusted or operated to meet the relevant opacity emission standard.
3.6.8.9.3 The Administrator will establish an adjusted opacity emission standard for the affected source meeting the above requirements at a level at which the source will be able, as indicated by the performance and opacity tests, to meet the opacity emission standard at all times during which the source is meeting the mass or concentration emission standard. The Administrator will promulgate the new opacity emission standard in the Federal Register.
3.6.8.9.4 After the Administrator promulgates an adjusted opacity emission standard for an affected source, the owner or operator of such source shall be subject to the new opacity emission standard, and the new opacity emission standard shall apply to such source during any subsequent performance tests.
3.6.9 Extension of compliance with emission standards
3.6.9.1 Until an extension of compliance has been granted by the Department under 3.6.9 of this regulation, the owner or operator of an affected source subject to the requirements in 3.6 of this regulation shall comply with all applicable requirements of 40 CFR Part 63 or this regulation.
3.6.9.2 Extension of compliance for early reductions and other reductions--
3.6.9.2.1 Early reductions
Pursuant to Section 112(i)(5) of the Act, if the owner or operator of an existing source demonstrates that the source has achieved a reduction in emissions of hazardous air pollutants in accordance with the provisions of Subpart D of 40 CFR Part 63, the Department will grant the owner or operator an extension of compliance with specific requirements of 40 CFR Part 63 or this regulation, as specified in Subpart D.
3.6.9.2.2 Other reductions.
Pursuant to Section 112(i)(6) of the Act, if the owner or operator of an existing source has installed best available control technology (BACT) (as defined in Section 169(3) of the Act) or technology required to meet a lowest achievable emission rate (LAER) (as defined in Section 171 of the Act) prior to the promulgation of an emission standard in 40 CFR Part 63 applicable to such source and the same pollutant (or stream of pollutants) controlled pursuant to the BACT or LAER installation, the Department will grant the owner or operator an extension of compliance with such emission standard that will apply until the date five years after the date on which such installation was achieved, as determined by the Department.
3.6.9.3 Request for extension of compliance.
The requirements for requests for an extension of compliance with a relevant standard under 40 CFR Part 63 or this regulation are provided in 3.6.9.4 through 3.6.9.7 of this regulation (except requests for an extension of compliance under 3.6.9.2.1 of this regulation will be handled through procedures specified in Subpart D of 40 CFR Part 63).
3.6.9.4 Request for extension procedures.
3.6.9.4.1 Request for standards established under Section 112(d).
3.6.9.4.1.1 The owner or operator of an existing source who is unable to comply with a relevant standard established under 40 CFR Part 63 pursuant to Section 112(d) of the Act may request that the Department grant an extension allowing the source up to one additional year to comply with the standard, if such additional period is necessary for the installation of controls. An additional extension of up to three years may be added for mining waste operations, if the one extension of compliance is insufficient to dry and cover mining waste in order to reduce emissions of any hazardous air pollutant. The owner or operator of an affected source who has requested an extension of compliance under 3.6.9.4 of this regulation and who is otherwise required to obtain a Title V permit shall apply for such permit or apply to have the source’s Title V permit revised to incorporate the conditions of the extension of compliance. The conditions of an extension of compliance granted under 3.6.9.4 will be incorporated into the affected source’s Title V permit according to the provisions of 7 DE Admin. Code 1130.
3.6.9.4.1.2 Any request under 3.6.9.4 of this regulation for an extension of compliance with a relevant standard shall be submitted in writing to the Department no later than 120 days prior to the affected source’s compliance date (as specified in 3.6.2 and 3.6.3 of this regulation), except as provided for in 3.6.9.4.1.3 of this regulation. Nonfrivolous requests submitted under 3.6.9.4 of this regulation will stay the applicability of the rule as to the emission points in question until such time as the request is granted or denied. A denial will be effective as of the date of denial. Emission standards established under 40 CFR Part 63 or this regulation may specify alternative dates for the submittal of requests for an extension of compliance if alternatives are appropriate for the source categories affected by those standards.
3.6.9.4.1.3 An owner or operator may submit a compliance extension request after the date specified in 3.6.9.4.1.2 of this regulation provided the need for the compliance extension arose after that date, and before the otherwise applicable compliance date and the need arose due to circumstances beyond reasonable control of the owner or operator. This request shall include, in addition to the information required in 3.6.9.6.1 of this regulation, a statement of the reasons additional time is needed and the date when the owner or operator first learned of the problems. Nonfrivolous requests submitted under 3.6.9.4 of this regulation will stay the applicability of the rule as to the emission points in question until such time as the request is granted or denied. A denial will be effective as of the original compliance date.
3.6.9.4.2 The owner or operator of an existing source unable to comply with a relevant standard established under 40 CFR Part 63 pursuant to Section 112(f) of the Act may request that the Department grant an extension allowing the source up to two years after the standard’s effective date to comply with the standard. The Department may grant such an extension if it finds that such additional period is necessary for the installation of controls and that steps will be taken during the period of the extension to assure that the health of persons will be protected from imminent endangerment. Any request for an extension of compliance with a relevant standard under 3.6.9.4.2 of this regulation shall be submitted in writing to the Department not later than 90 calendar days after the effective date of the relevant standard.
3.6.9.5 The owner or operator of an existing source that has installed BACT or technology required to meet LAER (as specified in 3.6.9.2.2 of this regulation) prior to the promulgation of a relevant emission standard in 40 CFR Part 63 may request that the Department grant an extension allowing the source five years from the date on which such installation was achieved, as determined by the Department, to comply with the standard. Any request for an extension of compliance with a relevant standard under 3.6.9.5 of this regulation shall be submitted in writing to the Department not later than 120 days after the promulgation date of the standard. The Department may grant such an extension if it finds that the installation of BACT or technology to meet LAER controls the same pollutant (or stream of pollutants) that would be controlled at that source by the relevant emission standard.
3.6.9.6 Request information requirements.
3.6.9.6.1 The request for a compliance extension under 3.6.9.4 of this regulation shall include the following information:
3.6.9.6.1.1 A description of the controls to be installed to comply with the standard;
3.6.9.6.1.2 A compliance schedule, including the date by which each step toward compliance will be reached. At a minimum, the list of dates shall include:
3.6.9.6.1.2.1 The date by which on-site construction, installation of emission control equipment, or a process change is planned to be initiated;
3.6.9.6.1.2.2 [Reserved]
3.6.9.6.1.2.3 The date by which on-site construction, installation of emission control equipment, or a process change is to be completed; and
3.6.9.6.1.2.4 The date by which final compliance is to be achieved.
3.6.9.6.1.3 [Reserved]
3.6.9.6.1.4 [Reserved]
3.6.9.6.2 The request for a compliance extension under 3.6.9.5 of this regulation shall include all information needed to demonstrate to the Department’s satisfaction that the installation of BACT or technology to meet LAER controls the same pollutant (or stream of pollutants) that would be controlled at that source by the relevant emission standard.
3.6.9.7 Advice on requesting an extension of compliance may be obtained from the Department.
3.6.9.8 Approval of request for extension of compliance.
The provisions for approval of an extension of compliance requested under 3.6.9.4 through 3.6.9.6 of this regulation are provided in 3.6.9.9 through 3.6.9.14 of this regulation.
3.6.9.9 Based on the information provided in any request made under 3.6.9.4 through 3.6.9.6 of this regulation, or other information, the Department may grant an extension of compliance with an emission standard, as specified in 3.6.9.4 and 3.6.9.5 of this regulation.
3.6.9.10 The extension will be in writing and will--
3.6.9.10.1 Identify each affected source covered by the extension;
3.6.9.10.2 Specify the termination date of the extension;
3.6.9.10.3 Specify the dates by which steps toward compliance are to be taken, if appropriate;
3.6.9.10.4 Specify other applicable requirements to which the compliance extension applies (e.g., performance tests); and
3.6.9.10.5 Other conditions.
3.6.9.10.5.1 Under 3.6.9.4 of this regulation, specify any additional conditions that the Department deems necessary to assure installation of the necessary controls and protection of the health of persons during the extension period or
3.6.9.10.5.2 Under 3.6.9.5 of this regulation, specify any additional conditions that the Department deems necessary to assure the proper operation and maintenance of the installed controls during the extension period.
3.6.9.11 The owner or operator of an existing source that has been granted an extension of compliance under 3.6.9.10 of this regulation may be required to submit to the Department progress reports indicating whether the steps toward compliance outlined in the compliance schedule have been reached. The contents of the progress reports and the dates by which they shall be submitted will be specified in the written extension of compliance granted under 3.6.9.10 of this regulation.
3.6.9.12 Notifications for requests under 3.6.9.4.1 or 3.6.9.5 of this regulation.
3.6.9.12.1 The Department will notify the owner or operator in writing of approval or intention to deny approval of a request for an extension of compliance within 30 calendar days after receipt of sufficient information to evaluate a request submitted under 3.6.9.4.1 or 3.6.9.5 of this regulation. The Department will notify the owner or operator in writing of the status of the owner or operator’s application, that is, whether the application contains sufficient information to make a determination, within 30 calendar days after receipt of the original application and within 30 calendar days after receipt of any supplementary information that is submitted. The 30-day approval or denial period will begin after the owner or operator has been notified in writing that the owner or operator’s application is complete.
3.6.9.12.2 When notifying the owner or operator that the owner or operator’s application is not complete, the Department will specify the information needed to complete the application and provide notice of opportunity for the applicant to present, in writing, within 30 calendar days after the owner or operator is notified of the incomplete application, additional information or arguments to the Department to enable further action on the application.
3.6.9.12.3 Before denying any request for an extension of compliance, the Department will notify the owner or operator in writing of the Department’s intention to issue the denial, together with--
3.6.9.12.3.1 Notice of the information and findings on which the intended denial is based and
3.6.9.12.3.2 Notice of opportunity for the owner or operator to present in writing, within 15 calendar days after the owner or operator is notified of the intended denial, additional information or arguments to the Department before further action on the request.
3.6.9.12.4 The Department’s final determination to deny any request for an extension will be in writing and will set forth the specific grounds on which the denial is based. The final determination will be made within 30 calendar days after presentation of additional information or argument (if the application is complete), or within 30 calendar days after the final date specified for the presentation if no presentation is made.
3.6.9.13 Notifications for requests under 3.6.9.4.2 of this regulation
3.6.9.13.1 The Department will notify the owner or operator in writing of approval or intention to deny approval of a request for an extension of compliance within 30 calendar days after receipt of sufficient information to evaluate a request submitted under 3.6.9.4.2 of this regulation. The 30-day approval or denial period will begin after the owner or operator has been notified in writing that the owner or operator’s application is complete. The Department will notify the owner or operator in writing of the status of the owner or operator’s application, that is, whether the application contains sufficient information to make a determination, within 15 calendar days after receipt of the original application and within 15 calendar days after receipt of any supplementary information that is submitted.
3.6.9.13.2 When notifying the owner or operator that the owner or operator’s application is not complete, the Department will specify the information needed to complete the application and provide notice of opportunity for the applicant to present, in writing, within 15 calendar days after the owner or operator is notified of the incomplete application, additional information or arguments to the Department to enable further action on the application.
3.6.9.13.3 Before denying any request for an extension of compliance, the Department will notify the owner or operator in writing of the Department’s intention to issue the denial, together with--
3.6.9.13.3.1 Notice of the information and findings on which the intended denial is based and
3.6.9.13.3.2 Notice of opportunity for the owner or operator to present in writing, within 15 calendar days after the owner or operator is notified of the intended denial, additional information or arguments to the Department before further action on the request.
3.6.9.13.4 A final determination to deny any request for an extension will be in writing and will set forth the specific grounds on which the denial is based. The final determination will be made within 30 calendar days after presentation of additional information or argument (if the application is complete), or within 30 calendar days after the final date specified for the presentation if no presentation is made.
3.6.9.14 The Department may terminate an extension of compliance at an earlier date than specified if any specification under 3.6.9.10.3 or 3.6.9.10.4 of this regulation is not met. Upon a determination to terminate, the Department will notify, in writing, the owner or operator of the Department’s determination to terminate, together with:
3.6.9.14.1 Notice of the reason for termination and
3.6.9.14.2 Notice of opportunity for the owner or operator to present in writing, within 15 calendar days after the owner or operator is notified of the determination to terminate, additional information or arguments to the Department before further action on the termination.
3.6.9.14.3 A final determination to terminate an extension of compliance will be in writing and will set forth the specific grounds on which the termination is based. The final determination will be made within 30 calendar days after presentation of additional information or arguments, or within 30 calendar days after the final date specified for the presentation if no presentation is made.
3.6.9.15 [Reserved]
3.6.9.16 The granting of an extension under 3.6.9 of this regulation shall not abrogate the Administrator’s authority under Section 114 of the Act or the Department’s authority under 7 Del.C., Ch 60.
3.6.10 Exemption from compliance with emission standards
The President may exempt any stationary source from compliance with any relevant standard established pursuant to Section 112 of the Act for a period of not more than two years if the President determines that the technology to implement such standard is not available and that it is in the national security interests of the United States to do so. An exemption under 3.6.10 of this regulation may be extended for one or more additional periods, each period not to exceed two years.
3.7 Performance testing requirements
3.7.1 Applicability and performance test dates.
3.7.1.1 The applicability of 3.7 of this regulation is set out in 3.1.1.4 of this regulation.
3.7.1.2 If required to do performance testing by a relevant standard, and unless a waiver of performance testing is obtained under 3.7 of this regulation or the conditions in 3.7.3.3.2.2 of this regulation apply, the owner or operator of the affected source shall perform such tests within 180 days of the compliance date for such source.
3.7.1.2.1 [Reserved]
3.7.1.2.2 [Reserved]
3.7.1.2.3 [Reserved]
3.7.1.2.4 [Reserved]
3.7.1.2.5 [Reserved]
3.7.1.2.6 [Reserved]
3.7.1.2.7 [Reserved]
3.7.1.2.8 When an emission standard promulgated under 40 CFR Part 63 is more stringent than the standard proposed (see 3.6.2.3 of this regulation), the owner or operator of a new or reconstructed source subject to that standard for which construction or reconstruction is commenced between the proposal and promulgation dates of the standard shall comply with performance testing requirements within 180 days after the standard’s effective date, or within 180 days after startup of the source, whichever is later. If the promulgated standard is more stringent than the proposed standard, the owner or operator may choose to demonstrate compliance with either the proposed or the promulgated standard. If the owner or operator chooses to comply with the proposed standard initially, the owner or operator shall conduct a second performance test within three years and 180 days after the effective date of the standard, or after startup of the source, whichever is later, to demonstrate compliance with the promulgated standard.
3.7.1.3 The Administrator or the Department may require an owner or operator to conduct performance tests at the affected source at any other time when the action is authorized by Section 114 of the Act or by 7 DE Admin. Code 1117 of the State of Delaware “Regulations Governing the Control of Air Pollutants”, respectively.
3.7.2 Notification of performance test.
3.7.2.1 The owner or operator of an affected source shall notify the Department in writing of the owner or operator’s intention to conduct a performance test at least 60 calendar days before the performance test is initially scheduled to begin to allow the Department, upon request, to review and approve the site-specific test plan required under 3.7.3 of this regulation and to have an observer present during the test.
3.7.2.2 In the event the owner or operator is unable to conduct the performance test on the date specified in the notification requirement specified in 3.7.2.1 of this regulation due to unforeseeable circumstances beyond the owner or operator’s control, the owner or operator shall notify the Department as soon as practicable and without delay prior to the scheduled performance test date and specify the date when the performance test is rescheduled. This notification of delay in conducting the performance test shall not relieve the owner or operator of legal responsibility for compliance with any other applicable provisions of 40 CFR Part 63 or this regulation or with any other applicable Federal, State, or local requirement, nor will it prevent the Administrator from implementing or enforcing 40 CFR Part 63 or taking any other action under the Act or the Department from implementing or enforcing this regulation or taking any other action under 7 Del.C., Ch 60.
3.7.3 Quality assurance program.
3.7.3.1 The results of the quality assurance program required in 3.7.3 of this regulation will be considered by the Department when it determines the validity of a performance test.
3.7.3.2 Site-specific test plan.
3.7.3.2.1 Submission of site-specific test plan.
Before conducting a required performance test, the owner or operator of an affected source shall develop and, if requested by the Department, shall submit a site-specific test plan to the Department for approval. The test plan shall include a test program summary, the test schedule, data quality objectives, and both an internal and external quality assurance (QA) program. Data quality objectives are the pretest expectations of precision, accuracy, and completeness of data.
3.7.3.2.2 The internal QA program shall include, at a minimum, the activities planned by routine operators and analysts to provide an assessment of test data precision; an example of internal QA is the sampling and analysis of replicate samples.
3.7.3.2.3 The external QA program shall include, at a minimum, application of plans for a test method performance audit (PA) during the performance test. The PA’s consist of blind audit samples provided by the Administrator or the Department and analyzed during the performance test in order to provide a measure of test data bias. The external QA program may also include systems audits that include the opportunity for on-site evaluation by the Department of instrument calibration, data validation, sample logging, and documentation of quality control data and field maintenance activities.
3.7.3.2.4 The owner or operator of an affected source shall submit the site-specific test plan to the Department upon the Department’s request at least 60 calendar days before the performance test is scheduled to take place, that is, simultaneously with the notification of intention to conduct a performance test required under 3.7.2 of this regulation, or on a mutually agreed upon date. Notwithstanding the requirements in the previous sentence, the owner or operator shall submit the site-specific test plan to the Department at least 60 calendar days before the performance test is scheduled to take place, if the owner or operator intends to demonstrate compliance using an alternative or changed test method in accordance with 3.7.6 of this regulation. The owner or operator may submit the information required in 3.7.3 of this regulation well in advance of the deadline specified in 3.7.2.1 of this regulation to ensure a timely review by the Department in order to meet the performance test date specified in 3.7 of this regulation or the relevant standard.
3.7.3.2.5 The Department may request additional relevant information after the submittal of a site-specific test plan.
3.7.3.3 Approval of site-specific test plan.
3.7.3.3.1 The Department will notify the owner or operator of approval or intention to deny approval of the site-specific test plan (if review of the site-specific test plan is requested) within 30 calendar days after receipt of the original plan and within 30 calendar days after receipt of any supplementary information that is submitted under 3.7.3.3.1.2 of this regulation. Before disapproving any site-specific test plan, the Department will notify the applicant of the Department’s intention to disapprove the plan together with-
3.7.3.3.1.1 Notice of the information and findings on which the intended disapproval is based and
3.7.3.3.1.2 Notice of opportunity for the owner or operator to present, within 30 calendar days after the owner or operator is notified of the intended disapproval, additional information to the Department before final action on the plan.
3.7.3.3.2 In the event that the Department fails to approve or disapprove the site-specific test plan within the time period specified in 3.7.3.3.1 of this regulation, the following conditions shall apply:
3.7.3.3.2.1 If the owner or operator intends to demonstrate compliance using the test methods specified in the relevant standard, the owner or operator shall conduct the performance test within the time specified in 3.7 of this regulation using the specified methods;
3.7.3.3.2.2 If the owner or operator intends to demonstrate compliance by using an alternative to any test method specified in the relevant standard or with a major change to the test method specified in the relevant standard (see 3.7.5.2.2 of this regulation), the owner or operator is authorized to conduct the performance test using an alternative or changed test method after the Department approves the site-specific test plan (if review of the site-specific test plan is requested or required) following the Administrator’s approval of the use of the alternative test method or use of the test method with major changes. The owner or operator is authorized to conduct the performance test within 60 calendar days after the Department approves the site‑specific test plan. Notwithstanding the requirements in the preceding two sentences, the owner or operator may proceed to conduct the performance test as required in 3.7 of this regulation (without the Department’s prior approval of the site-specific test plan) if the owner or operator subsequently chooses to use the testing and monitoring methods specified in the relevant standard.
3.7.3.3.2.3 If the owner or operator intends to demonstrate compliance with a minor or intermediate change to the test method specified in the relevant standard (see 3.7.5.2.1.1 and 3.7.5.2.1.2 of this regulation), the owner or operator is authorized to conduct the performance test within 60 calendar days using the changed test method after the Department approves the site-specific test plan (if review of the site-specific test plan is requested or required). Notwithstanding the requirements in the preceding sentence, the owner or operator may proceed to conduct the performance test as required in 3.0 of regulation (without the Department’s prior approval of the site-specific test plan) if the owner or operator subsequently chooses to use the testing and monitoring methods specified in the relevant standard.
3.7.3.3.3 Neither the submission of a site-specific test plan for approval, nor the Department’s approval or disapproval of a plan, nor the Department’s failure to approve or disapprove a plan in a timely manner shall--
3.7.3.3.3.1 Relieve an owner or operator of legal responsibility for compliance with any applicable provisions of 40 CFR Part 63 or this regulation or with any other applicable Federal, State, or local requirement or
3.7.3.3.3.2 Prevent the Administrator from implementing or enforcing 40 CFR Part 63 or taking any other action under the Act or the Department from implementing or enforcing this regulation or taking any other action under 7 Del.C., Ch 60.
3.7.3.4 Performance test method audit.
3.7.3.4.1 Performance test method audit program.
The owner or operator shall analyze performance audit (PA) samples during each performance test. The owner or operator shall request performance audit materials 45 days prior to the test date. Audit materials including cylinder audit gases may be obtained by contacting the appropriate EPA Regional Office or the Department.
3.7.3.4.2 The Department will have sole discretion to require any subsequent remedial actions of the owner or operator based on the PA results.
3.7.3.4.3 If the Administrator or the Department fails to provide required PA materials to an owner or operator of an affected source in time to analyze the PA samples during a performance test, the requirement to conduct a PA under 3.7.3 of this regulation shall be waived for such source for that performance test. Waiver under 3.7.3 requirement of this regulation to conduct a PA for a particular performance test does not constitute a waiver of the requirement to conduct a PA for future required performance tests.
3.7.4 Performance testing facilities.
If required to do performance testing, the owner or operator of each new source and, at the request of the Department, the owner or operator of each existing source, shall provide performance testing facilities as follows:
3.7.4.1 Sampling ports adequate for test methods applicable to such source. This includes:
3.7.4.1.1 Constructing the air pollution control system such that volumetric flow rates and pollutant emission rates can be accurately determined by applicable test methods and procedures and
3.7.4.1.2 Providing a stack or duct free of cyclonic flow during performance tests, as demonstrated by applicable test methods and procedures;
3.7.4.2 Safe sampling platforms;
3.7.4.3 Safe access to sampling platforms;
3.7.4.4 Utilities for sampling and testing equipment; and
3.7.4.5 Any other facilities that the Department deems necessary for safe and adequate testing of a source.
3.7.5 Conduct of performance tests.
3.7.5.1 Performance tests shall be conducted under such conditions as the Department specifies to the owner or operator based on representative performance (i.e., performance based on normal operating conditions) of the affected source. Operations during periods of startup, shutdown, or malfunction shall not constitute representative conditions for the purpose of a performance test, nor shall emissions in excess of the level of the relevant standard during periods of startup, shutdown, or malfunction be considered a violation of the relevant standard unless otherwise specified in the relevant standard or a determination of noncompliance is made under 3.6.5 of this regulation. Upon request, the owner or operator shall make available to the Department such records as may be necessary to determine the conditions of performance tests.
3.7.5.2 Performance tests shall be conducted and data shall be reduced in accordance with the test methods and procedures set forth in 3.7 of this regulation, in each relevant standard, and, if required, in applicable appendices of 40 CFR Parts 51, 60, 61, and 63 unless--
3.7.5.2.1 Approval of changes.
3.7.5.2.1.1 The Department specifies or approves, in specific cases, the use of a test method with minor changes in methodology, as defined in 3.2 of this regulation. Such changes may be approved in conjunction with approval of the site-specific test plan (see 3.7.5 of this regulation) or
3.7.5.2.1.2 The Department approves the use of an intermediate change to a test method, as defined in 3.2 of this regulation, the results of which the Department has determined to be adequate for indicating whether a specific affected source is in compliance;
3.7.5.2.2 The Administrator approves the use of a major change or alternative to a test method, as defined in 3.2 of this regulation, the results of which the Administrator has determined to be adequate for indicating whether a specific affected source is in compliance;
3.7.5.2.3 The Department approves shorter sampling times or smaller sample volumes when necessitated by process variables or other factors; or
3.7.5.2.4 The Department waives the requirement for performance tests because the owner or operator of an affected source has demonstrated by other means to the Department’s satisfaction that the affected source is in compliance with the relevant standard.
3.7.5.3 Unless otherwise specified in a relevant standard or test method, each performance test shall consist of three separate runs using the applicable test method. Each run shall be conducted for the time and under the conditions specified in the relevant standard. For the purpose of determining compliance with a relevant standard, the arithmetic mean of the results of the three runs shall apply. Upon receiving approval from the Department, results of a test run may be replaced with results of an additional test run in the event that--
3.7.5.3.1 A sample is accidentally lost after the testing team leaves the site;
3.7.5.3.2 Conditions occur in which one of the three runs must be discontinued because of forced shutdown;
3.7.5.3.3 Extreme meteorological conditions occur; or
3.7.5.3.4 Other circumstances occur that are beyond the owner or operator’s control.
3.7.5.4 Nothing in 3.7.5.1 through 3.7.5.3 of this regulation shall be construed to abrogate the Administrator’s authority to require testing under Section 114 of the Act or the Department’s authority under 7 DE Admin. Code 1117.
3.7.6 Use of an alternative test method--
3.7.6.1 General.
Until permission to use a major change or alternative to a test method has been granted by the Administrator or permission to use a minor or intermediate change to a test method has be granted by the Department under 3.7.6.1 of this regulation, the owner or operator of an affected source remains subject to the requirements in 3.7 of this regulation and the relevant standard.
3.7.6.2 The owner or operator of an affected source required to do performance testing by a relevant standard may use an alternative or changed test method from that specified in the standard provided that the owner or operator-
3.7.6.2.1 Notifications.
3.7.6.2.1.1 Notifies the Administrator and the Department of the owner or operator’s intention to use an alternative test method or to make a major change to a test method and submits the site-specific test plan to the Department at least 60 days before the performance test is scheduled to begin;
3.7.6.2.1.2 Notifies the Department of the owner or operator’s intention to make a minor or intermediate change to a test method and submits the site-specific test plan to the Department at least 60 days before the performance test is scheduled to begin;
3.7.6.2.2 Uses Method 301 in Appendix A of 40 CFR Part 63 to validate the alternative test method or the intermediate or major changes to the test method. This may include the use of specific procedures of Method 301 if use of such procedures are sufficient to validate the alternative test method; and
3.7.6.2.3 Submits the results of the Method 301 validation process to the Administrator (with copy to the Department) or to the Department, whichever is applicable (see 3.7.5.2 of this regulation), along with the notification of intention and the justification for not using the specified test method. The owner or operator may submit the information required in 3.7.6 of this regulation well in advance of the deadline specified in 3.7.6.2.1 of this regulation to ensure a timely review by the Administrator in order to meet the performance test date specified in 3.7 of this regulation or the relevant standard.
3.7.6.3 The Administrator or the Department, whichever is applicable, will determine whether the owner or operator’s validation of the proposed alternative or changed test method is adequate and issue an approval or disapproval of the alternative or changed test method. If the owner or operator intends to demonstrate compliance by using an alternative or change to any test method specified in the relevant standard, the owner or operator is authorized to conduct the performance test using an alternative or changed test method after the Administrator or the Department approves the use of the alternative or changed test method and the Department approves the site-specific test plan. The owner or operator is authorized to conduct the performance test within 60 calendar days after the owner or operator is authorized to demonstrate compliance using an alternative or changed test method and the Department approves the site-specific test plan. Notwithstanding the requirements in the preceding two sentences, the owner or operator may proceed to conduct the performance test as required in 3.7 of this regulation (without the Department’s prior approval of the site-specific test plan) if the owner or operator subsequently chooses to use the testing and monitoring methods specified in the relevant standard.
3.7.6.4 If the Administrator or the Department, whichever is applicable, finds reasonable grounds to dispute the results obtained by an alternative or changed test method for the purposes of demonstrating compliance with a relevant standard, the Administrator or the Department may require the use of a test method specified in a relevant standard.
3.7.6.5 If the owner or operator uses an alternative or changed test method for an affected source during a required performance test, the owner or operator of such source shall continue to use the alternative or changed test method for subsequent performance tests at that affected source until the owner or operator receives approval from the Administrator or the Department, whichever is applicable, to use another test method as allowed under 3.7.6 of this regulation.
3.7.6.6 Neither the validation and approval process nor the failure to validate an alternative or changed test method shall abrogate the owner or operator’s responsibility to comply with the requirements of 40 CFR Part 63 or this regulation.
3.7.7 Data analysis, recordkeeping, and reporting.
3.7.7.1 Unless otherwise specified in a relevant standard or test method, or as otherwise approved by the Department in writing, results of a performance test shall include the analysis of samples, determination of emissions, and raw data. A performance test is “completed” when field sample collection is terminated. The owner or operator of an affected source shall report the results of the performance test to the Department before the close of business on the 60th day following the completion of the performance test, unless specified otherwise in a relevant standard or as approved otherwise in writing by the Department (see 3.9.9 of this regulation). The results of the performance test shall be submitted as part of the notification of compliance status required under 3.9.8 of this regulation. Before a Title V permit has been issued to the owner or operator of an affected source, the owner or operator shall send the results of the performance test to the Department. After a Title V permit has been issued to the owner or operator of an affected source, the owner or operator shall send the results of the performance test to the Department.
3.7.7.2 Reserved]
3.7.7.3 For a minimum of five years after a performance test is conducted, the owner or operator shall retain and make available, upon request, for inspection by the Department the records or results of such performance test and other data needed to determine emissions from an affected source.
3.7.8 Waiver of performance tests.
3.7.8.1 Until a waiver of a performance testing requirement has been granted by the Department under 3.7.8 of this regulation, the owner or operator of an affected source remains subject to the requirements in 3.7 of this regulation.
3.7.8.2 Individual performance tests may be waived upon written application to the Department if, in the Department’s judgment, the source is meeting the relevant standards on a continuous basis, or the source is being operated under an extension of compliance, or the owner or operator has requested an extension of compliance and the Department is still considering that request.
3.7.8.3 Request to waive a performance test.
3.7.8.3.1 If a request is made for an extension of compliance under 3.6.9 of this regulation, the application for a waiver of an initial performance test shall accompany the information required for the request for an extension of compliance. If no extension of compliance is requested or if the owner or operator has requested an extension of compliance and the Department is still considering that request, the application for a waiver of an initial performance test shall be submitted at least 60 days before the performance test if the site-specific test plan under 3.7.3 of this regulation is not submitted.
3.7.8.3.2 If an application for a waiver of a subsequent performance test is made, the application may accompany any required compliance progress report, compliance status report, or excess emissions and continuous monitoring system performance report (such as those required under 3.6.9, 3.9.8, and 3.10.5 of this regulation or specified in a relevant standard or in the source’s Title V permit), but it shall be submitted at least 60 days before the performance test if the site-specific test plan required under 3.7.3 of this regulation is not submitted.
3.7.8.3.3 Any application for a waiver of a performance test shall include information justifying the owner or operator’s request for a waiver, such as the technical or economic infeasibility, or the impracticality, of the affected source performing the required test.
3.7.8.4 Approval of request to waive performance test.
The Department will approve or deny a request for a waiver of a performance test made under 3.7.8.3 of this regulation when it--
3.7.8.4.1 Approves or denies an extension of compliance under 3.6.9.8 of this regulation;
3.7.8.4.2 Approves or disapproves a site-specific test plan under 3.7.3.3 of this regulation;
3.7.8.4.3 Makes a determination of compliance following the submission of a required compliance status report or excess emissions and continuous monitoring systems performance report; or
3.7.8.4.4 Makes a determination of suitable progress towards compliance following the submission of a compliance progress report, whichever is applicable.
3.7.8.5 Approval of any waiver granted under 3.0 of this regulation shall not abrogate the Administrator’s authority under the Act, or the Department’s authority under 7 Del.C., Ch 60, or in any way prohibit the Department from later canceling the waiver. The cancellation will be made only after notice is given to the owner or operator of the affected source.
3.8 Monitoring requirements.
3.8.1 Applicability.
3.8.1.1 The applicability of 3.8 of this regulation is set out in 3.1.1.4 of this regulation.
3.8.1.2 For the purposes of this regulation, all CMS required under relevant standards shall be subject to the provisions of 3.8 of this regulation upon promulgation of performance specifications for CMS as specified in the relevant standard or otherwise by the Administrator.
3.8.1.3 [Reserved]
3.8.1.4 Additional monitoring requirements for control devices used to comply with provisions in relevant standards of 40 CFR Part 63 or this regulation are specified in 3.11 of this regulation.
3.8.2 Conduct of monitoring.
3.8.2.1 Monitoring shall be conducted as set forth in 3.8 of this regulation and the relevant standards unless--
3.8.2.1.1 Exceptions.
3.8.2.1.1.1 The Department specifies or approves the use of minor changes in methodology for the specified monitoring requirements, as defined in 3.2 of this regulation or
3.8.2.1.1.2 The Department approves the use of an intermediate change to any monitoring requirements, as defined in 3.2 of this regulation or
3.8.2.1.2 The Administrator approves the use of a major change or alternative to any monitoring requirements, as defined in 3.2 of this regulation.
3.8.2.1.3 Owners or operators with flares subject to 3.11.2 of this regulation are not subject to the requirements in 3.8 of this regulation unless otherwise specified in the relevant standard.
3.8.2.2 Multiple affected sources or emission points.
3.8.2.2.1 When the emissions from two or more affected sources are combined before being released to the atmosphere, the owner or operator may install an applicable CMS for each emission stream or for the combined emission streams, provided the monitoring is sufficient to demonstrate compliance with the relevant standard.
3.8.2.2.2 If the relevant standard is a mass emission standard and the emissions from one affected source are released to the atmosphere through more than one point, the owner or operator shall install an applicable CMS at each emission point unless the installation of fewer systems is--
3.8.2.2.2.1 Approved by the Department or
3.8.2.2.2.2 Provided for in a relevant standard (e.g., instead of requiring that a CMS be installed at each emission point before the effluents from those points are channeled to a common control device, the standard specifies that only one CMS is required to be installed at the vent of the control device).
3.8.2.3 When more than one CMS is used to measure the emissions from one affected source (e.g., multiple breechings, multiple outlets), the owner or operator shall report the results as required for each CMS. However, when one CMS is used as a backup to another CMS, the owner or operator shall report the results from the CMS used to meet the monitoring requirements of 40 CFR Part 63 or this regulation. If both such CMS are used during a particular reporting period to meet the monitoring requirements of 40 CFR Part 63 or this regulation, then the owner or operator shall report the results from each CMS for the relevant compliance period.
3.8.3 Operation and maintenance of CMS.
3.8.3.1 The owner or operator of an affected source shall maintain and operate each CMS as specified in 3.8 of this regulation, or in a relevant standard, and in a manner consistent with good air pollution control practices.
3.8.3.1.1 The owner or operator of an affected source shall maintain and operate each CMS as specified in 3.6.5.1 of this regulation.
3.8.3.1.2 The owner or operator shall keep the necessary parts for routine repairs of the affected CMS equipment readily available.
3.8.3.1.3 The owner or operator of an affected source shall develop and implement a written startup, shutdown, and malfunction plan for CMS as specified in 3.6.5.3 of this regulation.
3.8.3.2 Installation of CMS.
2.8.3.2.1 All CMS shall be installed such that representative measures of emissions or process parameters from the affected source are obtained. In addition, CEMS shall be located according to procedures contained in the applicable performance specifications.
3.8.3.2.2 Unless the relevant standard states otherwise, the owner or operator shall ensure the read out (that portion of the CMS that provides a visual display or record), or other indication of operation, from any CMS required for compliance with the emission standard is readily accessible on site for operational control or inspection by the operator of the equipment.
3.8.3.3 All CMS shall be installed, operational, and the data verified as specified in the relevant standard either prior to or in conjunction with conducting performance tests under 3.7 of this regulation. Verification of operational status shall, at a minimum, include completion of the manufacturer’s written specifications or recommendations for installation, operation, and calibration of the system.
3.8.3.4 Except for system breakdowns, out-of-control periods, repairs, maintenance periods, calibration checks, and zero (low-level) and high-level calibration drift adjustments, all CMS, including COMS and CEMS, shall be in continuous operation and shall meet minimum frequency of operation requirements as follows:
3.8.3.4.1 All COMS shall complete a minimum of one cycle of sampling and analyzing for each successive 10-second period and one cycle of data recording for each successive six-minute period.
3.8.3.4.2 All CEMS for measuring emissions other than opacity shall complete a minimum of one cycle of operation (sampling, analyzing, and data recording) for each successive 15-minute period.
3.8.3.5 Unless otherwise approved by the Department, minimum procedures for COMS shall include a method for producing a simulated zero opacity condition and an upscale (high-level) opacity condition using a certified neutral density filter or other related technique to produce a known obscuration of the light beam. Such procedures shall provide a system check of all the analyzer’s internal optical surfaces and all electronic circuitry, including the lamp and photodetector assembly normally used in the measurement of opacity.
3.8.3.6 The owner or operator of a CMS that is not a CPMS, which is installed in accordance with the provisions of 40 CFR Part 63 or this regulation and the applicable CMS performance specifications, shall check the zero (low-level) and high-level calibration drifts at least once daily in accordance with the written procedure specified in the site-specific performance evaluation test plan developed under 3.8.5.3.1 and 3.8.5.3.2 of this regulation. The zero (low-level) and high-level calibration drifts shall be adjusted, at a minimum, whenever the 24-hour zero (low-level) drift exceeds two times the limits of the applicable performance specifications specified in the relevant standard. The system shall allow the amount of excess zero (low-level) and high-level drift measured at the 24-hour interval checks to be recorded and quantified whenever specified. For COMS, all optical and instrumental surfaces exposed to the effluent gases shall be cleaned prior to performing the zero (low-level) and high-level drift adjustments; the optical surfaces and instrumental surfaces shall be cleaned when the cumulative automatic zero compensation, if applicable, exceeds 4% opacity. The CPMS shall be calibrated prior to use for the purposes of complying with 3.0 of this regulation. The CPMS shall be checked daily for indication that the system is responding. If the CPMS system includes an internal system check, results shall be recorded and checked daily for proper operation.
3.8.3.7 Out-of-control.
3.8.3.7.1 A CMS is out-of-control if--
3.8.3.7.1.1 The zero (low-level), mid-level (if applicable), or high-level calibration drift (CD) exceeds two times the applicable CD specification in the applicable performance specification or in the relevant standard;
3.8.3.7.1.2 The CMS fails a performance test audit (e.g., cylinder gas audit), relative accuracy audit, relative accuracy test audit, or linearity test audit; or
3.8.3.7.1.3 The COMS CD exceeds two times the limit in the applicable performance specification in the relevant standard.
3.8.3.7.2 When the CMS is out-of-control, the owner or operator of the affected source shall take the necessary corrective action and shall repeat all necessary tests which indicate that the system is out-of-control. The owner or operator shall take corrective action and conduct retesting until the performance requirements are below the applicable limits. The beginning of the out-of-control period is the hour the owner or operator conducts a performance check (e.g., calibration drift) that indicates an exceedance of the performance requirements established under 40 CFR Part 63 or this regulation. The end of the out-of-control period is the hour following the completion of corrective action and successful demonstration that the system is within the allowable limits. During the period the CMS is out-of-control, recorded data shall not be used in data averages and calculations, or to meet any data availability requirement established under 40 CFR Part 63 or this regulation.
3.8.3.8 The owner or operator of a CMS that is out-of-control as defined in 3.8.3.7 of this regulation shall submit all information concerning out-of-control periods, including start and end dates and hours and descriptions of corrective actions taken, in the excess emissions and continuous monitoring system performance report required in 3.10.5.3 of this regulation.
3.8.4 Quality control program.
3.8.4.1 The results of the quality control program required in 3.8.4 of this regulation will be considered by the Department when it determines the validity of monitoring data.
3.8.4.2 The owner or operator of an affected source that is required to use a CMS and is subject to the monitoring requirements of 3.8 this regulation and a relevant standard shall develop and implement a CMS quality control program. As part of the quality control program, the owner or operator shall develop and submit to the Department for approval upon request a site-specific performance evaluation test plan for the CMS performance evaluation required in 3.8.5.3.1 of this regulation, according to the procedures specified in 3.8.5 of this regulation. In addition, each quality control program shall include, at a minimum, a written protocol that describes procedures for each of the following operations:
3.8.4.2.1 Initial and any subsequent calibration of the CMS;
3.8.4.2.2 Determination and adjustment of the calibration drift of the CMS;
3.8.4.2.3 Preventive maintenance of the CMS, including spare parts inventory;
3.8.4.2.4 Data recording, calculations, and reporting;
3.8.4.2.5 Accuracy audit procedures, including sampling and analysis methods; and
3.8.4.2.6 Program of corrective action for a malfunctioning CMS.
3.8.4.3 The owner or operator shall keep these written procedures on record for the life of the affected source or until the affected source is no longer subject to the provisions of this regulation, to be made available for inspection, upon request, by the Department. If the site-specific performance evaluation test plan is revised, the owner or operator shall keep previous (i.e., superseded) versions of the site-specific performance evaluation test plan on record to be made available for inspection, upon request, by the Department, for a period of five years after each revision to the plan. Where relevant, e.g., program of corrective action for a malfunctioning CMS, these written procedures may be incorporated as part of the affected source’s startup, shutdown, and malfunction plan to avoid duplication of planning and recordkeeping efforts.
3.8.5 Performance evaluation of CMS--
3.8.5.1 General.
When required by a relevant standard, and at any other time the Administrator may require under Section 114 of the Act or the Department may require under 7 DE Admin. Code 1117, the owner or operator of an affected source being monitored shall conduct a performance evaluation of the CMS. Such performance evaluation shall be conducted according to the applicable specifications and procedures described in 3.8 of this regulation or in the relevant standard.
3.8.5.2 Notification of performance evaluation.
The owner or operator shall notify the Department in writing of the date of the performance evaluation simultaneously with the notification of the performance test date required under 3.7.2 of this regulation or at least 60 days prior to the date the performance evaluation is scheduled to begin if no performance test is required.
3.8.5.3 Site-specific performance evaluation test plan.
3.8.5.3.1 Submission of site-specific performance evaluation test plan.
Before conducting a required CMS performance evaluation, the owner or operator of an affected source shall develop and submit a site-specific performance evaluation test plan to the Department for approval upon request. The performance evaluation test plan shall include the evaluation program objectives, an evaluation program summary, the performance evaluation schedule, data quality objectives, and both an internal and external QA program. Data quality objectives are the pre-evaluation expectations of precision, accuracy, and completeness of data.
3.8.5.3.2 The internal QA program shall include, at a minimum, the activities planned by routine operators and analysts to provide an assessment of CMS performance. The external QA program shall include, at a minimum, systems audits that include the opportunity for on-site evaluation by the Department of instrument calibration, data validation, sample logging, and documentation of quality control data and field maintenance activities.
3.8.5.3.3 The owner or operator of an affected source shall submit the site-specific performance evaluation test plan to the Department upon the Department’s request at least 60 days before the performance test or performance evaluation is scheduled to begin, or on a mutually agreed upon date, and review and approval of the performance evaluation test plan by the Department will occur with the review and approval of the site-specific test plan (if review of the site-specific test plan is requested or required). Notwithstanding the requirements in the previous sentence, the owner or operator shall submit the site-specific performance evaluation test plan to the Department at least 60 calendar days before the performance test or performance evaluation is scheduled to take place, if the owner or operator intends to demonstrate compliance using an alternative or changes to the monitoring requirements. The owner or operator may submit the information required in 3.8.5.3 of this regulation well in advance of the deadline specified in 3.8.5.2 of this regulation to ensure a timely review by the Department in order to meet the performance test or performance evaluation date specified in 3.8 this regulation or the relevant standard.
3.8.5.3.4 The Department may request additional relevant information after the submittal of a site-specific performance evaluation test plan.
3.8.5.3.5 In the event that the Department fails to approve or disapprove the site-specific performance evaluation test plan within the time period specified in 3.7.3.3 of this regulation, the following conditions shall apply:
3.8.5.3.5.1 If the owner or operator intends to demonstrate compliance using the monitoring requirements specified in the relevant standard, the owner or operator shall conduct the performance evaluation within the time specified in 3.0 of this regulation using the specified methods.
3.8.5.3.5.2 If the owner or operator intends to demonstrate compliance by using an alternative to the monitoring requirements specified in the relevant standard or with a major change to the monitoring requirements specified in the relevant standard (see 3.8.2.1.2 of this regulation), the owner or operator shall refrain from conducting the performance evaluation until the Department approves the site-specific performance evaluation test plan following the Administrator’s approval of the use of the alternative requirements or use of the monitoring requirements with major change. If the Administrator does not approve the use of the alternative or changed requirements within 30 days before the performance evaluation is scheduled to take place, the performance evaluation deadlines specified in 3.8.5.4 of this regulation may be extended such that the owner or operator shall conduct the performance evaluation within 60 calendar days after the Department approves the site-specific performance evaluation test plan. Notwithstanding the requirements in the preceding two sentences, the owner or operator may proceed to conduct the performance evaluation as required in 2.0 of this regulation (without the Department’s prior approval of the site‑specific performance evaluation test plan) if the owner or operator subsequently chooses to use the monitoring requirements specified in the relevant standard.
3.8.5.3.5.3 If the owner or operator intends to demonstrate compliance with a minor or intermediate change to the monitoring requirements specified in the relevant standard (see 3.8.2.1.1.1 and 3.8.2.1.1.2 of this regulation), the owner or operator shall conduct the performance evaluation within 60 calendar days using the changed monitoring requirements after the Department approves the site-specific performance evaluation test plan (if review of the site-specific performance evaluation test plan is requested or required). Notwithstanding the requirements in the preceding sentence, the owner or operator may proceed to conduct the performance evaluation as required in 3.8 of this regulation (without the Department’s prior approval of the site-specific performance evaluation test plan) if the owner or operator subsequently chooses to use the monitoring requirements specified in the relevant standard.
3.8.5.3.6 Neither the submission of a site-specific performance evaluation test plan for approval, nor the Department’s approval or disapproval of a plan, nor the Department’s failure to approve or disapprove a plan in a timely manner shall-
3.8.5.3.6.1 Relieve an owner or operator of legal responsibility for compliance with any applicable provisions of 40 CFR Part 63 or this regulation or with any other applicable Federal, State, or local requirement or
3.8.5.3.6.2 Prevent the Administrator from implementing or enforcing 40 CFR Part 63 or taking any other action under the Act or the Department from implementing or enforcing this regulation or taking any other action under 7 Del.C., Ch 60.
3.8.5.4 Conduct of performance evaluation and performance evaluation dates.
The owner or operator of an affected source shall conduct a performance evaluation of a required CMS during any performance test required under 3.7 of this regulation in accordance with the applicable performance specification as specified in the relevant standard. Notwithstanding the requirement in the previous sentence, if the owner or operator of an affected source elects to submit COMS data for compliance with a relevant opacity emission standard as provided under 3.6.8.7 of this regulation, the owner or operator shall conduct a performance evaluation of the COMS as specified in the relevant standard, before the performance test required under 3.7 of this regulation is conducted in time to submit the results of the performance evaluation as specified in 3.8.5.5.2 of this regulation. If a performance test is not required, or the requirement for a performance test has been waived under 3.7.8 of this regulation, the owner or operator of an affected source shall conduct the performance evaluation not later than 180 days after the appropriate compliance date for the affected source, as specified in 3.7.1 of this regulation, or as otherwise specified in the relevant standard.
3.8.5.5 Reporting performance evaluation results.
3.8.5.5.1 The owner or operator shall furnish the Department a copy of a written report of the results of the performance evaluation simultaneously with the results of the performance test required under 3.7 of this regulation or within 60 days of completion of the performance evaluation if no performance test is required, unless otherwise specified in a relevant standard. The Department may request that the owner or operator submit the raw data from a performance evaluation in the report of the performance evaluation results.
3.8.5.5.2 The owner or operator of an affected source using a COMS to determine opacity compliance during any performance test required under 3.7 of this regulation shall furnish the Department two or, upon request, three copies of a written report of the results of the COMS performance evaluation under 3.8.5 of this regulation. The copies shall be provided at least 15 calendar days before the performance test required under 3.7 of this regulation is conducted.
3.8.6 Use of an alternative monitoring requirement
3.8.6.1 General.
Until permission to use a major change or alternative to a monitoring requirement has been granted by the Administrator or permission to use a minor or intermediate change to a monitoring requirement has be granted by the Department under 3.8.6.1 of this regulation, the owner or operator of an affected source remains subject to the requirements in 3.8 of this regulation and the relevant standard.
3.8.6.2 After receipt and consideration of written application, the Department may approve minor or intermediate change or the Administrator may approve major change or an alternative to any monitoring requirement of 40 CFR Part 63 or this regulation including, but not limited to, the following:
3.8.6.2.1 Alternative monitoring requirements when installation of a CMS specified by a relevant standard would not provide accurate measurements due to liquid water or other interferences caused by substances within the effluent gases;
3.8.6.2.2 Alternative monitoring requirements when the affected source is infrequently operated;
3.8.6.2.3 Alternative monitoring requirements to accommodate CEMS that require additional measurements to correct for stack moisture conditions;
3.8.6.2.4 Alternative locations for installing CMS when the owner or operator can demonstrate that installation at alternate locations will enable accurate and representative measurements;
3.8.6.2.5 Alternate methods for converting pollutant concentration measurements to units of the relevant standard;
3.8.6.2.6 Alternate procedures for performing daily checks of zero (low-level) and high-level drift that do not involve use of high-level gases or test cells;
3.8.6.2.7 Alternatives to the American Society for Testing and Materials (ASTM) test methods or sampling procedures specified by any relevant standard;
3.8.6.2.8 Alternative CMS that do not meet the design or performance requirements in 40 CFR Part 63 or this regulation, but adequately demonstrate a definite and consistent relationship between their measurements and the measurements of opacity by a system complying with the requirements as specified in the relevant standard. The Administrator or the Department, whichever is applicable, may require that such demonstration be performed for each affected source; or
3.8.6.2.9 Alternative monitoring requirements when the effluent from a single affected source or the combined effluent from two or more affected sources is released to the atmosphere through more than one point.
3.8.6.3 If the Administrator or the Department, whichever is applicable, finds reasonable grounds to dispute the results obtained by an alternative or changed monitoring requirement, the Administrator or the Department may require the use of a requirement specified in 3.8 of this regulation or in the relevant standard. If the results of the specified and alternative or changed requirement do not agree, the results obtained by the specified requirement shall prevail.
3.8.6.4 Request process.
3.8.6.4.1 Request to use alternative monitoring requirement.
An owner or operator who wishes to use a change or alternative to a monitoring requirement shall submit an application to the Administrator (with copy to the Department) or to the Department, whichever is applicable, as described in 3.8.6.4.2 of this regulation. The application may be submitted at any time provided that the monitoring requirement is not the performance test method used to demonstrate compliance with a relevant standard or other requirement. If the changed or alternative monitoring requirement will serve as the performance test method that is to be used to demonstrate compliance with a relevant standard, the application shall be submitted at least 60 days before the performance evaluation is scheduled to take place and shall meet the requirements for an alternative test method under 3.7.6 of this regulation.
3.8.6.4.2 The application shall contain a description of the proposed changed or alternative monitoring system which addresses the four elements contained in the definition of monitoring in 3.2 of this regulation and a site-specific performance evaluation test plan, if required, as specified in 3.8.5.3 of this regulation. In addition, the application shall include information justifying the owner or operator’s request for a changed or alternative monitoring requirement, such as the technical or economic infeasibility, or the impracticality, of the affected source using the required requirement.
3.8.6.4.3 The owner or operator may submit the information required in 3.8.6.4 of this regulation well in advance of the submittal dates specified in 3.8.6.4.1 of this regulation above to ensure a timely review by the Administrator or the Department, whichever is applicable, in order to meet the compliance demonstration date specified in 3.0 of this regulation or the relevant standard.
3.8.6.4.4 Application to the Department for minor or intermediate changes to monitoring requirements, as specified in 3.8.2.1 of this regulation, may be made in the site-specific performance evaluation test plan.
3.8.6.5 Approval of request to use alternative monitoring requirement.
3.8.6.5.1 The Administrator or the Department will notify the owner or operator of approval or intention to deny approval of the request to use an alternative or changed monitoring requirement within 30 calendar days after receipt of the original request and within 30 calendar days after receipt of any supplementary information that is submitted. If a request for a minor or intermediate change is made in conjunction with site-specific performance evaluation test plan, then approval of the plan will constitute approval of the minor or intermediate change. Before disapproving any request to use an alternative or changed monitoring requirement, the Administrator or the Department will notify the applicant of the Administrator or the Department’s intention to disapprove the request together with--
3.8.6.5.1.1 Notice of the information and findings on which the intended disapproval is based and
3.8.6.5.1.2 Notice of opportunity for the owner or operator to present additional information to the Administrator or the Department before final action on the request. At the time the Administrator or the Department notifies the applicant of its intention to disapprove the request, the Administrator or the Department will specify how much time the owner or operator will have after being notified of the intended disapproval to submit the additional information.
3.8.6.5.2 The Administrator may establish general procedures and criteria in a relevant standard to accomplish the requirements in 3.8.6.5.1 of this regulation.
3.8.6.5.3 If the Administrator or the Department approves the use of an alternative or changed monitoring requirement for an affected source under in 3.8.6.5.1 of this regulation, the owner or operator of such source shall continue to use the alternative or changed monitoring requirement until the owner or operator receives approval from the Administrator or the Department to use another monitoring requirement as allowed in 3.8.6 of this regulation.
3.8.6.6 Alternative to the relative accuracy test.
An alternative to the relative accuracy test for CEMS specified in a relevant standard may be requested as follows:
3.8.6.6.1 Criteria for approval of alternative procedures.
An alternative to the test method for determining relative accuracy is available for affected sources with emission rates demonstrated to be less than 50% of the relevant standard. The owner or operator of an affected source may petition the Department under 3.8.6.6.2 of this regulation to substitute the relative accuracy test in Section 7 of Performance Specification 2 in Appendix B of 40 CFR Part 60 with the procedures in Section 10 of Performance Specification 2 if the results of a performance test conducted according to the requirements in 3.7 of this regulation, or other tests performed following the criteria in 3.7 of this regulation, demonstrate that the emission rate of the pollutant of interest in the units of the relevant standard is less than 50% of the relevant standard. For affected sources subject to emission limitations expressed as control efficiency levels, the owner or operator may petition the Department to substitute the relative accuracy test with the procedures in Section 10 of Performance Specification 2 if the control device exhaust emission rate is less than 50%of the level needed to meet the control efficiency requirement. The alternative procedures do not apply if the CEMS is used continuously to determine compliance with the relevant standard.
3.8.6.6.2 Petition to use alternative to relative accuracy test.
The petition to use an alternative to the relative accuracy test shall include a detailed description of the procedures to be applied, the location and the procedure for conducting the alternative, the concentration or response levels of the alternative relative accuracy materials, and the other equipment checks included in the alternative procedures. The Department will review the petition for completeness and applicability. The Department’s determination to approve an alternative will depend on the intended use of the CEMS data and may require specifications more stringent than in Performance Specification 2 in Appendix B of 40 CFR Part 60.
3.8.6.6.3 Rescission of approval to use alternative to relative accuracy test.
The Department will review the permission to use an alternative to the CEMS relative accuracy test and may rescind such permission if the CEMS data from a successful completion of the alternative relative accuracy procedure indicate that the affected source’s emissions are approaching the level of the relevant standard. The criterion for reviewing the permission is that the collection of CEMS data shows that emissions have exceeded 70% of the relevant standard for any averaging period, as specified in the relevant standard. For affected sources subject to emission limitations expressed as control efficiency levels, the criterion for reviewing the permission is that the collection of CEMS data shows that exhaust emissions have exceeded 70% of the level needed to meet the control efficiency requirement for any averaging period, as specified in the relevant standard. The owner or operator of the affected source shall maintain records and determine the level of emissions relative to the criterion for permission to use an alternative for relative accuracy testing. If this criterion is exceeded, the owner or operator shall notify the Department within 10 days of such occurrence and include a description of the nature and cause of the increased emissions. The Department will review the notification and may rescind permission to use an alternative and require the owner or operator to conduct a relative accuracy test of the CEMS as specified in Section 7 of Performance Specification 2 in Appendix B of 40 CFR Part 60.
3.8.7 Reduction of monitoring data.
3.8.7.1 The owner or operator of each CMS shall reduce the monitoring data as specified in 3.8.7.1 through 3.8.7.5 of this regulation.
3.8.7.2 The owner or operator of each COMS shall reduce all data to six-minute averages calculated from 36 or more data points equally spaced over each six-minute period. Data from CEMS for measurement other than opacity, unless otherwise specified in the relevant standard, shall be reduced to one-hour averages computed from four or more data points equally spaced over each one-hour period, except during periods when calibration, quality assurance, or maintenance activities pursuant to provisions of 40 CFR Part 63 or this regulation are being performed. During these periods, a valid hourly average shall consist of at least two data points with each representing a 15-minute period. Alternatively, an arithmetic or integrated one-hour average of CEMS data may be used. Time periods for averaging are defined in 3.2 of this regulation.
3.8.7.3 The data may be recorded in reduced or nonreduced form (e.g., ppm pollutant and percent O2 or ng/J of pollutant).
3.8.7.4 All emission data shall be converted into units of the relevant standard for reporting purposes using the conversion procedures specified in that standard. After conversion into units of the relevant standard, the data may be rounded to the same number of significant digits as used in that standard to specify the emission limit (e.g., rounded to the nearest 1% opacity).
3.8.7.5 Monitoring data recorded during periods of unavoidable CMS breakdowns, out-of-control periods, repairs, maintenance periods, calibration checks, and zero (low-level) and high-level adjustments shall not be included in any data average computed under 40 CFR Part 63 or this regulation. For the owner or operator complying with the requirements in 3.10.2.2.7.1 or 3.10.2.2.7.2 of this regulation, data averages shall include any data recorded during periods of monitor breakdown or malfunction.
3.9 Notification requirements.
3.9.1 Applicability and general information.
3.9.1.1 The applicability of 3.9 of this regulation is set out in 3.1.1.4 of this regulation.
3.9.1.2 For affected sources that have been granted an extension of compliance under Subpart D of 40 CFR Part 63, the requirements in 3.9 of this regulation do not apply to those sources while they are operating under such compliance extensions.
3.9.1.3 The owner or operator may send the Administrator a copy of the notice sent to the Department to satisfy the requirements in 3.9 of this regulation for that notification.
3.9.1.4 Submittal of notifications.
3.9.1.4.1 [Reserved]
3.9.1.4.2 The owner or operator of an affected source subject to notification requirements established under 40 CFR Part 63 or this regulation shall submit notifications to the Department (to the attention of the Program Administrator of Air Quality Management at the address indicated in 3.13 of this regulation). In addition, the owner or operator shall send a copy of each notification submitted to the Department to the EPA Region III Office (to the attention of the Director of Air Protection at the address indicated in 3.13 of this regulation). The Regional Office may waive this requirement for any notifications at its discretion.
3.9.2 Initial notifications.
3.9.2.1 Applicability.
3.9.2.1.1 The requirements in 3.9.2 of this regulation apply to the owner or operator of an affected source when such source becomes subject to a relevant standard.
3.9.2.1.2 If an area source that otherwise would be subject to an emission standard or other requirement established under 40 CFR Part 63 or this regulation if it were a major source subsequently increases its emissions of hazardous air pollutants (or its potential to emit hazardous air pollutants) such that the source is a major source that is subject to the emission standard or other requirement, such source shall be subject to the notification requirements in 3.9 of this regulation.
3.9.2.1.3 Affected sources that are required in 3.9.2 of this regulation to submit an initial notification may use the application for approval of construction or reconstruction under 3.5.4 of this regulation, if relevant, to fulfill the initial notification requirements in 3.9.2 of this regulation.
3.9.2.2 The owner or operator of an affected source that has an initial startup before the effective date of a relevant standard under 40 CFR Part 63 shall notify the Department in writing that the source is subject to the relevant standard. The notification, which shall be submitted not later than 120 calendar days after the effective date of the relevant standard (or within 120 calendar days after the source becomes subject to the relevant standard), shall provide the following information:
3.9.2.2.1 The name and address of the owner or operator;
3.9.2.2.2 The address (i.e., physical location) of the affected source;
3.9.2.2.3 An identification of the relevant standard, or other requirement, that is the basis of the notification and the source’s compliance date;
3.9.2.2.4 A brief description of the nature, size, design, and method of operation of the source and an identification of the types of emission points within the affected source subject to the relevant standard and types of hazardous air pollutants emitted; and
3.9.2.2.5 A statement of whether the affected source is a major source or an area source.
3.9.2.3 [Reserved]
3.9.2.4 The owner or operator of a new or reconstructed major affected source, or of a source that has been reconstructed such that the source becomes a major affected source, for which an application for approval of construction or reconstruction is required under 3.5.4 of this regulation shall provide the following information in writing to the Department:
3.9.2.4.1 A notification of intention to construct a new major-emitting affected source, reconstruct a major-emitting affected source, or reconstruct a source such that the source becomes a major-emitting affected source with the application for approval of construction or reconstruction as specified in 3.5.4.1.1 of this regulation and
3.9.2.4.2 [Reserved]
3.9.2.4.3 [Reserved]
3.9.2.4.4 [Reserved]
3.9.2.4.5 A notification of the actual date of startup of the source, delivered or postmarked within 15 calendar days after that date.
3.9.2.5 The owner or operator of a new or reconstructed affected source for which an application for approval of construction or reconstruction is not required under 3.5.4 of this regulation shall provide the following information in writing to the Department:
3.9.2.5.1 A notification of intention to construct a new affected source, reconstruct an affected source, or reconstruct a source such that the source becomes an affected source and
3.9.2.5.2 A notification of the actual date of startup of the source, delivered or postmarked within 15 calendar days after that date.
3.9.2.5.3 Unless the owner or operator has requested and received prior permission from the Department to submit less than the information in 3.5.4 of this regulation, the notification shall include the information required on the application for approval of construction or reconstruction as specified in 3.5.4.1.1 of this regulation.
3.9.3 Request for extension of compliance.
If the owner or operator of an affected source cannot comply with a relevant standard by the applicable compliance date for that source, or if the owner or operator has installed BACT or technology to meet LAER consistent with 3.6.9.5 of this regulation, the owner or operator may submit to the Department a request for an extension of compliance as specified in 3.6.9.4 through 3.6.9.6 of this regulation.
3.9.4 Notification that source is subject to special compliance requirements.
An owner or operator of a new source that is subject to special compliance requirements as specified in 3.6.2.3 and 3.6.2.4 of this regulation shall notify the Department of the owner or operator’s compliance obligations not later than the notification dates established in 3.9.2 of this regulation for new sources that are not subject to the special provisions.
3.9.5 Notification of performance test.
The owner or operator of an affected source shall notify the Department in writing of the owner or operator’s intention to conduct a performance test at least 60 calendar days before the performance test is scheduled to begin to allow the Department to review and approve the site-specific test plan required under 3.7.3 of this regulation, if requested by the Department, and to have an observer present during the test.
3.9.6 Notification of opacity and visible emission observations.
The owner or operator of an affected source shall notify the Department in writing of the anticipated date for conducting the opacity or visible emission observations specified in 3.6.8.5 of this regulation, if such observations are required for the source by a relevant standard. The notification shall be submitted with the notification of the performance test date, as specified in 3.9.5 of this regulation, or if no performance test is required or visibility or other conditions prevent the opacity or visible emission observations from being conducted concurrently with the initial performance test required under 3.7 of this regulation, the owner or operator shall deliver or postmark the notification not less than 30 days before the opacity or visible emission observations are scheduled to take place.
3.9.7 Additional notification requirements for sources with CMS.
The owner or operator of an affected source required to use a CMS by a relevant standard shall furnish the Department written notification as follows:
3.9.7.1 A notification of the date the CMS performance evaluation under 3.8.5 of this regulation is scheduled to begin, submitted simultaneously with the notification of the performance test date required under 3.7.2 of this regulation. If no performance test is required, or if the requirement to conduct a performance test has been waived for an affected source under 3.7.8 of this regulation, the owner or operator shall notify the Department in writing of the date of the performance evaluation at least 60 calendar days before the evaluation is scheduled to begin;
3.9.7.2 A notification that COMS data results will be used to determine compliance with the applicable opacity emission standard during a performance test required in 3.7 of this regulation in lieu of Method 9 or other opacity emissions test method data, as allowed in 3.6.8.7.2 of this regulation, if compliance with an opacity emission standard is required for the source by a relevant standard. The notification shall be submitted at least 60 calendar days before the performance test is scheduled to begin; and
3.9.7.3 A notification that the criterion necessary to continue use of an alternative to relative accuracy testing, as provided in 3.8.6.6 of this regulation, has been exceeded. The notification shall be delivered or postmarked not later than 10 days after the occurrence of such exceedance, and it shall include a description of the nature and cause of the increased emissions.
3.9.8 Notification of compliance status.
3.9.8.1 The requirements in 3.8.2 through 3.8.4 of this regulation apply when an affected source becomes subject to a relevant standard.
3.9.8.2 Prior to issuance of a Title V permit.
3.9.8.2.1 Before a Title V permit has been issued to the owner or operator of an affected source, and each time a notification of compliance status is required under 40 CFR Part 63 or this regulation, the owner or operator of such source shall submit to the Department a notification of compliance status, signed by the responsible official who shall certify its accuracy, attesting to whether the source has complied with the relevant standard. The notification shall list-
3.9.8.2.1.1 The methods that were used to determine compliance;
3.9.8.2.1.2 The results of any performance tests, opacity or visible emission observations, CMS performance evaluations, or other monitoring procedures or methods that were conducted;
3.9.8.2.1.3 The methods that will be used for determining continuing compliance, including a description of monitoring and reporting requirements and test methods;
3.9.8.2.1.4 The type and quantity of hazardous air pollutants emitted by the source (or surrogate pollutants if specified in the relevant standard), reported in units and averaging times and in accordance with the test methods specified in the relevant standard;
3.9.8.2.1.5 If the relevant standard applies to both major and area sources, an analysis demonstrating whether the affected source is a major source (using the emissions data generated for this notification);
3.9.8.2.1.6 A description of the air pollution control equipment (or method) for each emission point, including each control device (or method) for each hazardous air pollutant and the control efficiency (percent) for each control device (or method); and
3.9.8.2.1.7 A statement by the owner or operator of the affected existing, new, or reconstructed source as to whether the source has complied with the relevant standard or other requirements.
3.9.8.2.2 The notification shall be sent before the close of business on the 60th day following the completion of the relevant compliance demonstration activity specified in the relevant standard (unless a different reporting period is specified in the standard, in which case the letter shall be sent before the close of business on the day the report of the relevant testing or monitoring results is required to be delivered or postmarked). For example, the notification shall be sent before close of business on the 60th (or other required) day following completion of the initial performance test and again before the close of business on the 60th (or other required) day following the completion of any subsequent required performance test. If no performance test is required but opacity or visible emission observations are required to demonstrate compliance with an opacity or visible emission standard under 40 CFR Part 63 or this regulation, the notification of compliance status shall be sent before close of business on the 30th day following the completion of opacity or visible emission observations. Notification may be combined as long as the due date requirement for each notification is met.
3.9.8.3 After a Title V permit has been issued to the owner or operator of an affected source, the owner or operator of such source shall comply with all requirements for compliance status reports contained in the source’s Title V permit, including reports required under 40 CFR Part 63 or this regulation. After a Title V permit has been issued to the owner or operator of an affected source, and each time a notification of compliance status is required under 40 CFR Part 63 or this regulation, the owner or operator of such source shall submit the notification of compliance status to the Department following completion of the relevant compliance demonstration activity specified in the relevant standard.
3.9.8.4 [Reserved]
3.9.8.5 If an owner or operator of an affected source submits estimates or preliminary information in the application for approval of construction or reconstruction required in 3.5.4 of this regulation in place of the actual emissions data or control efficiencies required in 3.5.4.1.2.8 and 3.5.4.2 of this regulation, the owner or operator shall submit the actual emissions data and other correct information as soon as available but no later than with the initial notification of compliance status required in 3.9 of this regulation.
3.9.8.6 Advice on a notification of compliance status may be obtained from the Department.
3.9.9 Adjustment to time periods or postmark deadlines for submittal and review of required communications.
3.9.9.1 Applicable requirements.
3.9.9.1.1 Until an adjustment of a time period or postmark deadline has been approved by the Department under 3.9.9.2 and 3.9.9.3 of this regulation, the owner or operator of an affected source remains strictly subject to the requirements of 40 CFR Part 63 or this regulation.
3.9.9.1.2 An owner or operator shall request the adjustment provided for in 3.9.9.2 and 3.9.9.3 of this regulation each time the owner or operator wishes to change an applicable time period or postmark deadline specified in 40 CFR Part 63 or this regulation.
3.9.9.2 Notwithstanding time periods or postmark deadlines specified in 40 CFR Part 63 or this regulation for the submittal of information to the Department by an owner or operator, or the review of such information by the Department, such time periods or deadlines may be changed by mutual agreement between the owner or operator and the Department. An owner or operator who wishes to request a change in a time period or postmark deadline for a particular requirement shall request the adjustment in writing as soon as practicable before the subject activity is required to take place. The owner or operator shall include in the request whatever information the owner or operator considers useful to convince the Department that an adjustment is warranted.
3.9.9.3 If, in the Department’s judgment, an owner or operator’s request for an adjustment to a particular time period or postmark deadline is warranted, the Department will approve the adjustment. The Department will notify the owner or operator in writing of approval or disapproval of the request for an adjustment within 15 calendar days of receiving sufficient information to evaluate the request.
3.9.9.4 If the Department is unable to meet a specified deadline, the owner or operator will notify the owner or operator of any significant delay and inform the owner or operator of the amended schedule.
3.9.10 Change in information already provided.
Any change in the information already provided under 3.0 of this regulation shall be provided to the Department in writing within 15 calendar days after the change.
3.10 Recordkeeping and reporting requirements.
3.10.1 Applicability and general information.
3.10.1.1 The applicability of 3.10 of this regulation is set out in 3.1.1.4 of this regulation.
3.10.1.2 For affected sources that have been granted an extension of compliance under Subpart D of 40 CFR Part 63, the requirements in 3.10 of this regulation do not apply to those sources while they are operating under such compliance extensions.
3.10.1.3 The owner or operator may send the Administrator a copy of the report sent to the Department to satisfy the requirements 3.10 of this regulation for that report.
3.10.1.4 Submittal of reports.
3.10.1.4.1 [Reserved]
3.10.1.4.2 The owner or operator of an affected source subject to recordkeeping and reporting requirements established under 40 CFR Part 63 or this regulation shall submit reports to the Department (to the attention of the Program Administrator of Air Quality Management at the address indicated in 3.13 of this regulation). In addition, the owner or operator shall send a copy of each report submitted to the Department to the EPA Region III Office (to the attention of the Director of Air Protection at the address indicated in 3.13 of this regulation). The Regional Office may waive this requirement for any reports at its discretion.
3.10.1.5 The owner or operator may change the dates by which periodic reports under 40 CFR Part 63 or this regulation shall be submitted (without changing the frequency of reporting) by mutual agreement between the owner or operator and the Department. For each relevant standard established pursuant to Section 112 of the Act, the allowance in the previous sentence applies beginning one year after the affected source’s compliance date for that standard. Procedures governing the implementation of this provision are specified in 3.9.9 of this regulation.
3.10.1.6 If an owner or operator supervises one or more stationary sources affected by more than one standard established pursuant to Section 112 of the Act, the owner or operator may arrange by mutual agreement between the owner or operator and the Department a common schedule on which periodic reports required for each source shall be submitted throughout the year. The allowance in the previous sentence applies beginning one year after the latest compliance date for any relevant standard established pursuant to Section 112 of the Act for any such affected sources. Procedures governing the implementation of this provision are specified in 3.9.9 of this regulation.
3.10.1.7 If an owner or operator supervises one or more stationary sources affected by standards established pursuant to Section 112 of the Act (as amended November 15, 1990) and standards set under 40 CFR Part 60, 40 CFR Part 61, or both such parts, the owner or operator may arrange by mutual agreement between the owner or operator and the Department a common schedule on which periodic reports required by each relevant (i.e., applicable) standard shall be submitted throughout the year. The allowance in the previous sentence applies beginning one year after the stationary source is required to be in compliance with the relevant Section 112 standard of the Act, or one year after the stationary source is required to be in compliance with the applicable 40 CFR Part 60 or 40 CFR Part 61 standard, whichever is latest. Procedures governing the implementation of this provision are specified in 3.9.9 of this regulation.
3.10.2 General recordkeeping requirements.
3.10.2.1 The owner or operator of an affected source subject to the provisions of 40 CFR Part 63 or this regulation shall maintain files of all information (including all reports and notifications) required by 40 CFR Part 63 or this regulation recorded in a form suitable and readily available for expeditious inspection and review. The files shall be retained for at least five years following the date of each occurrence, measurement, maintenance, corrective action, report, or record. At a minimum, the most recent two years of data shall be retained on site. The remaining three years of data may be retained off site. Such files may be maintained on microfilm, on a computer, on computer floppy disks, on magnetic tape disks, or on microfiche.
3.10.2.2 The owner or operator of an affected source subject to the provisions of 40 CFR Part 63 or this regulation shall maintain relevant records for such source of--
3.10.2.2.1 The occurrence and duration of each startup, shutdown, or malfunction of operation (i.e., process equipment);
3.10.2.2.2 The occurrence and duration of each malfunction of the required air pollution control and monitoring equipment;
3.10.2.2.3 All required maintenance performed on the air pollution control and monitoring equipment;
3.10.2.2.4 Actions taken during periods of startup, shutdown, or malfunction (including corrective actions to restore malfunctioning process and air pollution control and monitoring equipment to its normal or usual manner of operation) when such actions are different from the procedures specified in the affected source’s startup, shutdown, and malfunction plan (see 3.6.5.3 of this regulation);
3.10.2.2.5 All information necessary to demonstrate conformance with the affected source’s startup, shutdown, and malfunction plan (see 3.6.5.3 of this regulation) when all actions taken during periods of startup, shutdown, or malfunction (including corrective actions to restore malfunctioning process and air pollution control and monitoring equipment to its normal or usual manner of operation) are consistent with the procedures specified in such plan. (The information needed to demonstrate conformance with the startup, shutdown, and malfunction plan may be recorded using a “checklist,” or some other effective form of recordkeeping, in order to minimize the recordkeeping burden for conforming events);
3.10.2.2.6 Each period during which a CMS is malfunctioning or inoperative (including out-of-control periods);
3.10.2.2.7 All required measurements needed to demonstrate compliance with a relevant standard (including, but not limited to, 15-minute averages of CMS data, raw performance testing measurements, and raw performance evaluation measurements, that support data that the source is required to report);
3.10.2.2.7.1 If the owner or operator is required to install a CEMS where the CEMS installed is automated, and where the calculated data averages do not exclude periods of CEMS breakdown or malfunction, an automated CEMS records and reduces the measured data to the form of the pollutant emission standard through the use of a computerized data acquisition system. In lieu of maintaining a file of all CEMS subhourly measurements as required under 3.10.2.2.7 of this regulation, the owner or operator shall retain the most recent consecutive three averaging periods of subhourly measurements and a file that contains a hard copy of the data acquisition system algorithm used to reduce the measured data into the reportable form of the standard.
3.10.2.2.7.2 If the owner or operator is required to install a CEMS where the measured data is manually reduced to obtain the reportable form of the standard, and where the calculated data averages do not exclude periods of CEMS breakdown or malfunction, in lieu of maintaining a file of all CEMS subhourly measurements as required under 3.10.2.2.7 of this regulation, the owner or operator shall retain all subhourly measurements for the most recent reporting period. The subhourly measurements shall be retained for 120 days from the date of the most recent summary or excess emission report submitted to the Department.
3.10.2.2.7.3 The Department, upon notification to the source, may require the owner or operator to maintain all measurements as required by in 3.10.2.2.7 of this regulation, if the Department determines these records are required to more accurately assess the compliance status of the affected source.
3.10.2.2.8 All results of performance tests, CMS performance evaluations, and opacity and visible emission observations;
3.10.2.2.9 All measurements as may be necessary to determine the conditions of performance tests and performance evaluations;
3.10.2.2.10 All CMS calibration checks;
3.10.2.2.11 All adjustments and maintenance performed on CMS;
3.10.2.2.12 Any information demonstrating whether a source is meeting the requirements for a waiver of recordkeeping or reporting requirements under this regulation, if the source has been granted a waiver under 3.10.6 of this regulation;
3.10.2.2.13 All emission levels relative to the criterion for obtaining permission to use an alternative to the relative accuracy test, if the source has been granted such permission under 3.8.6.6 of this regulation; and
3.10.2.2.14 All documentation supporting initial notifications and notifications of compliance status under 3.9 of this regulation.
3.10.2.3 Recordkeeping requirement for applicability determinations.
If an owner or operator determines that the owner or operator’s stationary source that emits (or has the potential to emit, without considering controls) one or more hazardous air pollutants regulated by any standard established pursuant to Section 112(d) or (f) of the Act, and that stationary source is in the source category regulated by the relevant standard, but that source is not subject to the relevant standard (or other requirement established under 40 CFR Part 63 or this regulation) because of limitations on the source’s potential to emit or an exclusion, the owner or operator shall keep a record of the applicability determination on site at the source for the life of the source or until the source changes its operations to become an affected source, whichever comes first. The record of the applicability determination shall be signed by the person making the determination and include an analysis (or other information) that demonstrates why the owner or operator believes the source is unaffected (e.g., because the source is an area source). The analysis (or other information) shall be sufficiently detailed to allow the Department to make a finding about the source’s applicability status with regard to the relevant standard or other requirement. If relevant, the analysis shall be performed in accordance with requirements established in relevant subparts of 40 CFR Part 63 or sections in this regulation for this purpose for particular categories of stationary sources. If relevant, the analysis should be performed in accordance with EPA guidance materials published to assist sources in making applicability determinations under Section 112 of the Act, if any. The requirements to determine applicability of a standard under 3.1.2.3 of this regulation and to record the results of that determination under 3.10.2.3 of this regulation shall not by themselves create an obligation for the owner or operator to obtain a Title V permit.
3.10.3 Additional recordkeeping requirements for sources with CMS.
In addition to complying with the requirements specified in 3.10.2.1 and 2.10.2.2 of this regulation, the owner or operator of an affected source required to install a CMS by a relevant standard shall maintain records for such source of--
3.10.3.1 All required CMS measurements (including monitoring data recorded during unavoidable CMS breakdowns and out-of-control periods);
3.10.3.2 [Reserved]
3.10.3.3 [Reserved]
3.10.3.4 [Reserved]
3.10.3.5 The date and time identifying each period during which the CMS was inoperative except for zero (low-level) and high-level checks;
3.10.3.6 The date and time identifying each period during which the CMS was out-of-control, as defined in 3.8.3.7 of this regulation;
3.10.3.7 The specific identification (i.e., the date and time of commencement and completion) of each time period of excess emissions and parameter monitoring exceedances, as defined in the relevant standards, that occurs during startups, shutdowns, or malfunctions of the affected source;
3.10.3.8 The specific identification (i.e., the date and time of commencement and completion) of each time period of excess emissions and parameter monitoring exceedances, as defined in the relevant standards, that occurs during periods other than startups, shutdowns, or malfunctions of the affected source;
3.10.3.9 [Reserved]
3.10.3.10 The nature and cause of any malfunction (if known);
3.10.3.11 The corrective action taken or preventive measures adopted;
3.10.3.12 The nature of the repairs or adjustments to the CMS that was inoperative or out-of-control;
3.10.3.13 The total process operating time during the reporting period; and
3.10.3.14 All procedures that are part of a quality control program developed and implemented for CMS under 3.8.4 of this regulation.
3.10.3.15 In order to satisfy the requirements in 3.10.3.10 through 3.10.3.12 of this regulation and to avoid duplicative recordkeeping efforts, the owner or operator may use the affected source’s startup, shutdown, and malfunction plan or records kept to satisfy the recordkeeping requirements of the startup, shutdown, and malfunction plan specified in 3.6.5 of this regulation, provided that such plan and records adequately address the requirements in 3.10.3.10 through 3.10.3.12 of this regulation.
3.10.4 General reporting requirements.
3.10.4.1 Notwithstanding the requirements in 3.10.4 or 3.10.5 of this regulation, the owner or operator of an affected source subject to reporting requirements under 40 CFR Part 63 or this regulation shall submit reports to the Department in accordance with the reporting requirements in the relevant standards.
3.10.4.2 Reporting results of performance tests.
Before a Title V permit has been issued to the owner or operator of an affected source, the owner or operator shall report the results of any performance test under 3.7 of this regulation to the Department. After a Title V permit has been issued to the owner or operator of an affected source, the owner or operator shall report the results of a required performance test to the Department. The owner or operator of an affected source shall report the results of the performance test to the Department before the close of business on the 60th day following the completion of the performance test, unless specified otherwise in a relevant standard or as approved otherwise in writing by the Department. The results of the performance test shall be submitted as part of the notification of compliance status required under 3.9.8 of this regulation.
3.10.4.3 Reporting results of opacity or visible emission observations.
The owner or operator of an affected source required to conduct opacity or visible emission observations by a relevant standard shall report the opacity or visible emission results (produced using Method 9 or Method 22 in Appendix A of 40 CFR Part 60, or an approved alternative to these test methods) along with the results of the performance test required under 3.7 of this regulation. If no performance test is required, or if visibility or other conditions prevent the opacity or visible emission observations from being conducted concurrently with the performance test required under 3.7 of this regulation, the owner or operator shall report the opacity or visible emission results before the close of business on the 30th day following the completion of the opacity or visible emission observations.
3.10.4.4 Progress reports.
The owner or operator of an affected source who is required to submit progress reports as a condition of receiving an extension of compliance under 3.6.9 of this regulation shall submit such reports to the Department by the dates specified in the written extension of compliance.
3.10.4.5 Startup, shutdown, and malfunction reports.
3.10.4.5.1 Periodic startup, shutdown, and malfunction reports.
If actions taken by an owner or operator during a startup, shutdown, or malfunction of an affected source (including actions taken to correct a malfunction) are consistent with the procedures specified in the source’s startup, shutdown, and malfunction plan (see 3.6.5.3 of this regulation), the owner or operator shall state such information in a startup, shutdown, and malfunction report. Such a report shall identify any instance where any action taken by an owner or operator during a startup, shutdown, or malfunction (including actions taken to correct a malfunction) is not consistent with the affected source’s startup, shutdown, and malfunction plan, but the source does not exceed any applicable emission limitation in the relevant emission standard. Such a report shall also include the number, duration, and a brief description for each type of malfunction which occurred during the reporting period and which caused or may have caused any applicable emission limitation to be exceeded. Reports shall only be required if a startup, shutdown, or malfunction occurred during the reporting period. The startup, shutdown, and malfunction report shall consist of a letter, containing the name, title, and signature of the owner or operator or other responsible official who is certifying its accuracy, that shall be submitted to the Department semiannually (or on a more frequent basis if specified otherwise in a relevant standard or as established otherwise by the Department in the source’s Title V permit). The startup, shutdown, and malfunction report shall be delivered or postmarked by the 30th day following the end of each calendar half (or other calendar reporting period, as appropriate). If the owner or operator is required to submit excess emissions and continuous monitoring system performance (or other periodic) reports under 40 CFR Part 63 or this regulation, the startup, shutdown, and malfunction reports required under this paragraph may be submitted simultaneously with the excess emissions and continuous monitoring system performance (or other) reports. If startup, shutdown, and malfunction reports are submitted with excess emissions and continuous monitoring system performance (or other periodic) reports, and the owner or operator receives approval to reduce the frequency of reporting for the latter under 3.10.5 of this regulation, the frequency of reporting for the startup, shutdown, and malfunction reports also may be reduced if the Department does not object to the intended change. The procedures to implement the allowance in the preceding sentence shall be the same as the procedures specified in 3.10.5.3 of this regulation.
3.10.4.5.2 Immediate startup, shutdown, and malfunction reports.
Notwithstanding the allowance to reduce the frequency of reporting for periodic startup, shutdown, and malfunction reports under 3.10.4.5.1 of this regulation, any time an action taken by an owner or operator during a startup, shutdown, or malfunction (including actions taken to correct a malfunction) is not consistent with the procedures specified in the affected source’s startup, shutdown, and malfunction plan, and the source exceeds any applicable emission limitation in the relevant emission standard, the owner or operator shall report the actions taken for that event within two working days after commencing actions inconsistent with the plan followed by a letter within seven working days after the end of the event. The immediate report required in 3.10.4.5.2 of this regulation shall consist of a telephone call (or facsimile (FAX) transmission) to the Department within two working days after commencing actions inconsistent with the plan, and it shall be followed by a letter, delivered or postmarked within seven working days after the end of the event, that contains the name, title, and signature of the owner or operator or other responsible official who is certifying its accuracy, explaining the circumstances of the event, the reasons for not following the startup, shutdown, and malfunction plan, and describing all excess emissions, parameter monitoring exceedances, or both which are believed to have occurred. Notwithstanding the requirements of the previous sentence, the owner or operator may make alternative reporting arrangements, in advance, with the Department. Procedures governing the arrangement of alternative reporting requirements under 3.10.4.5.2 of this regulation are specified in 3.9.9 of this regulation.
3.10.5 Additional reporting requirements for sources with CMS.
3.10.5.1 General.
When more than one CEMS is used to measure the emissions from one affected source (e.g., multiple breechings, multiple outlets), the owner or operator shall report the results as required for each CEMS.
3.10.5.2 Reporting results of CMS performance evaluations.
3.10.5.2.1 The owner or operator of an affected source required to install a CMS by a relevant standard shall furnish the Department a copy of a written report of the results of the CMS performance evaluation, as required under 3.8.5 of this regulation, simultaneously with the results of the performance test required under 3.7 of this regulation, unless otherwise specified in the relevant standard.
3.10.5.2.2 The owner or operator of an affected source using a COMS to determine opacity compliance during any performance test required under 3.7 of this regulation shall furnish the Department two or, upon request, three copies of a written report of the results of the COMS performance evaluation conducted under 3.8.5 of this regulation. The copies shall be furnished at least 15 calendar days before the performance test required under 3.7 of this regulation is conducted.
3.10.5.3 Excess emissions and continuous monitoring system performance report and summary report.
3.10.5.3.1 Excess emissions and parameter monitoring exceedances are defined in relevant standards. The owner or operator of an affected source required to install a CMS by a relevant standard shall submit an excess emissions and continuous monitoring system performance report, a summary report, or both to the Department semiannually, except when--
3.10.5.3.1.1 More frequent reporting is specifically required by a relevant standard or
3.10.5.3.1.2 The Department determines on a case-by-case basis that more frequent reporting is necessary to accurately assess the compliance status of the source.
3.10.5.3.1.3 [Reserved]
3.10.5.3.2 Request to reduce frequency of excess emissions and continuous monitoring system performance reports.
Notwithstanding the frequency of reporting requirements specified in 3.10.5.3.1 of this regulation, an owner or operator who is required by a relevant standard to submit excess emissions and continuous monitoring system performance (and summary) reports on a quarterly (or more frequent) basis may reduce the frequency of reporting for that standard to semiannual if the following conditions are met:
3.10.5.3.2.1 For one full year (e.g., four quarterly or 12 monthly reporting periods) the affected source’s excess emissions and continuous monitoring system performance reports continually demonstrate that the source is in compliance with the relevant standard;
3.10.5.3.2.2 The owner or operator continues to comply with all recordkeeping and monitoring requirements specified in 3.0 of this regulation and the relevant standard; and
3.10.5.3.2.3 The Department does not object to a reduced frequency of reporting for the affected source, as provided in 3.10.5.3.3 of this regulation.
3.10.5.3.3 The frequency of reporting of excess emissions and continuous monitoring system performance (and summary) reports required to comply with a relevant standard may be reduced only after the owner or operator notifies the Department in writing of the owner or operator’s intention to make such a change and the Department does not object to the intended change. In deciding whether to approve a reduced frequency of reporting, the Department may review information concerning the source’s entire previous performance history during the five-year recordkeeping period prior to the intended change, including performance test results, monitoring data, and evaluations of an owner or operator’s conformance with operation and maintenance requirements. Such information may be used by the Department to make a judgment about the source’s potential for noncompliance in the future. If the Department disapproves the owner or operator’s request to reduce the frequency of reporting, the Department will notify the owner or operator in writing within 45 days after receiving notice of the owner or operator’s intention. The notification from the Department to the owner or operator will specify the grounds on which the disapproval is based. In the absence of a notice of disapproval within 45 days, approval is automatically granted.
3.10.5.3.4 As soon as CMS data indicate that the source is not in compliance with any emission limitation or operating parameter specified in the relevant standard, the frequency of reporting shall revert to the frequency specified in the relevant standard, and the owner or operator shall submit an excess emissions and continuous monitoring system performance (and summary) report for the noncomplying emission points at the next appropriate reporting period following the noncomplying event. After demonstrating ongoing compliance with the relevant standard for another full year, the owner or operator may again request approval from the Department to reduce the frequency of reporting for that standard, as provided for in 3.10.5.3.2 and 3.10.5.3.3 of this regulation.
3.10.5.3.5 Content and submittal dates for excess emissions and monitoring system performance reports.
All excess emissions and monitoring system performance reports and all summary reports, if required, shall be delivered or postmarked by the 30th day following the end of each calendar half or quarter, as appropriate. Written reports of excess emissions or exceedances of process or control system parameters shall include all the information required in 3.10.3.5 through 3.10.3.13 of this regulation, in 3.8.3.7 and 3.8.3.8 of this regulation, and in the relevant standard, and they shall contain the name, title, and signature of the responsible official who is certifying the accuracy of the report. When no excess emissions or exceedances of a parameter have occurred, or a CMS has not been inoperative, out-of-control, repaired, or adjusted, such information shall be stated in the report.
3.10.5.3.6 Summary report.
As required under 3.10.5.3.7 and 3.10.5.3.8 of this regulation, one summary report shall be submitted for the hazardous air pollutants monitored at each affected source (unless the relevant standard specifies that more than one summary report is required, e.g., one summary report for each hazardous air pollutant monitored). The summary report shall be entitled “Summary Report--Gaseous and Opacity Excess Emission and Continuous Monitoring System Performance” and shall contain the following information:
3.10.5.3.6.1 The company name and address of the affected source;
3.10.5.3.6.2 An identification of each hazardous air pollutant monitored at the affected source;
3.10.5.3.6.3 The beginning and ending dates of the reporting period;
3.10.5.3.6.4 A brief description of the process units;
3.10.5.3.6.5 The emission and operating parameter limitations specified in the relevant standards;
3.10.5.3.6.6 The monitoring equipment manufacturers and model numbers;
3.10.5.3.6.7 The date of the latest CMS certification or audit;
3.10.5.3.6.8 The total operating time of the affected source during the reporting period;
3.10.5.3.6.9 An emission data summary (or similar summary if the owner or operator monitors control system parameters), including the total duration of excess emissions during the reporting period (recorded in minutes for opacity and hours for gases), the total duration of excess emissions expressed as a percent of the total source operating time during that reporting period, and a breakdown of the total duration of excess emissions during the reporting period into those that are due to startup/shutdown, control equipment problems, process problems, other known causes, and other unknown causes;
3.10.5.3.6.10 A CMS performance summary (or similar summary if the owner or operator monitors control system parameters), including the total CMS downtime during the reporting period (recorded in minutes for opacity and hours for gases), the total duration of CMS downtime expressed as a percent of the total source operating time during that reporting period, and a breakdown of the total CMS downtime during the reporting period into periods that are due to monitoring equipment malfunctions, nonmonitoring equipment malfunctions, quality assurance/quality control calibrations, other known causes, and other unknown causes;
3.10.5.3.6.11 A description of any changes in CMS, processes, or controls since the last reporting period;
3.10.5.3.6.12 The name, title, and signature of the responsible official who is certifying the accuracy of the report; and
3.10.5.3.6.13 The date of the report.
3.10.5.3.7 If the total duration of excess emissions or process or control system parameter exceedances for the reporting period is less than 1% of the total operating time for the reporting period, and CMS downtime for the reporting period is less than 5% of the total operating time for the reporting period, only the summary report shall be submitted, and the full excess emissions and continuous monitoring system performance report need not be submitted unless required by the Department.
3.10.5.3.8 If the total duration of excess emissions or process or control system parameter exceedances for the reporting period is 1% or greater of the total operating time for the reporting period, or the total CMS downtime for the reporting period is 5% or greater of the total operating time for the reporting period, both the summary report and the excess emissions and continuous monitoring system performance report shall be submitted.
3.10.5.4 Reporting COMS data produced during a performance test.
The owner or operator of an affected source required to use a COMS shall record the monitoring data produced during a performance test required under 3.7 of this regulation and shall furnish the Department a written report of the monitoring results. The report of COMS data shall be submitted simultaneously with the report of the performance test results required in 3.10.4.2 of this regulation.
3.10.6 Waiver of recordkeeping or reporting requirements.
3.10.6.1 Until a waiver of a recordkeeping or reporting requirement has been granted by the Department under 3.10.6 of this regulation, the owner or operator of an affected source remains subject to the requirements in 3.10 of this regulation.
3.10.6.2 Recordkeeping or reporting requirements may be waived upon written application to the Department if, in the Department’s judgment, the affected source is achieving the relevant standards, or the source is operating under an extension of compliance, or the owner or operator has requested an extension of compliance and the Department is still considering that request.
3.10.6.3 If an application for a waiver of recordkeeping or reporting is made, the application shall accompany the request for an extension of compliance under 3.6.9 of this regulation, any required compliance progress report or compliance status report required under 40 CFR Part 63 or this regulation (such as under 3.6.9 and 3.9.8 of this regulation) or in the source’s Title V permit, or an excess emissions and continuous monitoring system performance report required under 3.10.5 of this regulation, whichever is applicable. The application shall include whatever information the owner or operator considers useful to convince the Department that a waiver of recordkeeping or reporting is warranted.
3.10.6.4 The Department will approve or deny a request for a waiver of recordkeeping or reporting requirements under 3.10.6 of this regulation when it--
3.10.6.4.1 Approves or denies an extension of compliance;
3.10.6.4.2 Makes a determination of compliance following the submission of a required compliance status report or excess emissions and continuous monitoring systems performance report; or
3.10.6.4.3 Makes a determination of suitable progress towards compliance following the submission of a compliance progress report, whichever is applicable.
3.10.6.5 A waiver of any recordkeeping or reporting requirement granted under 3.10.6 of this regulation may be conditioned on other recordkeeping or reporting requirements deemed necessary by the Department.
3.10.6.6 Approval of any waiver granted under 3.10.6 of this regulation shall not abrogate the Administrator’s authority under the Act or the Department’s authority under 7 Del.C., Ch 60 or in any way prohibit the Department from later canceling the waiver. The cancellation will be made only after notice is given to the owner or operator of the affected source.
3.11 Control device requirements.
3.11.1 Applicability.
The applicability of 3.11 of this regulation is set out in 3.1.1.4 of this regulation.
3.11.2 Flares.
3.11.2.1 Owners or operators using flares to comply with the provisions of 40 CFR Part 63 or this regulation shall monitor these control devices to assure that they are operated and maintained in conformance with their designs. Applicable emission standards will provide provisions stating how owners or operators using flares shall monitor these control devices.
3.11.2.2 Flares shall be steam‑assisted, air‑assisted, or non‑assisted.
3.11.2.3 Flares shall be operated at all times when emissions may be vented to them.
3.11.2.4 Flares shall be designed for and operated with no visible emissions, except for periods not to exceed a total of five minutes during any two consecutive hours. Method 22 in Appendix A of 40 CFR Part 60 shall be used to determine the compliance of flares with the visible emission provisions of this regulation. The observation period is two hours and shall be used according to Method 22.
3.11.2.5 Flares shall be operated with a flame present at all times. The presence of a flare pilot flame shall be monitored using a thermocouple or any other equivalent device to detect the presence of a flame.
3.11.2.6 An owner or operator has the choice of adhering to the heat content specifications in 3.11.2.6.2 of this regulation, and the maximum tip velocity specifications in 3.11.2.7 or 3.11.2.8 of this regulation, or adhering to the requirements in 3.11.2.6.1 of this regulation.
3.11.2.6.1 Alternative flare requirements.
3.11.2.6.1.1 Flares shall be used that have a diameter of three inches or greater, are nonassisted, have a hydrogen content of 8.0% (by volume) or greater, and are designed for and operated with an exit velocity less than 37.2 m/sec (122 ft/sec) and less than the maximum permitted velocity (Vmax) as determined by the following equation:
Vmax = (XH2 – K1) * K2 (3-1)
where:
Vmax = Maximum permitted velocity, m/sec.
K1 = Constant, 6.0 volume‑percent hydrogen.
K2 = Constant, 3.9 (m/sec)/volume‑percent hydrogen.
XH2 = The volume‑percent of hydrogen, on a wet basis, as calculated by using the American Society for Testing and Materials (ASTM) Method D1946‑77. (Incorporated by reference as specified in 2.14 of this regulation).
3.11.2.6.1.2 The actual exit velocity of a flare shall be determined by the method specified in 3.11.2.7.1 of this regulation.
3.11.2.6.2 Flares shall be used only with the net heating value of the gas being combusted at 11.2 MJ/scm (300 Btu/scf) or greater if the flare is steam‑assisted or air‑assisted; or with the net heating value of the gas being combusted at 7.46 MJ/scm (200 Btu/scf) or greater if the flare is non‑assisted. The net heating value of the gas being combusted in a flare shall be calculated using the following equation:
(3-2)
where:
Ht = Net heating value of the sample, MJ/scm; where the net enthalpy per mole of off-gas is based on combustion at 25oC and 760 mm Hg, but the standard temperature for determining the volume corresponding to one mole is 20oC.
K = Constant = 1.740x10-7 (1/ppmv) (g-mole/scm) (MJ/kcal) where the standard temperature for (g‑mole/scm) is 20 oC.
Ci = Concentration of sample component i in ppmv on a wet basis, as measured for organics by Method 18 in Appendix A of 40 CFR Part 60 and measured for hydrogen and carbon monoxide by American Society for Testing and Materials (ASTM) D1946–77 or 90 (Reapproved 1994) (incorporated by reference as specified in 3.14 of this regulation).
Hi = Net heat of combustion of sample component i, kcal/g‑mole at 25oC and 760 mm Hg. The heats of combustion may be determined using ASTM D2382‑76 or 88 or D4809-95 (incorporated by reference as specified in 3.14 of this regulation) if published values are not available or cannot be calculated.
n = Number of sample components.
3.11.2.7 Steam-assisted and nonassisted flare design.
3.11.2.7.1 Steam‑assisted and nonassisted flares shall be designed for and operated with an exit velocity less than 18.3 m/sec (60 ft/sec), except as provided in 3.11.2.7.2 and 3.11.2.7.3 of this regulation. The actual exit velocity of a flare shall be determined by dividing by the volumetric flow rate of gas being combusted (in units of emission standard temperature and pressure), as determined by Method 2, 2A, 2C, or 2D in Appendix A of 40 CFR Part 60, as appropriate, by the unobstructed (free) cross‑sectional area of the flare tip.
3.11.2.7.2 Steam‑assisted and nonassisted flares designed for and operated with an exit velocity, as determined by the method specified in 3.11.2.7.1 of this regulation, equal to or greater than 18.3 m/sec (60 ft/sec) but less than 122 m/sec (400 ft/sec), are allowed if the net heating value of the gas being combusted is greater than 37.3 MJ/scm (1,000 Btu/scf).
3.11.2.7.3 ‘‘Steam‑assisted and nonassisted flares designed for and operated with an exit velocity, as determined by the method specified in 3.11.2.7.1 of this regulation, less than the maximum permitted velocity (Vmax), as determined by the method specified in 3.11.2.7.3 of this regulation, but less than 122 m/sec (400 ft/sec) are allowed. The maximum permitted velocity (Vmax) for flares complying with 3.11.2.7.3 of this regulation shall be determined by the following equation:
Log10 (Vmax) = (Ht + 28.8)/31.7 (3-3)
where:
Vmax = Maximum permitted velocity, m/sec.
28.8 = Constant.
31.7 = Constant.
Ht = The net heating value as determined in 3.11.2.6 of this regulation.
3.11.2.8 Air‑assisted flares shall be designed and operated with an exit velocity less than the maximum permitted velocity (Vmax). The maximum permitted velocity (Vmax) for air‑assisted flares shall be determined by the following equation:
Vmax = 8.71 + 0.708 * Ht (3-4)
where:
Vmax = Maximum permitted velocity, m/sec.
8.71 = Constant.
0.708 = Constant.
Ht = The net heating value as determined in 3.11.2.6.2 of this regulation.
3.12 State authority and delegations.
3.12.1 The provisions of 40 CFR Part 63 shall not be construed in any manner to preclude the Department from‑-
3.12.1.1 Adopting and enforcing any standard, limitation, prohibition, or other regulation applicable to an affected source subject to the requirements of this regulation, provided that such standard, limitation, prohibition, or regulation is not less stringent than any requirement applicable to such source established under 40 CFR Part 63;
3.12.1.2 Requiring the owner or operator of an affected source to obtain permits, licenses, or approvals prior to initiating construction, reconstruction, modification, or operation of such source; or
3.12.1.3 Requiring emission reductions in excess of those specified in Subpart D of 40 CFR Part 63 as a condition for granting the extension of compliance authorized by Section 112(i)(5) of the Act.
3.12.2 Delegation.
3.12.2.1 Section 112(l) of the Act directs the Administrator to delegate to each State, when appropriate, the authority to implement and enforce standards and other requirements pursuant to Section 112 of the Act for stationary sources located in that State. Because of the unique nature of radioactive material, delegation of authority to implement and enforce standards that control radionuclides may require separate approval.
3.12.2.2 Subpart E of 40 CFR Part 63 establishes procedures consistent with Section 112(l) of the Act for the approval of State rules or programs to implement and enforce applicable Federal rules promulgated under the authority of Section 112 of the Act. Subpart E of 40 CFR Part 63 also establishes procedures for the review and withdrawal of Section 112 implementation and enforcement authorities granted through a Section 112(l) approval.
3.12.3 All information required to be submitted to the EPA under 40 CFR Part 63 also shall be submitted to the Department, provided that each specific delegation may exempt sources from a certain Federal or State reporting requirement. The Administrator may permit all or some of the information to be submitted to the Department only, instead of to the EPA and the Department.
3.13 Addresses of State air pollution control agencies and EPA Regional Offices.
3.13.1 All requests, reports, applications, submittals, and other communications to the Administrator pursuant to 40 CFR Part 63 or this regulation shall be submitted to the following address.
EPA Region III
Director, Air Protection Division
1650 Arch Street
Philadelphia, PA 19103
3.13.2 All information required to be submitted to the Department under 40 CFR Part 63 or this regulation shall be submitted to the Department at the following address.
Delaware Department of Natural Resources and Environmental Control
Program Administrator, Air Quality Management Section
Division of Air and Waste Management
156 S. State Street
Dover, DE 19901
3.13.3 An owner or operator may send the EPA Region III Office a copy of any application, notification, request, report, statement, or other communication required by the Department in this regulation to satisfy the requirements of 40 CFR Part 63 for that communication.
3.14 Incorporations by reference.
3.14.1 The materials listed in 3.14 of this regulation are incorporated by reference. These materials are incorporated as they exist on the date of the approval by the Director of the Federal Register, and notice of any change in these materials will be published in the Federal Register. The materials are available for purchase at the corresponding addresses noted below, and all are available for inspection at the National Archives and Records Administration (NARA), at the Air and Radiation Docket and Information Center, U.S. EPA, 401 M St., SW., Washington, DC, and at the EPA Library (MD-35), U.S. EPA, Research Triangle Park, North Carolina. For information on the availability of this material at NARA, call 202–741–6030, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
3.14.2 The following materials are available for purchase from at least one of the following addresses: American Society for Testing and Materials (ASTM), 100 Barr Harbor Drive, Post Office Box C700, West Conshohocken, PA 19428-2959; or ProQuest, 300 North Zeeb Road, Ann Arbor, MI 48106.
3.14.2.1 ASTM D523-89, Standard Test Method for Specular Gloss, IBR approved for Sec. 63.782.
3.14.2.2 ASTM D1193-77, 91, Standard Specification for Reagent Water, IBR approved for Appendix A: Method 306, Sections 6.1.1 and 6.4.2.
3.14.2.3 ASTM D1331-89, Standard Test Methods for Surface and Interfacial Tension of Solutions of Surface Active Agents, IBR approved for Appendix A: Method 306B, Sections 5.2, 11.1, and 11.2.2.
3.14.2.4 ASTM D1475-90, Standard Test Method for Density of Paint, Varnish Lacquer, and Related Products, IBR approved for Sec. 63.788, Appendix A.
3.14.2.5 ASTM D1946-77, 90, 94, Standard Method for Analysis of Reformed Gas by Gas Chromatography, IBR approved for 3.11.2.6 of this regulation.
3.14.2.6 ASTM D2369-93, 95, Standard Test Method for Volatile Content of Coatings, IBR approved for Sec. 63.788, Appendix A.
3.14.2.7 ASTM D3382-76, 88, Heat of Combustion of Hydrocarbon Fuels by Bomb Calorimeter (High-Precision Method), IBR approved for 3.11.2.6 of this regulation.
3.14.2.8 ASTM D2879-83, 96, Test Method for Vapor Pressure-Temperature Relationship and Initial Decomposition Temperature of Liquids by Isoteniscope, IBR approved for Sec. 63.111 of Subpart G.
3.14.2.9 ASTM D3257-93, Standard Test Methods for Aromatics in Mineral Spirits by Gas Chromatography, IBR approved for Sec. 63.786(b).
3.14.2.10 ASTM 3695-88, Standard Test Method for Volatile Alcohols in Water by Direct Aqueous-Injection Gas Chromatography, IBR approved for Sec. 63.365(e)(1) of Subpart O.
3.14.2.11 ASTM D3792-91, Standard Method for Water Content of Water-Reducible Paints by Direct Injection into a Gas Chromatograph, IBR approved for Sec. 63.788, Appendix A.
3.14.2.12 ASTM D3912-80, Standard Test Method for Chemical Resistance of Coatings Used in Light-Water Nuclear Power Plants, IBR approved for Sec. 63.782.
3.14.2.13 ASTM D4017-90, 96a, Standard Test Method for Water in Paints and Paint Materials by the Karl Fischer Titration Method, IBR approved for Sec. 63.788, Appendix A.
3.14.2.14 ASTM D4082-89, Standard Test Method for Effects of Gamma Radiation on Coatings for Use in Light-Water Nuclear Power Plants, IBR approved for Sec. 63.782.
3.14.2.15 ASTM D4256-89, 94, Standard Test Method for Determination of the Decontaminability of Coatings Used in Light-Water Nuclear Power Plants, IBR approved for Sec. 63.782.
3.14.2.16 ASTM D4809-95, Standard Test Method for Heat of Combustion of Liquid Hydrocarbon Fuels by Bomb Calorimeter (Precision Method), IBR approved for 3.11.2.6 of this regulation.
3.14.2.17 ASTM E180-93, Standard Practice for Determining the Precision of ASTM Methods for Analysis and Testing of Industrial Chemicals, IBR approved for Sec. 63.786(b).
3.14.2.18 ASTM E260-91, 96, General Practice for Packed Column Gas Chromatography, IBR approved for Sec. 63.750(b)(2) and Sec. 63.786(b)(5).
3.14.2.19 [Reserved]
3.14.2.20 [Reserved]
3.14.2.21 ASTM D2099-00, Standard Test Method for Dynamic Water Resistance of Shoe Upper Leather by the Maeser Water Penetration Tester, IBR approved for Sec. 63.5350.
3.14.2.22 [Reserved]
3.14.2.23 [Reserved]
3.14.2.24 ASTM D2697-86(1998) (Reapproved 1998), Standard Test Method for Volume Nonvolatile Matter in Clear or Pigmented Coatings, IBR approved for Sec. 63.5160(c).
3.14.2.25 ASTM D6093-97, Standard Test Method for Percent Volume Nonvolatile Matter in Clear or Pigmented Coatings Using a Helium Gas Pycnometer, IBR approved for Sec. 63.5160(c).
3.14.3 The materials listed below are available for purchase from the American Petroleum Institute (API), 1220 L Street, NW., Washington, DC 20005.
3.14.3.1 API Publication 2517, Evaporative Loss from External Floating-Roof Tanks, Third Edition, February 1989, IBR approved for Sec. 63.111 of Subpart G of 40 CFR Part 63.
3.14.3.2 API Publication 2518, Evaporative Loss from Fixed-roof Tanks, Second Edition, October 1991, IBR approved for Sec. 63.150(g)(3)(i)(C) of Subpart G of 40 CFR Part 63.
3.14.3.3 API Manual of Petroleum Measurement Specifications (MPMS) Chapter 19.2, Evaporative Loss From Floating-Roof Tanks (formerly API Publications 2517 and 2519), First Edition, April 1997, IBR approved for Sec. 63.1251 of Subpart GGG of 40 CFR Part 63.
3.14.4 State and Local Requirements.
The materials listed below are available at the Air and Radiation Docket and Information Center, U.S. EPA, 401 M St., SW., Washington, DC. Additionally, the California South Coast Air Quality Management District materials are available at http://www.aqmd.gov/permit/spraytransferefficiency.html.
3.14.4.1 California Regulatory Requirements Applicable to the Air Toxics Program, January 5, 1999, IBR approved for Sec. 63.99(a)(5)(ii) of Subpart E of 40 CFR Part 63.
3.14.4.2 New Jersey’s Toxic Catastrophe Prevention Act Program, (July 20, 1998), Incorporation By Reference approved for Sec. 63.99 (a)(30)(i) of Subpart E of 40 CFR Part 63.
3.14.4.3 Delaware.
3.14.4.3.1 Letter of June 7, 1999 to the U.S. Environmental Protection Agency Region 3 from the Delaware Department of Natural Resources and Environmental Control requesting formal full delegation to take over primary responsibility for implementation and enforcement of the Chemical Accident Prevention Program under Section 112(r) of the Clean Air Act Amendments of 1990.
3.14.4.3.2 Delaware Department of Natural Resources and Environmental Control, Division of Air and Waste Management, Accidental Release Prevention Regulation, Sections 1 through 5 and Sections 7 through 14, effective January 11, 1999, IBR approved for Sec. 63.99(a)(8)(i) of Subpart E of 40 CFR Part 63.
3.14.4.3.3 State of Delaware Regulations Governing the Control of Air Pollution (October 2000), IBR approved for Sec. 63.99(a)(8)(ii)-(v) of Subpart E of 40 CFR Part 63.
3.14.5 The materials listed below are available for purchase from the National Institute of Standards and Technology, Springfield, VA 22161, (800) 553-6847.
3.14.5.1 Handbook 44, Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices 1998, IBR approved for Sec. 63.1303(e)(3).
3.14.5.2 [Reserved]
3.14.6 The following material is available from the National Council of the Paper Industry for Air and Stream Improvement, Inc. (NCASI), P. O. Box 133318, Research Triangle Park, NC 27709-3318 or at http://www.ncasi.org: NCASI Method DI/MEOH-94.02, Methanol in Process Liquids GC/FID (Gas Chromatography/Flame Ionization Detection), August 1998, Methods Manual, NCASI, Research Triangle Park, NC, IBR approved for Sec. 63.457(c)(3)(ii) of Subpart S of 40 CFR Part 63.
3.14.7 The materials listed below are available for purchase from AOAC International, Customer Services, Suite 400, 2200 Wilson Boulevard, Arlington, Virginia, 22201-3301, Telephone (703) 522-3032, Fax (703) 522-5468.
3.14.7.1 AOAC Official Method 978.01 Phosphorus (Total) in Fertilizers, Automated Method, Sixteenth edition, 1995, IBR approved for Sec. 63.626(d)(3)(vi).
3.14.7.2 AOAC Official Method 969.02 Phosphorus (Total) in Fertilizers, Alkalimetric Quinolinium Molybdophosphate Method, Sixteenth edition, 1995, IBR approved for Sec. 63.626(d)(3)(vi).
3.14.7.3 AOAC Official Method 962.02 Phosphorus (Total) in Fertilizers, Gravimetric Quinolinium Molybdophosphate Method, Sixteenth edition, 1995, IBR approved for Sec. 63.626(d)(3)(vi).
3.14.7.4 AOAC Official Method 957.02 Phosphorus (Total) in Fertilizers, Preparation of Sample Solution, Sixteenth edition, 1995, IBR approved for Sec. 63.626(d)(3)(vi).
3.14.7.5 AOAC Official Method 929.01 Sampling of Solid Fertilizers, Sixteenth edition, 1995, IBR approved for Sec. 63.626(d)(3)(vi).
3.14.7.6 AOAC Official Method 929.02 Preparation of Fertilizer Sample, Sixteenth edition, 1995, IBR approved for Sec. 63.626(d)(3)(vi).
3.14.7.7 AOAC Official Method 958.01 Phosphorus (Total) in Fertilizers, Spectrophotometric Molybdovanadophosphate Method, Sixteenth edition, 1995, IBR approved for Sec. 63.626(d)(3)(vi).
3.14.8 The materials listed below are available for purchase from The Association of Florida Phosphate Chemists, P.O. Box 1645, Bartow, Florida, 33830, Book of Methods Used and Adopted By The Association of Florida Phosphate Chemists, Seventh Edition 1991, IBR.
3.14.8.1 Section IX, Methods of Analysis for Phosphate Rock, No. 1 Preparation of Sample, IBR approved for Sec. 63.606(c)(3)(ii) and Sec. 63.626(c)(3)(ii).
3.14.8.2 Section IX, Methods of Analysis for Phosphate Rock, No. 3 Phosphorus--P2O5 or Ca3(PO4)2, Method A-Volumetric Method, IBR approved for Sec. 63.606(c)(3)(ii) and Sec. 63.626(c)(3)(ii).
3.14.8.3 Section IX, Methods of Analysis for Phosphate Rock, No. 3 Phosphorus- P2O5 or Ca3(PO4)2, Method B--Gravimetric Quimociac Method, IBR approved for Sec. 63.606(c)(3)(ii) and Sec. 63.626(c)(3)(ii).
3.14.8.4 Section IX, Methods of Analysis For Phosphate Rock, No. 3 Phosphorus- P2O5 or Ca3(PO4)2, Method C--Spectrophotometric Method, IBR approved for Sec. 63.606(c)(3)(ii) and Sec. 63.626(c)(3)(ii).
3.14.8.5 Section XI, Methods of Analysis for Phosphoric Acid, Superphosphate, Triple Superphosphate, and Ammonium Phosphates, No. 3 Total Phosphorus- P2O5, Method A--Volumetric Method, IBR approved for Sec. 63.606(c)(3)(ii), Sec. 63.626(c)(3)(ii), and Sec. 63.626(d)(3)(v).
3.14.8.6 Section XI, Methods of Analysis for Phosphoric Acid, Superphosphate, Triple Superphosphate, and Ammonium Phosphates, No. 3 Total Phosphorus- P2O5, Method B--Gravimetric Quimociac Method, IBR approved for Sec. 63.606(c)(3)(ii), Sec. 63.626(c)(3)(ii), and Sec. 63.626(d)(3)(v).
3.14.8.7 Section XI, Methods of Analysis for Phosphoric Acid, Superphosphate, Triple Superphosphate, and Ammonium Phosphates, No. 3 Total Phosphorus- P2O5, Method C--Spectrophotometric Method, IBR approved for Sec. 63.606(c)(3)(ii), Sec. 63.626(c)(3)(ii), and Sec. 63.626(d)(3)(v).
3.14.9 ASME standard number QHO-1-1994 and QHO-1a-1996 Addenda. This standard is titled as “Standard for the Qualification and Certification of Hazardous Waste Incinerator Operators.” You may obtain a copy of this document from the American Society of Mechanical Engineers, 345 East 47th Street, New York, N.Y. 10017. You may inspect a copy at the RCRA Information Center, Crystal Gateway One, 1235 Jefferson Davis Highway, Arlington, VA 22202, or at the Office of the Federal Register, 800 North Capitol Street, NW., Suite 700, Washington, DC.
3.14.10 The following material is available for purchase from at least one of the following addresses: ASME International, Orders/Inquiries, P.O. Box 2300, Fairfield, NJ 07007-2300; or Global Engineering Documents, Sales Department, 15 Inverness Way East, Englewood, CO 80112: ANSI/ASME PTC 19.10-1981, Flue and Exhaust Gas Analyses, IBR approved for Sec. 63.5160(d)(1)(iii).
3.15 Availability of information and confidentiality.
3.15.1 Availability of information.
3.15.1.1 With the exception of information protected through Part 2 of Chapter I of Title 40, all reports, records, and other information collected by the Administrator under 40 CFR Part 63 are available to the public. In addition, a copy of each permit application, compliance plan (including the schedule of compliance), notification of compliance status, excess emissions and continuous monitoring systems performance report, and Title V permit is available to the public, consistent with protections recognized in Section 503(e) of the Act.
3.15.1.2 The availability to the public of information provided to or otherwise obtained by the Administrator under 40 CFR Part 63 shall be governed by Part 2 of Chapter I of Title 40.
3.15.2 Confidentiality.
3.15.2.1 If an owner or operator is required to submit information entitled to protection from disclosure under Section 114(c) of the Act, the owner or operator may submit such information separately. The requirements of Section 114(c) of the Act shall apply to such information.
3.15.2.2 The contents of a Title V permit shall not be entitled to protection under Section 114(c) of the Act; however, information submitted as part of an application for a Title V permit may be entitled to protection from disclosure.
3.15.2.3 Any information provided to or otherwise obtained by the Department shall be made available to the public unless it is determined to be confidential under 7 Del.C., Ch 60, §6014 or 29 Del.C., Ch 100, §10002(d).
06/11/2003
4.0 Requirements for Case-By-Case Control Technology Determinations for Major Sources
4.1 Overview of 4.0 of this regulation
The 4.0 of this regulation consists of two separate sets of requirements. One set of requirements, which are included in 4.2 through 4.6 of this regulation, implement the Section 112(g)(2)(B) provisions of the Act. These requirements apply to owners or operators who construct or reconstruct a major source of hazardous air pollutants after June 29, 1998. The Department adopted these requirements into this regulation in April 1998.
The other set of requirements, which are included in 4.12 through 4.18 of this regulation, implement the Section 112(j) provisions of the Act. These requirements apply to owners or operators of any collection of equipment defined in a Section 112(c) (of the Act) source category for which the Administrator has failed to promulgate an emission standard by the Section 112(j) deadline and the collection of equipment is located at a source that is subject to 7 DE Admin. Code 1130.
The 4.7 through 4.11 of this regulation have been reserved.
4.2 Applicability of 4.2 through 4.6 of this regulation.
4.2.1 Applicability.
The requirements of 4.2 through 4.6 of this regulation carry out Section 112(g)(2)(B) of the Act.
4.2.2 Overall requirements.
The requirements of 4.2 through 4.6 of this regulation apply to any owner or operator who constructs or reconstructs a major source of hazardous air pollutants after June 29, 1998 unless the major source in question has been specifically regulated or exempted from regulation under a standard issued pursuant to Section 112(d), Section 112(h), or Section 112(j) of the Act and incorporated in another subpart of 40 CFR Part 63, or the owner or operator of such major source has received all necessary air quality permits for such construction or reconstruction project before June 29, 1998.
4.2.3 Exclusion for electric utility steam generating units.
The requirements in 4.0 of this regulation do not apply to electric utility steam generating units unless and until such time as these units are added to the source category list pursuant to Section 112(c)(5) of the Act.
4.2.4 Relationship to State and local requirements.
Nothing in 4.0 of this regulation shall prevent a state or local agency from imposing more stringent requirements than those contained in this section.
4.2.5 Exclusion for stationary sources in deleted source categories.
The requirements in 4.0 of this regulation do not apply to stationary sources that are within a source category that has been deleted from the source category list pursuant to Section 112(c)(9) of the Act.
4.2.6 Exclusion for research and development activities.
The requirements in 4.2 through 4.6 of this regulation do not apply to research and development activities, as defined in 4.3 of this regulation.
4.3 Definitions.
Unless defined below, all terms in 4.2 through 4.6 of this regulation have the meaning given to them in the Act or in 2.0 of this regulation.
“Affected source” means the stationary source or group of stationary sources which, when fabricated (on site), erected, or installed meets the definition of “construct a major source” or the definition of “reconstruct a major source” contained in 4.3 of this regulation.
“Affected States” are all States:
“Available information” means, for purposes of 4.2 through 4.6 of this regulation, information contained in the following information sources as of the date of issuance of the construction permit which incorporates the final and effective case-by-case MACT determination:
“Construct a major source” means:
Any emission limitations, work practice requirements, or other terms and conditions upon which the above determinations are made by the permitting authority are applicable requirements under Section 504(a) of the Act and under 6.0 of 7 DE Admin. Code 1130 of the State of Delaware “Regulations Governing the Control of Air Pollution” and either have been incorporated into any existing 7 DE Admin. Code 1130 permit for the affected facility or will be incorporated into such permit upon issuance or revision.
“Construction permit” means a construction permit issued pursuant to 7 DE Admin. Code 1102 or 1125 of the State of Delaware “Regulations Governing the Control of Air Pollution”.
“Control technology” means measures, processes, methods, systems, or techniques to limit the emission of hazardous air pollutants in a way that would --
“Electric utility steam generating unit” means any fossil fuel fired combustion unit that serves a generator with a nameplate capacity of more than 25 megawatts that produces electricity for sale. A unit that co-generates steam and electricity and supplies more than one-third of its nameplate electric output capacity and more than 25 megawatts electric output to any utility power distribution system for sale shall be considered an electric utility steam generating unit.
“Greenfield site” means a contiguous area under common control that is an undeveloped site.
“List of Source Categories” means the Source Category List required by Section 112(c) of the Act.
“Maximum achievable control technology (MACT) emission limitation for new sources” means the emission limitation which is not less stringent that the emission limitation achieved in practice by the best controlled similar source, and which reflects the maximum degree of reduction in emissions that the permitting authority, taking into consideration the cost of achieving such emission reduction, and any non-air quality health and environmental impacts and energy requirements, determines is achievable by the constructed or reconstructed major source.
“Permitting authority” means the Department of Natural Resources and Environmental Control as defined in 29 Del.C., Ch 80, as amended.
“Process or production unit” means any collection of structures or equipment, that processes, assembles, applies, or otherwise uses material inputs to produce or store an intermediate or final product. A single facility may contain more than one process or production unit.
“Reconstruct a major source” means the replacement of components at an existing process or production unit that in and of itself emits or has the potential to emit 10 tons per year of any hazardous air pollutant or 25 tons per year of any combination of hazardous air pollutants, whenever:
“Research and development activities” means activities conducted at a research or laboratory facility whose primary purpose is to conduct research and development into new processes and products, where such source is operated under the close supervision of technically trained personnel and is not engaged in the manufacture of products for sale or exchange for commercial profit, except in a de minimis manner.
“Similar source” means a stationary source or process that has comparable emissions and is structurally similar in design and capacity to a constructed or reconstructed major source such that the source could be controlled using the same control technology.
4.4 Program requirements governing construction or reconstruction of major sources.
4.4.1 [Reserved].
4.4.2 [Reserved].
4.4.3 Prohibition.
After June 29, 1998, no person may begin actual construction or reconstruction of a major source of hazardous air pollutants unless:
4.4.3.1 The major source in question has been specifically regulated or exempted from regulation under a standard in 40 CFR Part 63 issued pursuant to Section 112(d), Section 112(h) or Section 112(j) of the Act, and the owner or operator has fully complied with all procedures and requirements for preconstruction review established by that standard, including any applicable requirements set forth in 2.0 of this regulation or
4.4.3.2 The permitting authority has issued a construction permit which incorporates a final and effective case-by-case determination pursuant to the provisions of 4.5 of this regulation; requiring the emissions from the constructed or reconstructed major source to be controlled to a level no less stringent than the maximum achievable control technology emission limitation for new sources.
4.5 Maximum achievable control technology (MACT) determinations for constructed and reconstructed major sources.
4.5.1 Applicability.
The requirements in 4.5 of this regulation apply to an owner or operator who constructs or reconstructs a major source of hazardous air pollutants subject to a case-by-case determination of maximum achievable control technology pursuant to 4.4.3 of this regulation.
4.5.2 Requirements for constructed and reconstructed major sources.
When a case-by-case determination of MACT is required by 4.4.3 of this regulation, the owner or operator shall obtain from the permitting authority an approved MACT determination pursuant to 4.5.3 of this regulation.
4.5.3 Review options.
4.5.3.1 [Reserved].
4.5.3.2 The owner or operator shall follow all procedures in 7 DE Admin. Code 1102 or 1125, as appropriate, except that --
4.5.3.2.1 The provisions of 2.2 of 7 DE Admin. Code 1102 do not apply to any owner or operator that is subject to the requirements of 4.2 through 4.6 of this regulation and
4.5.3.2.2 In addition to the provisions of 11.10 of 7 DE Admin. Code 1102, the final MACT determination and the construction permit shall expire if construction or reconstruction has not commenced within 18 months of permit issuance. The owner or operator may request and the permitting authority may grant an extension which shall not exceed an additional 12 months.
4.5.3.3 When desiring alternative operating scenarios, an owner or operator may request approval of case-by-case MACT determinations for each alternative operating scenario. Approval of such determinations satisfies the requirements of Section 112(g) of the Act for each such scenario.
4.5.3.4 The MACT emission limitation and requirements established in the approved construction permit shall be effective as required in 4.5.10 of this regulation, consistent with the principles established in 4.5.4 of this regulation, and supported by the information listed in 4.5.5 of this regulation. The owner or operator shall comply with the requirements in 4.5.11 and 4.5.12 of this regulation, and with all applicable requirements in 3.0 of this regulation.
4.5.4 Principles of MACT determinations.
The following general principles shall govern preparation by the owner or operator of each construction permit application requesting a case-by-case MACT determination concerning construction or reconstruction of a major source, and all subsequent review of and actions taken concerning such an application by the permitting authority:
4.5.4.1 The MACT emission limitation or MACT requirements recommended by the applicant and approved by the permitting authority shall not be less stringent than the emission control which is achieved in practice by the best controlled similar source, as determined by the permitting authority.
4.5.4.2 Based upon available information, as defined in 4.3 of this regulation section, the MACT emission limitation and control technology (including any requirements in 4.5.4.3 of this regulation) recommended by the applicant and approved by the permitting authority shall achieve the maximum degree of reduction in emissions of hazardous air pollutants which can be achieved by utilizing those control technologies that can be identified from the available information, taking into consideration the costs of achieving such emission reduction and any non-air quality health and environmental impacts and energy requirements associated with the emission reduction.
4.5.4.3 The applicant may recommend a specific design, equipment, work practice, or operational standard, or a combination thereof, and the permitting authority may approve such a standard if the permitting authority specifically determines that it is not feasible to prescribe or enforce an emission limitation under the criteria set forth in Section 112(h)(2) of the Act.
4.5.4.4 If the Administrator has either proposed a relevant emission standard pursuant to Section 112(d) or Section 112(h) of the Act or adopted a presumptive MACT determination for the source category which includes the constructed or reconstructed major source, then the MACT requirements applied to the constructed or reconstructed major source shall have considered those MACT emission limitations and requirements of the proposed standard or presumptive MACT determination.
4.5.5 Application requirements for a case-by-case MACT determination.
4.5.5.1 An application for a MACT determination shall be submitted at the same time as the construction permit application and shall specify a control technology selected by the owner or operator that, if properly operated and maintained, will meet the MACT emission limitation or standard as determined according to the principles set forth in 4.5.4 of this regulation. At the time of submittal, the owner or operator shall request that the permit application be processed pursuant to 11.2.9 or 11.2.10 of 7 DE Admin. Code 1102, whichever is appropriate.
4.5.5.2 In each instance where a constructed or reconstructed major source would require additional control technology or a change in control technology, the application for a MACT determination shall contain, independent of the permit application, the following information:
4.5.5.2.1 The name and address (physical location) of the major source to be constructed or reconstructed;
4.5.5.2.2 reconstructed and identification of any listed source category or categories in which it is included;
4.5.5.2.3 The expected commencement date for the construction or reconstruction of the major source;
4.5.5.2.4 The expected completion date for construction or reconstruction of the major source;
4.5.5.2.5 The anticipated date of start-up for the constructed or reconstructed major source;
4.5.5.2.6 The hazardous air pollutants emitted by the constructed or reconstructed major source, and the estimated emission rate for each such hazardous air pollutant, to the extent this information is needed by the permitting authority to determine MACT;
4.5.5.2.7 Any federally enforceable emission limitations applicable to the constructed or reconstructed major source;
4.5.5.2.8 The maximum and expected utilization of capacity of the constructed or reconstructed major source, and the associated uncontrolled emission rates for that source, to the extent this information is needed by the permitting authority to determine MACT;
4.5.5.2.9 The controlled emissions for the constructed or reconstructed major source in tons/year at expected and maximum utilization of capacity, to the extent this information is needed by the permitting authority to determine MACT;
4.5.5.2.10 A recommended emission limitation for the constructed or reconstructed major source consistent with the principles set forth in 4.5.4 of this regulation;
4.5.5.2.11 The selected control technology to meet the recommended MACT emission limitation, including technical information on the design, operation, size, estimated control efficiency of the control technology (and the manufacturer's name, address, telephone number, and relevant specifications and drawings, if requested by the permitting authority);
4.5.5.2.12 Supporting documentation including identification of alternative control technologies considered by the applicant to meet the emission limitation, and analysis of cost and non-air quality health and environmental impacts or energy requirements for the selected control technology; and
4.5.5.2.13 Any other relevant information required pursuant to 2.0 of this regulation.
4.5.5.3 In each instance where the owner or operator contends that a constructed or reconstructed major source will be in compliance, upon startup, with case-by-case MACT under 4.2 through 4.6 of this regulation without a change in control technology, the application for a MACT determination shall contain, independent of the permit application, the following information:
4.5.5.3.1 The information described in 3.5.5.2.1 through 4.5.5.2.10 of this regulation and
4.5.5.3.2 Documentation of the control technology in place.
4.5.6 [Reserved].
4.5.7 [Reserved].
4.5.8 [Reserved].
4.5.9 EPA notification.
The permitting authority shall send notice of any approvals pursuant to 4.5.3.2 of this regulation to the Administrator through the appropriate Regional Office, and to all other State and local air pollution control agencies having jurisdiction in affected States.
4.5.10 Effective date.
The effective date of a MACT determination shall be the date the permitting authority issues the construction permit which incorporates the final and effective MACT determination.
4.5.11 Compliance date.
On and after the date of start-up, a constructed or reconstructed major source which is subject to the requirements in 4.2 through 4.6 of this regulation shall be in compliance with all applicable requirements specified in the MACT determination.
4.5.12 Compliance with MACT determinations.
4.5.12.1 An owner or operator of a constructed or reconstructed major source that is subject to a MACT determination shall comply with all requirements in the issued construction permit, including but not limited to any MACT emission limitation or MACT work practice standard, and any notification, operation and maintenance, performance testing, monitoring, reporting, and recordkeeping requirements.
4.5.12.2 An owner or operator of a constructed or reconstructed major source which has obtained a MACT determination shall be deemed to be in compliance with Section 112(g)(2)(B) of the Act only to the extent that the constructed or reconstructed major source is in compliance with all requirements set forth in the issued construction permit. Any violation of such requirements by the owner or operator shall be deemed by the permitting authority and by EPA to be a violation of the prohibition on construction or reconstruction in Section 112(g)(2)(B) for whatever period the owner or operator is determined to be in violation of such requirements, and shall subject the owner or operator to appropriate enforcement action under the Act.
4.5.13 Reporting to the Administrator.
Within 60 days of the issuance of a construction permit, the permitting authority shall provide a copy of such permit to the Administrator, and shall provide a summary in a compatible electronic format for inclusion in the MACT data base.
4.6 Requirements for constructed or reconstructed major sources subject to a subsequently promulgated MACT standard or MACT requirement.
4.6.1 If the Administrator promulgates an emission standard under Section 112(d) or Section 112(h) of the Act or the permitting authority issues a determination under Section 112(j) of the Act that is applicable to a stationary source or group of sources which would be deemed to be a constructed or reconstructed major source under 4.2 through 4.6 of this regulation before the date that the owner or operator has obtained a final and legally effective MACT determination pursuant to 4.5 of this regulation, the owner or operator of the sources shall comply with the promulgated standard or determination rather than any MACT determination under Section 112(g) of the Act by the permitting authority, and the owner or operator shall comply with the promulgated standard by the compliance date in the promulgated standard.
4.6.2 If the Administrator promulgates an emission standard under Section 112(d) or Section 112(h) of the Act or the permitting authority makes a determination under Section 112(j) of the Act that is applicable to a stationary source or group of sources which was deemed to be a constructed or reconstructed major source under 4.2 through 4.6 of this regulation and has been subject to a prior case-by-case MACT determination pursuant to 4.5 of this regulation, and the owner and operator obtained a final and legally effective case-by-case MACT determination prior to the promulgation date of such emission standard, then the permitting authority shall (if the initial 7 DE Admin. Code 1130 permit has not yet been issued) issue an initial operating permit which incorporates the emission standard or determination, or shall (if the initial 7 DE Admin. Code 1130 permit has been issued) revise the operating permit according to the reopening procedures in 7 DE Admin. Code 1130 to incorporate the emission standard or determination.
4.6.2.1 The EPA may include in the emission standard established under Section 112(d) or Section 112(h) of the Act a specific compliance date for those sources which have obtained a final and legally effective MACT determination under 4.2 through 4.6 of this regulation and which have submitted the information required in 4.5 of this regulation to the EPA before the close of the public comment period for the standard established under Section 112(d) of the Act. Such date shall assure that the owner or operator shall comply with the promulgated standard as expeditiously as practicable, but not longer than eight years after such standard is promulgated. In that event, the permitting authority shall incorporate the applicable compliance date in the 7 DE Admin. Code 1130 operating permit.
4.6.2.2 If no compliance date has been established in the promulgated Section 112(d) or Section 112(h) standard or Section 112(j) determination of the Act, for those sources which have obtained a final and legally effective MACT determination under 4.2 through 4.6 of this regulation, then the permitting authority shall establish a compliance date in the permit that assures that the owner or operator shall comply with the promulgated standard or determination as expeditiously as practicable, but not longer than eight years after such standard is promulgated or a Section 112(j) determination is made.
4.6.3 Notwithstanding the requirements in 4.6.1 and 4.6.2 of this regulation, if the Administrator promulgates an emission standard under Section 112(d) or Section 112(h) of the Act or the permitting authority issues a determination under Section 112(j) of the Act that is applicable to a stationary source or group of sources which was deemed to be a constructed or reconstructed major source under 4.2 through 4.6 of this regulation and which is the subject of a prior case-by-case MACT determination pursuant to 4.5 of this regulation, and the level of control required by the emission standard issued under Section 112(d) or Section 112(h) of the Act or the determination issued under Section 112(j) of the Act is less stringent than the level of control required by any emission limitation or standard in the prior MACT determination, the permitting authority is not required to incorporate any less stringent terms of the promulgated standard in the 7 DE Admin. Code 1130 operating permit applicable to such sources and may in its discretion consider any more stringent provisions of the prior MACT determination to be applicable legal requirements when issuing or revising such an operating permit.
4.7 [Reserved].
4.8 [Reserved].
4.9 [Reserved].
4.10 [Reserved].
4.11 [Reserved].
4.12 Applicability.
4.12.1 General applicability.
4.12.1.1 The requirements of 3.12 through 4.18 of this regulation implement Section 112(j) of the Act.
4.12.1.2 The requirements of 4.12 through 4.18 of this regulation apply to owners or operators of affected 112(j) sources that are located at a major source that is subject to 7 DE Admin. Code 1130 of the State of Delaware “Regulations Governing the Control of Air Pollution.”
4.12.1.3 The requirements of 4.12 through 4.18 of this regulation do not apply to research or laboratory activities as defined in 4.13 of this regulation.
4.12.2 Relationship to other State and Federal requirements.
The requirements of 4.12 through 4.18 of this regulation are additional to all other applicable State and Federal requirements.
4.13 Definitions.
Unless defined below, all terms in 4.12 through 4.18 of Section 4.0 of this regulation have the meaning given to them in the Act or in 2.0 of this regulation.
“Affected 112(j) source” means the collection of equipment, activities or both within a single contiguous area and under common control that is in a Section 112(c) (of the Act) source category for which the Administrator has failed to promulgate an emission standard by the Section 112(j) (of the Act) deadline.
“Available information” means, for purposes of 4.12 through 4.18 of this regulation, any information contained in the following information sources as of issuance of a final and legally effective case-by-case MACT determination according to 4.17.1 of this regulation:
“Control technology” means measures, processes, methods, systems or techniques to limit the emission of hazardous air pollutants in a way that would -
“Equivalent emission limitation” means an emission limitation, established under 4.12 through 4.18 of this regulation, which is equivalent to the MACT standard that the EPA would have promulgated under Section 112(d) or Section 112(h) of the Act, had they done so by the Section 112(j) (of the Act) deadline.
“Existing source maximum achievable control technology (MACT) requirements” means the requirements, which include, where feasible, an equivalent emission limitation, reflecting the maximum degree of reduction in emissions of hazardous air pollutants that the Department, taking into consideration the cost of achieving such emission reductions and any non-air quality health and environmental impacts and energy requirements, determines is achievable by sources in the category to which such MACT standard applies. These requirements shall be based upon available information and shall not be less stringent than the MACT floor.
“Maximum achievable control technology (MACT) floor” means:
“New affected 112(j) source” means the collection of equipment, activities or both, that if constructed after the issuance of a final and legally effective case-by-case MACT determination according to 4.17.1 of this regulation, is subject to the applicable new source MACT requirements. According to 4.14.6.3.1 of this regulation, each permit shall define the term “new affected 112(j) source”, which will be the same as the “affected 112(j) source” unless a different collection is warranted based on consideration of factors including:
“New source maximum achievable control technology (MACT) requirements” means the requirements, which include, where feasible, an equivalent emission limitation, which shall be based upon available information and shall not be less stringent than the MACT floor and which reflects the maximum degree of reduction in emissions of hazardous air pollutants that the Department, taking into consideration the cost of achieving such emission reduction and any non-air quality health and environmental impacts and energy requirements, determines is achievable by sources in the category to which such MACT standard applies.
“Research or laboratory activities” means activities whose primary purpose is to conduct research and development into new processes and products; where such activities are operated under the close supervision of technically trained personnel and are not engaged in the manufacture of products for commercial sale in commerce, except in a de minimis manner and where the source is not in a source category, specifically addressing research or laboratory activities, that is listed according to Section 112(c)(7) of the Act.
“Section 112(j) deadline” means the date 18 months after the date for which a relevant standard is scheduled to be promulgated under 40 CFR Part 63, except that for all major sources listed in those source categories scheduled to be promulgated by November 15, 1994, the Section 112(j) (of the Act) deadline is November 15, 1996 and for all major sources listed in those source categories scheduled to be promulgated by November 15, 1997, the Section 112(j) deadline is December 15, 1999.
4.14 Approval process for new and existing affected 112(j) sources.
4.14.1 Sources that are affected 112(j) sources on the Section 112(j) deadline.
4.14.1.1 Except as provided for in 4.14.1.2 of this regulation, the owner or operator of any source that is an affected 112(j) source on the Section 112(j) deadline shall comply with the following.
4.14.1.1.1 Submit to the Department by the Section 112(j) deadline:
4.14.1.1.1.1 A Part 1 MACT application according to 4.15.1 of this regulation or
4.14.1.1.1.2 If desired, a request for an applicability determination by the Department of whether a source is an affected 112(j) source.
4.14.1.1.2 An owner or operator that submitted a timely request for an applicability determination in accordance with 4.14.1.1.1.2 of this regulation that did not receive a response from the Department by May 11, 2003 shall submit the following:
4.14.1.1.2.1 A Part 2 MACT application in accordance with 4.14.1.1.3 of this regulation or
4.14.1.1.2.2 If needed, a new request for an applicability determination not later than July 11, 2003. Any such new request shall include the following:
4.14.1.1.2.2.1 Identification of the affected 112(j) source category for which the request is being made;
4.14.1.1.2.2.2 Description of the specific emission sources of concern;
4.14.1.1.2.2.3 The specific language in the EPA proposed standard associated with each specified concern identified in 4.14.1.1.2.2.2 of this regulation; and
4.14.1.1.2.2.4 Any additional information, as appropriate, that illustrates why a determination of applicability is still required.
4.14.1.1.3 Submit to the Department a Part 2 MACT application according to 4.15.2 of this regulation not later than the applicable “Part 2 Due Date” listed in Table 4-1 of this regulation, unless the Administrator has promulgated the final rule for the applicable source category or subcategory on or before the applicable “Part 2 Due Date”.
4.14.1.1.4 If desired, include with the Part 2 MACT application submitted according to 4.14.1.1.3 of this regulation, a Part 3 MACT application according to 4.15.3 of this regulation.
4.14.1.2 The owner or operator of any source that has received a final and legally effective case-by-case MACT determination under Section 112(g) of the Act according to 4.5 of this regulation on or before the Section 112(j) deadline shall submit a Part 1 MACT application to the Department by the Section 112(j) deadline.
4.14.2 Sources that become affected 112(j) sources after the Section 112(j) deadline and that do not have a permit addressing the Section 112(j) requirements of the Act.
4.14.2.1 The owner or operator of any source shall comply with 4.14.2.2 and 4.14.2.3 of this regulation, when Section 112(g) requirements are not invoked and when that source would become an affected 112(j) source due to:
4.14.2.1.1 Construction, reconstruction or modification;
4.14.2.1.2 Relaxation of any state or federally enforceable permit limitation; or
4.14.2.1.3 The Department, under 2.0 of this regulation, or the Administrator, under Section 112(a)(1) of the Act, establishes a lesser quantity emission threshold that results in a source becoming an affected 112(j) source.
4.14.2.2 The owner or operator of any source identified in 4.14.2.1 or 4.14.3.2.1 of this regulation shall submit the following to the Department:
4.14.2.2.1 Part 1, Part 2 and Part 3 MACT applications according to 4.15.1 through 4.15.3 of this section.
4.14.2.2.2 One of the following requests, as appropriate.
4.14.2.2.2.1 A request that any associated 7 DE Admin. Code 1102 construction permit be processed according to 11.2.10 of 7 DE Admin. Code 1102.
4.14.2.2.2.2 A request that the relaxation of any existing permit limitation specified in a 7 DE Admin. Code 1130 permit be processed as a significant permit modification.
4.14.2.2.2.3 A request that the relaxation of any existing permit limitation specified in a 7 DE Admin. Code 1102 operating permit, where there is an associated pending initial 7 DE Admin. Code 1130 permit, be processed according to 11.2.10 of 7 DE Admin. Code1102.
4.14.2.3 Where the relaxation of any existing permit limitation specified in a 7 DE Admin. Code1102 operating permit is requested, and there is not an associated 7 DE Admin. Code 1130 or pending initial 7 DE Admin. Code 1130 permit, operation as an affected 112(j) source shall not commence until a 7 DE Admin. Code 1130 permit that addresses the Section 112(j) requirements of the Act is issued by the Department.
4.14.2.4 The owner or operator of any source that would become an affected 112(j) source due to construction or reconstruction and Section 112(g) requirements of the Act are invoked shall apply for and obtain a final and legally effective case-by-case MACT determination according to 4.5 of this regulation.
Table 4-1 - Part 2 MACT Application Due Date for Applicable 112(j) Source Categories
 
Notes
(1) Includes Chromium Refractories Production.
(2) Two subcategories of Clay Products Manufacturing.
(3) Two source categories.
(4) Includes all sources within the Hydrochloric Acid Production standard that burn no hazardous waste and all acid production sources at fume silica facilities.
(5) Covers the 23 source categories listed in Table 4-2 of this regulation.
(6) Includes all sources in the Industrial/Commercial/Institutional Boilers and Process Heaters standard that burn no hazardous waste.
(7) Includes all sources in the Industrial/Commercial/Institutional Boilers and Process Heaters standard that burn hazardous waste.
(8) Includes furnaces that produce acid from hazardous waste at sources in the category Hydrochloric Acid Production.
Table 4-2 - Applicable 112(j) Subcategories under the Miscellaneous Organic Chemical Manufacturing & Miscellaneous Coating Manufacturing MACTs
4.14.3 Sources that have a permit addressing the section 112(j) requirements of the Act.
The requirements of 4.14.3.1 and 4.14.3.2 of this regulation apply to affected 112(j) sources that have a permit addressing the Section 112(j) requirements according to 4.12 through 4.18 of this regulation, but where changes to equipment, activities or both, subsequently, occur at the source.
4.14.3.1 If the existing permit already provides the appropriate requirements that address the subsequent changes that are to occur in 4.14.3 of this regulation, then that source shall comply with the applicable new source MACT requirements, and the Section 112(j) requirements are thus satisfied.
4.14.3.2 If the existing permit does not provide the appropriate requirements that address the subsequent changes that are to occur in 4.14.3 of this regulation, the owner or operator shall comply with 4.14.3.2.1 or 4.14.3.2.2 of this regulation, whichever appropriate.
4.14.3.2.1 If Section 112(g) requirements of the Act are not invoked, the owner or operator of that source shall comply with the provisions in 4.14.2.2 of this regulation.
4.14.3.2.2 If Section 112(g) requirements are invoked, the owner or operator of that source shall apply for and obtain a final and legally effective case-by-case MACT determination according to 4.5 of this regulation.
4.14.4 Applicability and equivalency determinations.
4.14.4.1 Applicability Determinations.
4.14.4.1.1 The Department shall review any request for an applicability determination when requested to do so according to 4.14.1.1.1.2 of this regulation. If the Department’s applicability determination is positive, the owner or operator shall comply with 4.14.1.1.3 and 4.14.1.1.4 of this regulation. If the Department’s applicability determination is negative, no further action by the owner or operator is necessary.
4.14.4.1.2 The Department shall review any request for an applicability determination resubmitted in accordance with 4.14.1.1.1.2 of this regulation not later than September 10, 2003. If the Department’s applicability determination is negative, no further action by the owner or operator is necessary. If the Department’s applicability determination is positive, the owner or operator shall comply with 4.14.1.1.3 and 4.14.1.1.4 of this regulation.
4.14.4.2 For any Part 1 application received pursuant to 4.14.1.2 of this regulation, the Department shall review the final and legally effective case-by-case MACT determination approved according to 4.5 of this regulation. If the Department determines that the emission limitations in that final and legally effective case-by-case MACT determination are substantially as effective as the emission limitations which the Department would otherwise adopt to effectuate Section 112(j) of the Act for that source, then the Department shall retain the existing emission limitations in the permit as the emission limitations to effectuate Section 112(j) of the Act by reopening the 7 DE Admin. Code 1130 permit for cause or amending the Regulation 1102 permit following the procedures in 12.4 through 12.6 of 7 DE Admin. Code 1102, as applicable. If the Department determines that the emission limitations in that final and legally effective case-by-case MACT determination are not substantially as effective as the emission limitations which the Department would otherwise adopt to effectuate Section 112(j) of the Act for that source, then the Department shall impose the requirements specified in 4.14.6.3 of this regulation by reopening the 7 DE Admin. Code 1130 permit for cause or amending the 7 DE Admin. Code 1102 permit following the procedures in 11.4 through 11.6 of 7 DE Admin. Code 1102, as applicable.
4.14.4.3 In issuing any final and legally effective case-by-case MACT determination according to 4.5 of this regulation after the Section 112(j) deadline (i.e., according to 4.14.2.4 or 4.14.3.2.2 of this regulation), the Department shall specify in that determination that the associated emission limitations effectuate both Section 112(g) and Section 112(j) requirements of the Act.
4.14.5 Completion determination and application shield.
4.14.5.1 Within 60 days of the receipt of the Part 2 or Part 3 MACT application, the Department shall notify the owner or operator in writing whether the application is complete or incomplete. The Part 2 or Part 3 MACT application shall be deemed complete unless the Department notifies the owner or operator in writing within 60 days of the submittal that the application is incomplete.
4.14.5.2 Following submittal of any application, the Department may request additional information from the owner or operator. The owner or operator shall respond to such requests in a timely manner.
4.14.5.3 If the owner or operator has submitted timely and complete applications as required by this section, any failure to have a 7 DE Admin. Code 1130 permit addressing the Section 112(j) requirements of the Act shall not be a violation of Section 112(j) of the Act, unless the delay in final action is due to the failure of the applicant to submit, in a timely manner, information required or requested to process the application. Once complete applications are submitted, the owner or operator shall not be in violation of the requirement to have a 7 DE Admin. Code 1130 permit addressing the Section 112(j) requirements of the Act.
4.14.6 Permit issuance and content.
4.14.6.1 For each Part 2 application received according to 4.14.1 of this regulation, the Department shall reopen the source’s 7 DE Admin. Code 1130 permit for cause according to the requirements of 7 DE Admin. Code 1130 and shall impose the requirements in 4.14.6.3 of this regulation, as appropriate, through the 7 DE Admin. Code 1130 permit. If the Department has not yet issued a 7 DE Admin. Code 1130 permit, the Department shall revise the applicable 7 DE Admin. Code 1102 operating permits using the procedures in 11.4 through 11.6 of 7 DE Admin. Code 1102.
4.14.6.2 For each Part 2 application received according to 4.14.2 or 4.14.3 of this regulation, the Department shall issue a 7 DE Admin. Code 1102 construction or operating permit using the procedures of 11.2.10 of 7 DE Admin. Code 1102, shall reopen the source’s 7 DE Admin. Code 1130 permit for cause, shall revise the source’s 7 DE Admin. Code 1130 permit as a significant permit revision or shall issue a 7 DE Admin. Code 1130 permit, as applicable, to impose the requirements in 4.14.6.3 of this regulation, as appropriate.
4.14.6.3 Permit requirements for affected 112(j) sources.
4.14.6.3.1 Identification of the affected 112(j) source and the new affected 112(j) source.
4.14.6.3.2 An equivalent emission limitation established by the Department that reflects existing source MACT requirements for the equipment and activities within the affected 112(j) source, based on the degree of emission reductions that can be achieved if the control technologies or work practices are installed, maintained and operated properly.
4.14.6.3.3 An equivalent emission limitation established by the Department that reflects new source MACT requirements for the equipment and activities within the affected 112(j) source, based on the degree of emission reductions that can be achieved if the control technologies or work practices are installed, maintained and operated properly.
4.14.6.3.4 In lieu of 4.14.6.3.2 and 4.14.6.3.3 of this regulation, any specific design, equipment, work practice or operational standard or combination thereof, when the Administrator or Department determines that hazardous air pollutants cannot be emitted through a conveyance designed and constructed to capture such pollutants, or that any requirement for, or use of, such a conveyance would be inconsistent with any Federal, State or local law, or the application of measurement methodology to a particular class of sources is not practicable due to technological and economic limitations.
4.14.6.3.5 The appropriate provisions of 2.0 of this regulation and the information specified in 4.14.6.3.5.1 through 4.14.6.3.5.3 of this regulation.
4.14.6.3.5.1 Any additional emission limits, production limits, operational limits or other terms and conditions necessary to ensure practicable enforceability of the MACT emission limitation.
4.14.6.3.5.2 Compliance certifications, testing, monitoring, reporting and recordkeeping requirements that are consistent with requirements established according to 7 DE Admin. Code 1130.
4.14.6.3.5.3 Compliance dates by which the owner or operator shall be in compliance with the MACT emission limitation and all other applicable terms and conditions of the permit.
4.14.6.3.5.3.1 The owner or operator of an affected 112(j) source subject to 4.14.1, 4.14.2 or 4.14.3.2 of this regulation shall comply with existing source MACT requirements by the date established in the source’s 7 DE Admin. Code 1130 or 7 DE Admin. Code 1102 permit, as applicable. The compliance date shall not be later than three years after the issuance of the permit for that source, except where the Department issues a permit that grants an additional year to comply in accordance with Section 112(i)(3)(B) of the Act or unless otherwise specified in Section 112(i) of the Act.
4.14.6.3.5.3.2 The owner or operator of a new affected 112(j) source subject to 4.14.3.1 of this regulation shall comply with new source MACT requirements immediately upon startup of the new affected 112(j) source.
4.14.7 Permit issuance dates.
The Department shall issue all permits that address the requirements in 4.12 through 4.18 of this regulation in accordance with the requirements of 7 DE Admin. Code 1102, 1125, or 1130 of the State of Delaware “Regulations Governing the Control of Air Pollution”, as is applicable.
4.14.8 MACT emission limitations.
4.14.8.1 Owners or operators of affected 112(j) sources subject to 4.14.1, 4.14.2 or 4.14.3.2 of this regulation shall comply with all requirements in 4.12 through 4.18 of this regulation that are applicable to affected 112(j) sources, including the compliance date for affected 112(j) sources established in 4.14.6.3.5.3.1 of this regulation.
4.14.8.2 Owners or operators of new affected 112(j) sources subject to 4.14.3.1 of this regulation shall comply with all requirements in 4.12 through 4.18 of this regulation that are applicable to new affected 112(j) sources, including the compliance date for new affected 112(j) sources established in 4.14.6.3.5.3.2 of this regulation.
4.15 Application content for case-by-case MACT determinations.
4.15.1 Part 1 MACT Application.
The Part 1 application for a MACT determination shall contain the information in 4.15.1.1 through 4.15.1.4 of this regulation.
4.15.1.1 The name and address (physical location) of the major source.
4.15.1.2 A brief description of the major source and an identification of the relevant source category.
4.15.1.3 An identification of the types of sources belonging to the relevant source category.
4.15.1.4 An identification of any affected 112(j) sources for which an application has been made for a final and legally effective case-by-case MACT determination under Section 112(g) of the Act according to 4.2 through 4.6 of this regulation.
4.15.2 Part 2 MACT Application.
The Part 2 application for a MACT determination shall contain the information in 13.15.2.1 through 13.15.2.6 of this regulation.
4.15.2.1 For an affected 112(j) source subject to construction, reconstruction or modification, the expected commencement date of installation, the expected completion date of installation and the anticipated date of startup of the affected 112(j) source.
4.15.2.2 The hazardous air pollutants emitted by each affected 112(j) source in the relevant source category and an estimated total uncontrolled and controlled emission rate for hazardous air pollutants from the affected 112(j) source.
4.15.2.3 Any existing Federal, State or local limitations or requirements applicable to the affected 112(j) source.
4.15.2.4 For each piece of equipment, activity or source, an identification of control technology in place.
4.15.2.5 Information relevant to establishing the MACT floors.
4.15.2.6 Certification by a responsible official of truth, accuracy, and completeness. This certification shall be signed by a responsible official and shall contain the following language: “I certify, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete.”
4.15.3 Part 3 MACT Application.
The Part 3 application for a MACT determination shall contain the information in 4.15.3.1 through 4.15.3.4 of this regulation.
4.15.3.1 Recommended MACT floors, an emission standard or emission limitation that is equivalent to existing source MACT requirements and an emission standard or emission limitation that is equivalent to new source MACT requirements for the affected 112(j) source, and supporting information consistent with 4.14.6 of this regulation. The owner or operator may recommend a specific design, equipment, work practice, operational standard or combination thereof, as an emission limitation.
4.15.3.2 Proposed control technology that, if properly operated and maintained, will meet, at minimum, the existing source and new source MACT requirements, including identification of the affected 112(j) sources to which the control technology shall be applied.
4.15.3.3 Relevant parameters to be monitored and frequency of monitoring to demonstrate continuous compliance with the MACT emission limitation over the applicable reporting period.
4.15.3.4 Certification by a responsible official of truth, accuracy, and completeness. This certification shall be signed by a responsible official and shall contain the following language: “I certify, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete.”
4.16 Pre-construction review procedures for affected 112(j) sources.
The owner or operator who constructs, reconstructs or modifies an affected 112(j) source after the Section 112(j) deadline shall follow the procedures established under 7 DE Admin. Code 1102, 1125 or 1130, as is applicable, before commencing construction, reconstruction, or modification of the affected 112(j) source.
4.17 Maximum achievable control technology (MACT) determinations for affected 112(j) sources subject to case-by-case determination of equivalent emission limitations.
4.17.1 Determination of case-by-case MACT requirements.
The Department shall issue final and legally effective case-by-case MACT determinations for affected 112(j) and new affected 112(j) sources that are consistent with the existing source MACT and the new source MACT requirements, as defined in 4.13 of this regulation.
4.17.2 Reporting to the Administrator.
The owner or operator shall submit copies of the Part 1, Part 2 and Part 3 MACT applications to the Administrator at the same time these applications are submitted to the Department.
4.18 Requirements for case-by-case determination of equivalent emission limitations after promulgation of subsequent MACT standard.
4.18.1 If the Administrator promulgates a relevant emission standard that is applicable to one or more affected 112(j) sources that are located at a major source before the date that the Department has issued a final and legally effective case-by-case MACT determinations according to 4.17.1 of this regulation, the 7 DE Admin. Code 1130 permit shall contain the promulgated standard rather than the emission limitation determined under 4.14 of this regulation, and the owner or operator shall comply with the promulgated standard by the compliance date in the promulgated standard.
4.18.2 If the Administrator promulgates a relevant emission standard that is applicable to one or more affected 112(j) sources that are located at a major source on or after the date that the Department has issued a final and legally effective case-by-case MACT determinations according to 4.17.1 of this regulation, the Department shall incorporate requirements of that standard in the 7 DE Admin. Code 1130 permit upon its next renewal. The Department shall establish a compliance date in the revised permit that assures that the owner or operator shall comply with the promulgated standard within a reasonable time, but not longer than eight years after such standard is promulgated or eight years after the issuance of the final and legally effective case-by-case MACT determinations according to 4.17.1 of this regulation, whichever is earlier. However, in no event shall the period for compliance for existing sources be shorter than that provided for existing sources in the promulgated standard.
4.18.3 Notwithstanding the requirements of 4.18.1 or 4.18.2 of this regulation, the requirements of 4.18.3.1 and 4.18.3.2 of this regulation shall apply.
4.18.3.1 If the Administrator promulgates an emission standard under Section 112(d) or Section 112(h) of the Act that is applicable to an affected 112(j) source after the date a final and legally effective case-by-case MACT determination is issued according to 4.17.1 of this regulation, the Department is not required to change the emission limitation in the permit to reflect the promulgated standard if the Department determines that the level of control required in that prior case-by-case MACT determinations is substantially as effective as that required by the promulgated standard according to 2.1.5 of this regulation.
4.18.3.2 If the Administrator promulgates an emission standard under Section 112(d) or Section 112(h) of the Act that is applicable to an affected 112(j) source after the date a final and legally effective case-by-case MACT determination is issued according to 4.17.1 of this regulation and the level of control required by the promulgated emission standard is less stringent than the level of control required by that prior case-by-case MACT determination, the Department may, but is not required to incorporate any less stringent emission limitation of the promulgated standard in the 7 DE Admin. Code 1130 permit applicable to such sources and shall consider any more stringent provisions of that prior case-by-case MACT determination to be applicable legal requirements when issuing or revising such a 7 DE Admin. Code 1130 permit.
07/28/2008
5.0 Perchloroethylene Air Emission Standards for Dry Cleaning Facilities
5.1 Applicability
5.1.1 The provisions of 5.0 of this regulation apply to the owner or operator of each dry cleaning facility that uses perchloroethylene.
5.1.2 Each dry cleaning system shall be in compliance with all of the applicable provisions of 5.0 of this regulation beginning on July 28, 2008 or immediately upon startup, whichever is later.
5.1.3 [Reserved].
5.1.4 [Reserved].
5.1.5 [Reserved].
5.1.6 [Reserved].
5.1.7 A dry cleaning facility is a major source if the facility emits or has the potential to emit more than 9.1 megagrams per year (10 tons per year) of perchloroethylene to the atmosphere. In lieu of measuring a facility’s potential to emit perchloroethylene emissions or determining a facility’s potential to emit perchloroethylene emissions, a dry cleaning facility is a major source if:
5.1.7.1 It includes only dry-to-dry machines and has a total yearly perchloroethylene consumption greater than 8,000 liters (2,100 gallons) as determined according to 5.4.4 of this regulation or
5.1.7.2 It includes only transfer machine systems or both dry-to-dry machines and transfer machine systems and has a total yearly perchloroethylene consumption greater than 6,800 liters (1,800 gallons) as determined according to 5.4.4 of this regulation.
5.1.8 A dry cleaning facility is an area source if it does not meet the conditions of 4.1.7 of this regulation.
5.1.9 Change in facility status to major source.
5.1.9.1 If the total yearly perchloroethylene consumption of a dry cleaning facility determined according to 5.4.4 of this regulation is initially less than the amounts specified in 5.1.7 of this regulation, but then exceeds those amounts, the dry cleaning facility becomes a major source and all dry cleaning systems located at that dry cleaning facility must comply with the appropriate requirements for major sources in 5.3, 5.4, and 5.5 of this regulation by 180 calendar days from the date that the facility determines it has exceeded the amounts specified, or by June 30, 1999, whichever is later.
5.1.9.2 Following review of notification submitted in accordance with 5.5.3.1 of this regulation, the Department may determine that the dry cleaning facility shall not be subject to the additional requirements imposed in 5.1.9.1 of this regulation, if there has been no exceedance during the prior 36 months and -
5.1.9.2.1 The total yearly perchloroethylene consumption falls below and remains below the amounts specified in 5.1.7 of this regulation before and after the next purchase of perchloroethylene or
5.1.9.2.2 The exceedance occurred due to the initial filling of a newly installed dry-to-dry machine and the total yearly perchloroethylene consumption, exclusive of the quantity of perchloroethylene purchased to initially fill the newly installed dry-to-dry machine, remains below the amounts specified in 5.1.7 of this regulation.
5.1.10 Coin-operated dry cleaning machines.
All coin-operated dry cleaning machines are subject to the provisions of 5.0 of this regulation.
5.1.11 The owner or operator of an area source subject to Section 5.0 of this regulation is exempt from the obligation to obtain a Title V operating permit under 7 DE Admin. Code 1130 of State of Delaware “Regulations Governing the Control of Air Pollution”, if the owner or operator is not required to obtain a Title V operating permit under 3.1 of 7 DE Admin. Code 1130 for a reason other than the owner or operator’s status as an area source under 5.0 of this regulation. Notwithstanding the previous sentence, the owner or operator shall continue to comply with the provisions of 5.0 of this regulation applicable to area sources.
5.2 Definitions
“Administrator” means the Administrator of the United States Environmental Protection Agency.
“Ancillary equipment” means the equipment used with a dry cleaning machine in a dry cleaning system including, but not limited to, emission control devices, pumps, filters, muck cookers, stills, solvent tanks, solvent containers, water separators, exhaust dampers, diverter valves, interconnecting piping, hoses, and ducts.
“Area source” means any perchloroethylene dry cleaning facility that meets the conditions in 5.1.8 of this regulation.
“Articles” mean clothing, garments, textiles, fabrics, leather goods, and the like, that are dry cleaned.
“Carbon adsorber” means a bed of activated carbon into which an air-perchloroethylene gas-vapor stream is routed and which adsorbs the perchloroethylene on the carbon.
“Coin-operated dry cleaning machine” means a dry cleaning machine that is operated by the customer (that is, the customer places articles into the machine, turns the machine on, and removes articles from the machine).
“Colorimetric detector tube” means a glass tube (sealed prior to use), containing material impregnated with a chemical that is sensitive to perchloroethylene and is designed to measure the concentration of perchloroethylene in air.
“Construction”, for purposes of 5.0 of this regulation, means the fabrication (onsite), erection, or installation of a dry cleaning system subject to 5.0 of this regulation.
“Department” means the Department of Natural Resources and Environmental Control as defined in 29 Del.C., Ch 80, as amended.
“Desorption” means regeneration of a carbon adsorber by removal of the perchloroethylene adsorbed on the carbon.
Diverter valve” means a flow control device or flow control devices that prevents room air from passing through a refrigerated condenser when the door of the dry cleaning machine is open.
“Dry cleaning” means the process of cleaning articles using perchloroethylene.
“Dry cleaning cycle” means the washing and drying of articles in a dry-to-dry machine or transfer machine system.
“Dry cleaning facility” means an establishment with one or more dry cleaning systems.
“Dry cleaning machine” means a dry-to-dry machine or each machine of a transfer machine system.
“Dry cleaning machine drum” means the perforated container inside the dry cleaning machine that holds the articles during dry cleaning.
“Dry cleaning system” means a dry-to-dry machine and its ancillary equipment or a transfer machine system and its ancillary equipment.
“Dryer” means a machine used to remove perchloroethylene from articles by tumbling them in a heated air stream (see reclaimer).
“Dry-to-dry machine” means a one-machine dry cleaning operation in which washing and drying are performed in the same machine.
“Equivalent control device”, for purposes of 5.0 of this regulation, means an equivalent emission control technology approved under 5.6 of this regulation.
“Exhaust damper” means a flow control device that prevents the air-perchloroethylene gas-vapor stream from exiting the dry cleaning machine into a carbon adsorber before room air is drawn into the dry cleaning machine.
“Existing” means commenced construction or reconstruction before December 9, 1991.
“Filter” means a porous device through which perchloroethylene is passed to remove contaminants in suspension. Examples include, but are not limited to, lint filter, button trap, cartridge filter, tubular filter, regenerative filter, prefilter, polishing filter, and spin disc filter.
“Halogenated hydrocarbon detector” means a portable device capable of detecting vapor concentrations of perchloroethylene of 25 parts per million by volume and indicating a concentration of 25 parts per million by volume or greater by emitting an audible or visual signal that varies as the concentration changes.
“Heating coil” means the device used to heat the air stream circulated from the dry cleaning machine drum, after perchloroethylene has been condensed from the air stream and before the stream reenters the dry cleaning machine drum.
“Major source” means any dry cleaning facility that meets the conditions in 5.1.7 of this regulation.
“Muck cooker” means a device for heating perchloroethylene-laden waste material to volatilize and recover perchloroethylene.
“New” means commenced construction or reconstruction on or after December 9, 1991.
“Perchloroethylene consumption” means the total volume of perchloroethylene purchased based upon purchase receipts or other reliable measures.
“Perchloroethylene gas analyzer” means a flame ionization detector, photoionization detector, or infrared analyzer capable of detecting vapor concentrations of perchloroethylene of 25 parts per million by volume.
“Reclaimer” means a machine used to remove perchloroethylene from articles by tumbling them in a heated air stream (see dryer).
“Reconstruction”, for purposes of 5.0 of this regulation, means replacement of a washer, dryer, or reclaimer; or replacement of any components of a dry cleaning system to such an extent that the fixed capital cost of the new components exceeds 50% of the fixed capital cost that would be required to construct a comparable new source.
“Refrigerated condenser” means a vapor recovery system into which an air-perchloroethylene gas-vapor stream is routed and the perchloroethylene is condensed by cooling the gas-vapor stream.
“Refrigerated condenser coil” means the coil containing the chilled liquid used to cool and condense the perchloroethylene.
“Residence” means any dwelling or housing in which people reside excluding short-term housing that is occupied by the same person for a period of less than 180 days (such as a hotel room).
“Responsible official” means one of the following:
“Room enclosure” means a stationary structure that encloses a transfer machine system, and is vented to a carbon adsorber or an equivalent control device during operation of the transfer machine system.
“Source”, for purposes of 5.0 of this regulation, means each dry cleaning system.
“Still” means any device used to volatilize and recover perchloroethylene from contaminated perchloroethylene.
“Temperature sensor” means a thermometer or thermocouple used to measure temperature.
“Transfer machine system” means a multiple-machine dry cleaning operation in which washing and drying are performed in different machines. Examples include, but are not limited to:
“Vapor barrier enclosure” means a room that encloses a dry cleaning system and is constructed of vapor barrier material that is impermeable to perchloroethylene. The enclosure shall be equipped with a ventilation system that exhausts outside the building and is completely separate from the ventilation system for any other area of the building. The exhaust system shall be designed and operated to maintain negative pressure and a ventilation rate of at least one air change per five minutes. The vapor barrier enclosure shall be constructed of glass, plexiglass, polyvinyl chloride, PVC sheet 22 mil thick (0.022 in.), sheet metal, metal foil face composite board, or other materials that are impermeable to perchloroethylene vapor. The enclosure shall be constructed so that all joints and seams are sealed except for inlet make-up air and exhaust openings and the entry door.
“Vapor leak” means a perchloroethylene vapor concentration exceeding 25 parts per million by volume (50 parts per million by volume as methane) as indicated by a halogenated hydrocarbon detector or perchloroethylene gas analyzer.
“Washer” means a machine used to clean articles by immersing them in perchloroethylene. This includes a dry-to-dry machine when used with a reclaimer.
“Water separator” means any device used to recover perchloroethylene from a water-perchloroethylene mixture.
“Year or Yearly” means any consecutive 12-month period of time.
5.3 Standards.
5.3.1 The owner or operator of each existing dry cleaning system and of each new transfer machine system and its ancillary equipment installed between December 9, 1991 and September 22, 1993 shall comply with either 5.3.1.1 or 5.3.1.2 of this regulation and shall comply with 5.3.1.3 of this regulation if applicable.
5.3.1.1 Route the air-perchloroethylene gas-vapor stream contained within each dry cleaning machine through a refrigerated condenser, a refrigerated condenser and carbon adsorber, or an equivalent control device.
5.3.1.2 Route the air-perchloroethylene gas-vapor stream contained within each dry cleaning machine through a carbon adsorber installed on the dry cleaning machine prior to September 22, 1993.
5.3.1.3 Contain the dry cleaning machine inside a room enclosure if the dry cleaning machine is a transfer machine system located at a major source. Each room enclosure shall be:
5.3.1.3.1 Constructed of materials impermeable to perchloroethylene and
5.3.1.3.2 Designed and operated to maintain a negative pressure at each opening at all times that the transfer machine system is operating.
5.3.2 The owner or operator of each new dry-to-dry machine and its ancillary equipment and of each new transfer machine system and its ancillary equipment installed on or after September 22, 1993 and before December 22, 2005:
5.3.2.1 Shall route the air-perchloroethylene gas-vapor stream contained within each dry cleaning machine through a refrigerated condenser, a refrigerated condenser and carbon adsorber, or an equivalent control device;
5.3.2.2 Shall eliminate any emission of perchloroethylene during the transfer of articles between the washer and the dryer or dryers; and
5.3.2.3 Shall pass the air-perchloroethylene gas-vapor stream from inside the dry cleaning machine drum through a carbon adsorber or equivalent control device immediately before or as the door of the dry cleaning machine is opened if the dry cleaning machine is located at a major source.
5.3.3 The owner or operator shall close the door of each dry cleaning machine immediately after transferring articles to or from the machine, and shall keep the door closed at all other times.
5.3.4 The owner or operator of each dry cleaning system shall operate and maintain the system according to the manufacturers’ specifications and recommendations.
5.3.5 Each refrigerated condenser used for the purposes of complying with 5.3.1, 5.3.2, 5.3.15.2, or 5.3.15.5.2.2 of this regulation and installed on a dry-to-dry machine, dryer, or reclaimer:
5.3.5.1 Shall be operated to not vent or release the air-perchloroethylene gas-vapor stream contained within the dry cleaning machine to the atmosphere while the dry cleaning machine drum is rotating;
5.3.5.2 Shall be monitored according to 5.4.1.1 of this regulation; and
5.3.5.3 Shall prevent air drawn into the dry cleaning machine when the door of the machine is open from passing through the refrigerated condenser.
5.3.6 Each refrigerated condenser used for the purpose of complying with 5.3.1 of this regulation and installed on a washer:
5.3.6.1 Shall be operated to not vent or release the air-perchloroethylene gas-vapor stream contained within the washer to the atmosphere until the washer door is opened;
5.3.6.2 Shall be monitored according to 4.4.1.2 of this regulation; and
5.3.6.3 Shall not use the same refrigerated condenser coil for the washer that is used by a dry-to-dry machine, dryer, or reclaimer.
5.3.7 Each carbon adsorber used for the purposes of complying with 5.3.1, 5.3.2, 5.3.15.2 or 5.3.15.5.2.2 of this regulation:
5.3.7.1 Shall not be bypassed to vent or release any air-perchloroethylene gas-vapor stream to the atmosphere at any time and
5.3.7.2 Shall be monitored according to the applicable requirements in 5.4.2 or 5.4.3 of this regulation.
5.3.8 Each room enclosure used for the purposes of complying with 5.3.1.3 of this regulation:
5.3.8.1 Shall be operated to vent all air from the room enclosure through a carbon adsorber or an equivalent control device and
5.3.8.2 Shall be equipped with a carbon adsorber that is not the same carbon adsorber used to comply with 5.3.1.2 or 5.3.2.3 of this regulation.
5.3.9 The owner or operator of an affected facility shall drain all cartridge filters in their housing, or other sealed container, for a minimum of 24 hours, or shall treat such filters in an equivalent manner, before removal from the dry cleaning facility.
5.3.10 The owner or operator of an affected facility shall store all perchloroethylene and wastes that contain perchloroethylene in solvent tanks or solvent containers with no vapor leaks. The exception to this requirement is that containers for separator water may be uncovered, as necessary, for proper operation of the machine and still.
5.3.11 [Reserved].
5.3.12 [Reserved].
5.3.13 The owner or operator of a dry cleaning system shall repair all vapor leaks detected in 5.3.15.1 of this regulation within 24 hours. If repair parts must be ordered, either a written or verbal order for those parts shall be initiated within two working days of detecting such a leak. Such repair parts shall be installed within five working days after receipt.
5.3.14 If parameter values monitored under 5.3.5, 5.3.6, or 5.3.7 of this regulation do not meet the values specified in 5.4.1, 5.4.2, or 5.4.3 of this regulation, adjustments or repairs shall be made to the dry cleaning system or control device to meet those values. If repair parts must be ordered, either a written or verbal order for such parts shall be initiated within two working days of detecting such a parameter value. Such repair parts shall be installed within five working days after receipt.
5.3.15 Additional requirements.
5.3.15.1 The owner or operator of a dry cleaning system shall inspect the components listed in 5.3.15.1.4 of this regulation for vapor leaks weekly while the component is in operation.
5.3.15.1.1 Area sources shall conduct the inspections using a halogenated hydrocarbon detector or perchloroethylene gas analyzer that is operated according to the manufacturer’s instructions. The operator shall place the probe inlet at the surface of each component interface where leakage could occur and move it slowly along the interface periphery.
5.3.15.1.2 Major sources shall conduct the inspections using a perchloroethylene gas analyzer operated according to Method 21 in Appendix A of 40 CFR Part 60.
5.3.15.1.3 [Reserved].
5.3.15.1.4 System components to be inspected weekly for vapor leaks.
5.3.15.1.4.1 Hose and pipe connections, fittings, couplings, and valves;
5.3.15.1.4.2 Door gaskets and seatings;
5.3.15.1.4.3 Filter gaskets and seatings;
5.3.15.1.4.4 Pumps;
5.3.15.1.4.5 Solvent tanks and containers;
5.3.15.1.4.6 Water separators;
5.3.15.1.4.7 Muck cookers;
5.3.15.1.4.8 Stills;
5.3.15.1.4.9 Exhaust dampers;
5.3.15.1.4.10 Diverter valves; and
5.3.15.1.4.11 All filter housings.
5.3.15.2 The owner or operator of each dry cleaning system installed after December 21, 2005, at an area source shall route the air-perchloroethylene gas-vapor stream contained within each dry cleaning machine through a refrigerated condenser and pass the air-perchloroethylene gas-vapor stream from inside the dry cleaning machine drum through a non-vented carbon adsorber or equivalent control device immediately before the door of the dry cleaning machine is opened. The carbon adsorber must be desorbed in accordance with manufacturer’s instructions.
5.3.15.3 The owner or operator of any dry cleaning system shall eliminate any emission of perchloroethylene during the transfer of articles between the washer and the dryers or reclaimers.
5.3.15.4 Beginning on July 28, 2008, the owner or operator shall eliminate any emission of perchloroethylene from any dry cleaning system that is installed (including relocation of a used machine) on or after July 13, 2006, and that is located in a building with a residence.
5.3.15.5 Additional requirements for dry cleaning systems located in a building with a residence.
5.3.15.5.1 After December 21, 2020, the owner or operator shall eliminate any emission of perchloroethylene from any dry cleaning system that is located in a building with a residence.
5.3.15.5.2 Each owner or operator of a dry cleaning system installed on or after December 21, 2005, but before July 13, 2006, in a building with a residence, shall be in compliance with 5.3.15.5.2.1 through 5.3.15.5.2.2 of this regulation, in addition to the other applicable requirements in 5.0 of this regulation.
5.3.15.5.2.1 Operate the dry cleaning system inside a vapor barrier enclosure. The exhaust system for the enclosure shall be operated at all times that the dry cleaning system is in operation and during maintenance. The entry door to the enclosure may be open only when a person is entering or exiting the enclosure.
5.3.15.5.2.2 Route the air-perchloroethylene gas-vapor stream contained within each dry cleaning machine through a refrigerated condenser and pass the air-perchloroethylene gas-vapor stream from inside the dry cleaning drum through a non-vented carbon adsorber or equivalent control device immediately before the door of the dry cleaning machine is opened. The carbon adsorber must be desorbed in accordance with manufacturer’s instructions.
5.3.15.5.2.3 [Reserved].
5.4 Test methods and monitoring.
5.4.1 When a refrigerated condenser is used to comply with 5.3.1.1, 5.3.2.1, 5.3.15.2, or 5.3.15.5.2.2 of this regulation:
5.4.1.1 The owner or operator shall monitor the following parameters, as applicable, on a weekly basis:
5.4.1.1.1 The refrigeration system high pressure and low pressure during the drying phase to determine if the pressures are in the range specified in the manufacturer’s operating instructions.
5.4.1.1.2 If the dry cleaning machine is not equipped with refrigeration system pressure gauges, the temperature of the air-perchloroethylene gas-vapor stream on the outlet side of the refrigerated condenser on a dry-to-dry machine, dryer, or reclaimer with a temperature sensor to determine if it is equal to or less than of 7.2oC (45oF) before the end of the cool-down or drying cycle while the air-perchloroethylene gas-vapor stream is flowing through the condenser. The temperature sensor shall be used according to the manufacturer’s instructions and shall be designed to measure a temperature of 7.2oC (45oF) to an accuracy of ±1.1oC (±2oF).
5.4.1.2 The owner or operator shall calculate the difference between the temperature of the air-perchloroethylene gas-vapor stream entering the refrigerated condenser on a washer and the temperature of the air-perchloroethylene gas-vapor stream exiting the refrigerated condenser on the washer weekly to determine that the difference is greater than or equal to 11.1oC (20oF).
5.4.1.2.1 Measurements of the inlet and outlet streams shall be made with a temperature sensor. Each temperature sensor shall be used according to the manufacturer’s instructions, and designed to measure at least a temperature range from 0oC (32oF) to 48.9oC (120oF) to an accuracy of ±1.1oC (±2oF).
5.4.1.2.2 The difference between the inlet and outlet temperatures shall be calculated weekly from the measured values.
5.4.2 When a carbon adsorber is used to comply with 5.3.1.2 of this regulation, 5.3.8 of this regulation, or exhaust is passed through a carbon adsorber immediately upon the machine door opening to comply with 5.3.1.1, 5.3.2.1, 5.3.2.3, 5.3.15.2, or 5.3.15.5.2.2 of this regulation, the owner or operator shall measure the concentration of perchloroethylene in the exhaust of the carbon adsorber weekly with a colorimetric detector tube or perchloroethylene gas analyzer. The measurement shall be taken while the dry cleaning machine is venting to that carbon adsorber at the end of the last dry cleaning cycle prior to desorption of that carbon adsorber or removal of the activated carbon to determine that the perchloroethylene concentration in the exhaust is equal to or less than 100 parts per million by volume. The owner or operator shall:
5.4.2.1 Use a colorimetric detector tube or perchloroethylene gas analyzer designed to measure a concentration of 100 parts per million by volume of perchloroethylene in air to an accuracy of ±25 parts per million by volume;
5.4.2.2 Use the colorimetric detector tube or perchloroethylene gas analyzer according to the manufacturer’s instructions; and
5.4.2.3 Provide a sampling port for monitoring within the exhaust outlet of the carbon adsorber that is easily accessible and located at least eight stack or duct diameters downstream from any flow disturbance such as a bend, expansion, contraction, or outlet; downstream from no other inlet; and two stack or duct diameters upstream from any flow disturbance such as a bend, expansion, contraction, inlet, or outlet.
5.4.3 If the air-perchloroethylene gas-vapor stream is passed through a carbon adsorber immediately prior to machine door opening to comply with 5.3.1.1, 5.3.2.1, 5.3.2.3, 5.3.15.2, or 5.3.15.5.2.2 of this regulation, the owner or operator of an affected facility shall measure the concentration of perchloroethylene in the dry cleaning machine drum at the end of the dry cleaning cycle weekly with a colorimetric detector tube or perchloroethylene gas analyzer to determine that the perchloroethylene concentration is equal to or less than 300 parts per million by volume. The owner or operator shall:
5.4.3.1 Use a colorimetric detector tube or perchloroethylene gas analyzer designed to measure a concentration of 300 parts per million by volume of perchloroethylene in air to an accuracy ±75 parts per million by volume;
5.4.3.2 Use the colorimetric detector tube or perchloroethylene gas analyzer according to the manufacturer’s instructions; and
5.4.3.3 Conduct the weekly monitoring by inserting the colorimetric detector tube or perchloroethylene gas analyzer into the open space above the articles at the rear of the dry cleaning machine drum immediately upon opening the dry cleaning machine door.
5.4.4 When calculating yearly perchloroethylene consumption for the purpose of demonstrating applicability according to 5.1 of this regulation, the owner or operator shall perform the following calculation on the first day of every month:
5.4.4.1 Sum the volume of all perchloroethylene purchases made in each of the previous 12 months, as recorded in the log described in 5.5.4.1 of this regulation.
5.4.4.2 If no perchloroethylene purchases were made in a given month, then the perchloroethylene consumption for that month is zero gallons.
5.4.4.3 The total sum calculated in 5.4.4 of this regulation is the yearly perchloroethylene consumption at the facility.
5.5 Reporting and recordkeeping requirements.
5.5.1 Each owner or operator of a dry cleaning facility shall notify the Department in writing by June 30, 1999 or upon startup, whichever is later, and provide the following information:
5.5.1.1 The name and address of the owner or operator;
5.5.1.2 The address (that is, physical location) of the dry cleaning facility;
5.5.1.3 A brief description of the type of each dry cleaning machine at the dry cleaning facility;
5.5.1.4 Documentation as described in 5.4.4 of this regulation of the yearly perchloroethylene consumption at the dry cleaning facility for the previous year to demonstrate applicability according to 5.1 of this regulation; or an estimation of perchloroethylene consumption for the previous year to estimate applicability with 5.1 of this regulation;
5.5.1.5 A description of the type of control device or devices that will be used to achieve compliance with 5.3.1 or 5.3.2 of this regulation and whether the control device or devices are currently in use or will be purchased;
5.5.1.6 Documentation to demonstrate to the Department’s satisfaction that each room enclosure used to meet the requirements in 5.3.1.3 of this regulation meets the requirements in 5.3.1.3.1 and 5.3.1.3.2 of this regulation;
5.5.1.7 Documentation to demonstrate to the Department’s satisfaction that each vapor barrier enclosure used to meet the requirements in 5.3.15.5.2.1 of this regulation meets the requirements in 5.2 of this regulation;
5.5.1.8 Whether or not the dry cleaning facility is located in a building with a residence, even if the residence is vacant at the time of this notification;
5.5.1.9 Whether or not the dry cleaning facility is located in a building with no other tenants, leased space, or owner occupants;
5.5.1.10 Whether or not the refrigeration system on each dry cleaning system located at the dry cleaning facility is equipped with high and low pressure gauges; and
5.5.1.11 Whether or not a dry cleaning system has been newly installed, constructed or added at the dry cleaning facility since December 21, 2005.
5.5.2 [Reserved].
5.5.3 Exceedance of solvent consumption amounts.
5.5.3.1 Each owner or operator of an area source dry cleaning facility that exceeds the solvent consumption amounts specified in 5.1.7 of this regulation shall notify the Department not later than 30 days after the exceedance occurred. The notification shall provide the following information and shall be signed by a responsible official who shall certify its accuracy:
5.5.3.1.1 The name and address of the dry cleaning facility;
5.5.3.1.2 A copy of the yearly perchloroethylene consumption records that indicate that there was an exceedance of the applicable amount specified in 5.1.7 of this regulation;
5.5.3.1.3 The circumstances that led to the exceedance; and
5.5.3.1.4 A statement that all information contained in the notification is true and accurate.
5.5.3.2 Each owner or operator of an area source dry cleaning facility that becomes subject to additional requirements in 5.1.9.1 of this regulation shall submit to the Department on or before the dates specified in 5.1.9.1, a notification of compliance status providing the information in 5.5.6.1 through 5.5.6.11 of this regulation and signed by a responsible official who shall certify its accuracy.
5.5.4 Each owner or operator of a dry cleaning facility shall keep receipts of perchloroethylene purchases and a log of the following information and maintain such information on site and show it upon request for a period of five years:
5.5.4.1 The volume of perchloroethylene purchased each month by the dry cleaning facility as recorded from perchloroethylene purchases; if no perchloroethylene is purchased during a given month then the owner or operator would enter zero gallons into the log;
5.5.4.2 The calculation and result of the yearly perchloroethylene consumption determined on the first day of each month as specified in 5.4.4 of this regulation;
5.5.4.3 The dates when the dry cleaning system components are inspected for vapor leaks, as specified in 5.3.15.1 of this regulation, and the name or location of dry cleaning system components where vapor leaks are detected;
5.5.4.4 The dates of repair and records of written or verbal orders for repair parts to demonstrate compliance with 5.3.13 and 5.3.14 of this regulation;
5.5.4.5 The dates and high and low pressure gauge monitoring results, as specified in 5.4 of this regulation, if a refrigerated condenser is used to comply with 5.3.1, 5.3.2, or 5.3.15 of this regulation;
5.5.4.6 If the dry cleaning machine is not equipped with refrigeration system pressure gauges, the dates and temperature sensor monitoring results, as specified in 5.4 of this regulation, if a refrigerated condenser is used to comply with 5.3.1, 5.3.2, or 5.3.15 of this regulation; and
5.5.4.7 The dates and monitoring results for carbon adsorbers, as specified in 5.4 of this regulation, if a carbon adsorber is used to comply with 5.3.1.1, 5.3.1.2, 5.3.2.1, 5.3.2.3, 5.3.8, or 5.3.15.5 of this regulation.
5.5.5 Each owner or operator of a dry cleaning facility shall retain onsite a copy of the design specifications and the operating manuals for each dry cleaning system and each emission control device located at the dry cleaning facility.
5.5.6 Each owner or operator of a dry cleaning facility shall submit to the Department by registered mail not later than July 28, 2008 or within 30 days of startup, whichever is later, a notification of compliance status providing the following information and signed by a responsible official who shall certify its accuracy:
5.5.6.1 The name and address of the owner or operator;
5.5.6.2 The address (that is, physical location) of the dry cleaning facility;
5.5.6.3 Whether or not the dry cleaning facility is located in a building with a residence, even if the residence is vacant at the time of this notification;
5.5.6.4 Whether or not the dry cleaning facility is located in a building with no other tenants, leased space, or owner occupants;
5.5.6.5 Whether or not the refrigeration system on each dry cleaning system located at the dry cleaning facility is equipped with high and low pressure gauges;
5.5.6.6 Whether or not a dry cleaning system has been newly installed, constructed or added at the dry cleaning facility since December 21, 2005;
5.5.6.7 All information necessary to demonstrate to the Department’s satisfaction that each vapor barrier enclosure used to meet the requirements in 5.3.15.5.2.1 of this regulation meets the requirements in 5.2 of this regulation;
5.5.6.8 Whether the dry cleaning facility is a major or area source;
5.5.6.9 The yearly perchloroethylene solvent consumption based upon the yearly solvent consumption calculated according to 5.4.4 of this regulation;
5.5.6.10 Whether or not the dry cleaning facility is in compliance with each applicable requirement in 5.3 of this regulation; and
5.5.6.11 All information contained in the statement is accurate and true.
5.6 Determination of equivalent emission control technology.
5.6.1 Any person requesting that the use of certain equipment or procedures be considered equivalent to the requirements in 5.3 of this regulation shall collect, verify, and submit to the Administrator (with copy to the Department) the following information to show that the alternative achieves equivalent emission reductions:
5.6.1.1 Diagrams, as appropriate, illustrating the emission control technology, its operation, and integration into or function with dry-to-dry machines or transfer machine systems and their ancillary equipment during each portion of the normal dry cleaning cycle;
5.6.1.2 Information quantifying vented perchloroethylene emissions from the dry-to-dry machines or transfer machine systems during each portion of the dry cleaning cycle with and without the use of the candidate emission control technology;
5.6.1.3 Information on solvent mileage achieved with and without the candidate emission control technology. Solvent mileage is the average weight of articles cleaned per volume of perchloroethylene used. Solvent mileage data must be of continuous duration for at least one year under the conditions of a typical dry cleaning operation. This information on solvent mileage must be accompanied by information on the design, configuration, operation, and maintenance of the specific dry cleaning system from which the solvent mileage information was obtained;
5.6.1.4 Identification of maintenance requirements and parameters to monitor to ensure proper operation and maintenance of the candidate emission control technology;
5.6.1.5 Explanation of why this information is considered accurate and representative of both the short-term and the long-term performance of the candidate emission control technology on the specific dry cleaning system examined;
5.6.1.6 Explanation of why this information can or cannot be extrapolated to dry cleaning systems other than the specific systems examined; and
5.6.1.7 Information on the cross-media impacts (to water and solid waste) of the candidate emission control technology and demonstration that the cross-media impacts are less than or equal to the cross-media impacts of a refrigerated condenser.
5.6.2 For the purpose of determining equivalency to control equipment required in 5.3 of this regulation, the Administrator will evaluate the petition to determine whether equivalent control of perchloroethylene emissions has been adequately demonstrated.
5.6.3 Where the Administrator determines that certain equipment and procedures may be equivalent, the Administrator will publish a notice in the Federal Register proposing to consider this equipment or these procedures as equivalent. After notice and opportunity for public hearing, the Administrator will publish the final determination of equivalency in the Federal Register.
5.7 [Reserved]
11 DE Reg. 1489 (05/01/08)
11/11/2007
6.0 Emission Standards for Chromium Emissions from Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks
6.1 Applicability and designation of sources
6.1.1 The affected source to which the provisions of 6.0 of this regulation apply is each chromium electroplating or chromium anodizing tank at facilities performing hard chromium electroplating, decorative chromium electroplating, or chromium anodizing.
6.1.2 Owners or operators of affected sources subject to the provisions of Section 6.0 of this regulation must also comply with the requirements of 3.0 of this regulation, according to the applicability of 3.0 of this regulation to such sources, as identified in Table 6-2 of this regulation.
6.1.3 Process tanks associated with a chromium electroplating or chromium anodizing process, but in which neither chromium electroplating nor chromium anodizing is taking place, are not subject to the provisions of 6.0 of this regulation. Examples of such tanks include, but are not limited to, rinse tanks, etching tanks, and cleaning tanks. Likewise, tanks that contain a chromium solution, but in which no electrolytic process occurs, are not subject to 6.0 of this regulation. An example of such a tank is a chrome conversion coating tank where no electrical current is applied.
6.1.4 Affected sources in which research and laboratory operations are performed are exempt from the provisions of 5.0 of this regulation when such operations are taking place.
6.1.5 The owner or operator of an area source subject to 6.0 of this regulation is exempt from the obligation to obtain a Title V operating permit under 7 DE Admin. Code 1130 of State of Delaware “Regulations Governing the Control of Air Pollution”, if the owner or operator is not required to obtain a Title V operating permit under 3.1 of 7 DE Admin. Code 1130 for a reason other than the owner or operator’s status as an area source under 6.0 of this regulation. Notwithstanding the previous sentence, the owner or operator shall continue to comply with the provisions of 6.0 of this regulation applicable to area sources.
6.2 Definitions and nomenclature.
6.2.1 Definitions.
Terms used in 6.0 of this regulation are defined in the Act, in 3.0 of this regulation, or in 6.2 of this regulation. For the purposes of 6.0 of this regulation, if the same term is defined in 3.0 and in 6.2 of this regulation, it shall have the meaning given in 6.2 of this regulation.
“Add-on air pollution control device” means equipment installed in the ventilation system of chromium electroplating and anodizing tanks for the purposes of collecting and containing chromium emissions from the tank or tanks.
“Air pollution control technique” means any method, such as an add-on air pollution control device or a chemical fume suppressant, used to reduce chromium emissions from chromium electroplating and chromium anodizing tanks.
“Base metal” means the metal or metal alloy that comprises the work piece.
“Bath component” means the trade or brand name of each component in trivalent chromium plating baths. For trivalent chromium baths, the bath composition is proprietary in most cases. Therefore, the trade or brand name for each component can be used; however, the chemical name of the wetting agent contained in that component must be identified.
“Chemical fume suppressant” means any chemical agent that reduces or suppresses fumes or mists at the surface of an electroplating or anodizing bath; another term for fume suppressant is mist suppressant.
“Chromic acid” means the common name for chromium anhydride (CrO3).
“Chromium anodizing” means the electrolytic process by which an oxide layer is produced on the surface of a base metal for functional purposes (e.g., corrosion resistance or electrical insulation) using a chromic acid solution. In chromium anodizing, the part to be anodized acts as the anode in the electrical circuit, and the chromic acid solution, with a concentration typically ranging from 50 to 100 grams per liter (g/L), serves as the electrolyte.
“Chromium anodizing tank” means the receptacle or container along with the following accompanying internal and external components needed for chromium anodizing: rectifiers fitted with controls to allow for voltage adjustments, heat exchanger equipment, circulation pumps, and air agitation systems.
“Chromium electroplating tank” means the receptacle or container along with the following internal and external components needed for chromium electroplating: rectifiers, anodes, heat exchanger equipment, circulation pumps, and air agitation systems.
“Composite mesh-pad system” means an add-on air pollution control device typically consisting of several mesh-pad stages. The purpose of the first stage is to remove large particles. Smaller particles are removed in the second stage, which consists of the composite mesh pad. A final stage may remove any re-entrained particles not collected by the composite mesh pad.
“Decorative chromium electroplating” means the process by which a thin layer of chromium (typically 0.003 to 2.5 microns) is electrodeposited on a base metal, plastic, or undercoating to provide a bright surface with wear and tarnish resistance. In this process, the part or parts serve as the cathode in the electrolytic cell and the solution serves as the electrolyte. Typical current density applied during this process ranges from 540 to 2,400 Amperes per square meter (amp/m2) for total plating times ranging between 0.5 to five minutes.
“Electroplating or anodizing bath” means the electrolytic solution used as the conducting medium in which the flow of current is accompanied by movement of metal ions for the purposes of electroplating metal out of the solution onto a work piece or for oxidizing the base material.
“Emission limitation” means, for the purposes of 5.0 of this regulation, the concentration of total chromium allowed to be emitted expressed in milligrams per dry standard cubic meter (mg/dscm), or the allowable surface tension expressed in dynes per centimeter (dynes/cm).
“Enclosed hard chromium electroplating tank” means a chromium electroplating tank that is equipped with an enclosing hood and ventilated at half the rate or less that of an open surface tank of the same surface area.
“Facility” means the major or area source at which chromium electroplating or chromium anodizing is performed.
“Fiber-bed mist eliminator” means an add-on air pollution control device that removes contaminants from a gas stream through the mechanisms of inertial impaction and Brownian diffusion. These devices are typically installed downstream of another control device, which serves to prevent plugging, and consist of one or more fiber beds. Each bed consists of a hollow cylinder formed from two concentric screens; the fiber between the screens may be fabricated from glass, ceramic, plastic, or metal.
“Foam blanket” means the type of chemical fume suppressant that generates a layer of foam across the surface of a solution when current is applied to that solution.
“Fresh water” means water, such as tap water, that has not been previously used in a process operation or, if the water has been recycled from a process operation, it has been treated and meets the effluent guidelines for chromium wastewater.
“Hard chromium electroplating or industrial chromium electroplating” means a process by which a thick layer of chromium (typically 1.3 to 760 microns) is electrodeposited on a base material to provide a surface with functional properties such as wear resistance, a low coefficient of friction, hardness, and corrosion resistance. In this process, the part serves as the cathode in the electrolytic cell and the solution serves as the electrolyte. Hard chromium electroplating process is performed at current densities typically ranging from 1,600 to 6,500 amp/m2 for total plating times ranging from 20 minutes to 36 hours depending upon the desired plate thickness.
“Hexavalent chromium” means the form of chromium in a valence state of +6.
“Large, hard chromium electroplating facility” means a facility that performs hard chromium electroplating and has a maximum cumulative potential rectifier capacity greater than or equal to 60 million ampere-hours per year (amp-hr/yr).
“Maximum cumulative potential rectifier capacity” means the summation of the total installed rectifier capacity associated with the hard chromium electroplating tanks at a facility, expressed in amperes, multiplied by the maximum potential operating schedule of 8,400 hours per year and 0.7, which assumes that electrodes are energized 70% of the total operating time. The maximum potential operating schedule is based on operating 24 hours per day, seven days per week, 50 weeks per year.
“Open surface hard chromium electroplating tank” means a chromium electroplating tank that is ventilated at a rate consistent with good ventilation practices for open tanks.
“Operating parameter value” means a minimum or maximum value established for a control device or process parameter which, if achieved by itself or in combination with one or more other operating parameter values, determines that an owner or operator is in continual compliance with the applicable emission limitation or standard.
“Packed-bed scrubber” means an add-on air pollution control device consisting of a single or double packed bed that contains packing media on which the chromic acid droplets impinge. The packed-bed section of the scrubber is followed by a mist eliminator to remove any water entrained from the packed-bed section.
“Research or laboratory operation” means an operation whose primary purpose is for research and development of new processes and products, that is conducted under the close supervision of technically trained personnel, and that is not involved in the manufacture of products for commercial sale in commerce, except in a de minimus manner.
“Small, hard chromium electroplating facility” means a facility that performs hard chromium electroplating and has a maximum cumulative potential rectifier capacity less than 60 million amp-hr/yr.
“Stalagmometer” means an instrument used to measure the surface tension of a solution by determining the mass of a drop of liquid by weighing a known number of drops or by counting the number of drops obtained from a given volume of liquid.
“Surface tension” means the property, due to molecular forces, that exists in the surface film of all liquids and tends to prevent liquid from spreading.
“Tank operation” means the time in which current or voltage is being applied to a chromium electroplating tank or a chromium anodizing tank.
“Tensiometer” means an instrument used to measure the surface tension of a solution by determining the amount of force needed to pull a ring from the liquid surface. The amount of force is proportional to the surface tension.
“Trivalent chromium” means the form of chromium in a valence state of +3.
“Trivalent chromium process” means the process used for electrodeposition of a thin layer of chromium onto a base material using a trivalent chromium solution instead of a chromic acid solution.
“Wetting agent” means the type of chemical fume suppressant that reduces the surface tension of a liquid.
6.2.2 Nomenclature.
The nomenclature used in 5.0 of this regulation has the following meaning:
6.2.2.1 AMR = the allowable mass emission rate from each type of affected source subject to the same emission limitation in milligrams per hour (mg/hr).
6.2.2.2 AMRsys = the allowable mass emission rate from affected sources controlled by an add-on air pollution control device controlling emissions from multiple sources in mg/hr.
6.2.2.3 EL = the applicable emission limitation in 6.3 of this regulation in milligrams per dry standard cubic meter (mg/dscm).
6.2.2.4 IAtotal = the sum of all inlet duct areas from both affected and nonaffected sources in meters squared.
6.2.2.5 IDAi = the total inlet area for all ducts associated with affected sources in meters squared.
6.2.2.6 IDAi,a = the total inlet duct area for all ducts conveying chromic acid from each type of affected source performing the same operation, or each type of affected source subject to the same emission limitation in meters squared.
6.2.2.7 VR = the total of ventilation rates for each type of affected source subject to the same emission limitation in dry standard cubic meters per minute (dscm/min).
6.2.2.8 VRinlet = the total ventilation rate from all inlet ducts associated with affected sources in dscm/min.
6.2.2.9 VRinlet,a = the total ventilation rate from all inlet ducts conveying chromic acid from each type of affected source performing the same operation, or each type of affected source subject to the same emission limitation in dscm/min.
6.2.2.10 VRtot = the average total ventilation rate for the three test runs as determined at the outlet by means of the Method 306 in Appendix A of 40 CFR Part 63 in dscm/min.
6.3 Standards.
6.3.1 Each owner or operator of an affected source subject to the provisions of 6.0 of this regulation shall comply with these requirements on and after the compliance dates specified in 6.4.1 of this regulation. All affected sources are regulated by applying maximum achievable control technology.
6.3.2 Applicability of emission limits.
6.3.2.1 The emission limitations in 6.3 of this regulation apply during tank operation as defined in 6.2 of this regulation, and during periods of startup and shutdown as these are routine occurrences for affected sources subject to 6.0 of this regulation. The emission limitations do not apply during periods of malfunction, but the operation and maintenance practices that are required in 6.3.6 of this regulation must be followed during malfunctions.
6.3.2.2 If an owner or operator is controlling a group of tanks with a common add-on air pollution control device, the emission limitations in 6.3.3 through 6.3.5 of this regulation apply whenever any one affected source is operated. The emission limitation that applies to the group of affected sources is:
6.3.2.2.1 The emission limitation identified in 6.3.3 though 6.3.5 of this regulation if the affected sources are performing the same type of operation (e.g., hard chromium electroplating), are subject to the same emission limitation, and are not controlled by an add-on air pollution control device also controlling nonaffected sources;
6.3.2.2.2 The emission limitation calculated according to 6.5.5.3 of this regulation if affected sources are performing the same type of operation, are subject to the same emission limitation, and are controlled with an add-on air pollution control device that is also controlling nonaffected sources; and
6.3.2.2.3 The emission limitation calculated according to 6.5.5.4 of this regulation if affected sources are performing different types of operations, or affected sources are performing the same operations but subject to different emission limitations, and are controlled with an add-on air pollution control device that may also be controlling emissions from nonaffected sources.
6.3.3 Standards for hard chromium electroplating tanks.
6.3.3.1 Standards for open surface hard chromium electroplating tanks. During tank operation, each owner or operator of an existing, new, or reconstructed affected source shall control chromium emissions discharged to the atmosphere from that affected source by either of the following:
6.3.3.1.1 Not allowing the concentration of total chromium in the exhaust gas stream discharged to the atmosphere to exceed 0.015 milligrams of total chromium per dry standard cubic meter (mg/dscm) of ventilation air (6.6x10-6 grains per dry standard cubic foot [gr/dscf]) for all open surface hard chromium electroplating tanks that are affected sources other than those that are existing affected sources located at small hard chromium electroplating facilities;
6.3.3.1.2 Not allowing the concentration of total chromium in the exhaust gas stream discharged to the atmosphere to exceed 0.03 mg/dscm (1.3x10-5 gr/dscf) if the open surface hard chromium electroplating tank is an existing affected source and is located at a small, hard chromium electroplating facility; or
6.3.3.1.3 If a chemical fume suppressant containing a wetting agent is used, by not allowing the surface tension of the electroplating or anodizing bath contained within the affected tank to exceed 45 dynes per centimeter (dynes/cm) (3.1×10-3 pound-force per foot (lbf/ft)) as measured by a stalagmometer or 35 dynes/cm (2.4×10-3 lbf/ft) as measured by a tensiometer at any time during tank operation.
6.3.3.2 Standards for enclosed hard chromium electroplating tanks. During tank operation, each owner or operator of an existing, new, or reconstructed affected source shall control chromium emissions discharged to the atmosphere from that affected source by either of the following:
6.3.3.2.1 Not allowing the concentration of total chromium in the exhaust gas stream discharged to the atmosphere to exceed 0.015 mg/dscm (6.6×10-6 gr/dscf) for all enclosed hard chromium electroplating tanks that are affected sources other than those that are existing affected sources located at small, hard chromium electroplating facilities;
6.3.3.2.2 Not allowing the concentration of total chromium in the exhaust gas stream discharged to the atmosphere to exceed 0.03 mg/dscm (1.3×10-5 gr/dscf) if the enclosed hard chromium electroplating tank is an existing affected source and is located at a small, hard chromium electroplating facility;
6.3.3.2.3 If a chemical fume suppressant containing a wetting agent is used, by not allowing the surface tension of the electroplating or anodizing bath contained within the affected tank to exceed 45 dynes/cm (3.1×10-3 lbf/ft) as measured by a stalagmometer or 35 dynes/cm (2.4×10-3 lbf/ft) as measured by a tensiometer at any time during tank operation;
6.3.3.2.4 Not allowing the mass rate of total chromium in the exhaust gas stream discharged to the atmosphere to exceed the maximum allowable mass emission rate determined by using the calculation procedure in 6.5.6.1.1 of this regulation for all enclosed hard chromium electroplating tanks that are affected sources other than those that are existing affected sources located at small, hard chromium electroplating facilities; or
6.3.3.2.5 Not allowing the mass rate of total chromium in the exhaust gas stream discharged to the atmosphere to exceed the maximum allowable mass emission rate determined by using the calculation procedure in 6.5.6.1.2 of this regulation if the enclosed hard chromium electroplating tank is an existing affected source and is located at a small, hard chromium electroplating facility.
6.3.3.3 Size demonstration of a hard chromium electroplating facility.
6.3.3.3.1 An owner or operator may demonstrate the size of a hard chromium electroplating facility through the definitions in 6.2.1 of this regulation. Alternatively, an owner or operator of a facility with a maximum cumulative potential rectifier capacity of 60 million amp-hr/yr or more may be considered small if the actual cumulative rectifier capacity is less than 60 million amp-hr/yr as demonstrated using the following procedures:
6.3.3.3.1.1 If records show that the facility’s previous annual actual rectifier capacity was less than 60 million amp-hr/yr, by using nonresettable ampere-hr meters and keeping monthly records of actual ampere-hr usage for each 12-month rolling period following the compliance date in accordance with 6.7.2.12 of this regulation. The actual cumulative rectifier capacity for the previous 12-month rolling period shall be tabulated monthly by adding the capacity for the current month to the capacities for the previous 11 months or
6.3.3.3.1.2 By accepting a Federally-enforceable limit on the maximum cumulative potential rectifier capacity of a hard chromium electroplating facility and by maintaining monthly records in accordance with 6.7.2.12 of this regulation to demonstrate that the limit has not been exceeded. The actual cumulative rectifier capacity for the previous 12-month rolling period shall be tabulated monthly by adding the capacity for the current month to the capacities for the previous 11 months.
6.3.3.3.2 Once the monthly records required to be kept in 6.3.3.3.2 and 6.7.2.12 of this regulation show that the actual cumulative rectifier capacity over the previous 12-month rolling period corresponds to the large designation, the owner or operator is subject to the emission limitation identified in 6.3.3.1.1, 6.3.3.1.3, 6.3.3.2.1, 6.3.3.2.3; or 5.3.3.2.4 of this regulation, in accordance with the compliance schedule in 6.4.1.5 of this regulation.
6.3.4 Standards for decorative chromium electroplating tanks using a chromic acid bath and chromium anodizing tanks. During tank operation, each owner or operator of an existing, new, or reconstructed affected source shall control chromium emissions discharged to the atmosphere from that affected source by either:
6.3.4.1 Not allowing the concentration of total chromium in the exhaust gas stream discharged to the atmosphere to exceed 0.01 mg/dscm (4.4x10-6 gr/dscf) or
6.3.4.2 If a chemical fume suppressant containing a wetting agent is used, by not allowing the surface tension of the electroplating or anodizing bath contained within the affected source to exceed 45 dynes/cm (3.1x10-3 lbf/ft) as measured by a stalagmometer or 35 dynes/cm (2.4x10-3 lbf/ft) as measured by a tensiometer at any time during operation of the tank.
6.3.5 Standards for decorative chromium electroplating tanks using a trivalent chromium bath.
6.3.5.1 Each owner or operator of an existing, new, or reconstructed decorative chromium electroplating tank that uses a trivalent chromium bath that incorporates a wetting agent as a bath ingredient is subject to the recordkeeping and reporting requirements in 6.7.2.14 and 6.8.9 of this regulation, but are not subject to the operation and maintenance practice requirements in 6.3.6 of this regulation, or the continuous compliance monitoring requirements in 6.4.3 of this regulation. The wetting agent must be an ingredient in the trivalent chromium bath components purchased from vendors.
6.3.5.2 Each owner or operator of an existing, new, or reconstructed decorative chromium electroplating tank that uses a trivalent chromium bath that does not incorporate a wetting agent as a bath ingredient is subject to the standards in 5.3.4 of this regulation.
6.3.5.3 Each owner or operator of existing, new, or reconstructed decorative chromium electroplating tank that had been using a trivalent chromium bath that incorporates a wetting agent and ceases using this type of bath must fulfill the reporting requirements in 6.8.9.3 of this regulation and comply with the applicable emission limitation within the timeframe specified in 6.4.1.7 of this regulation.
6.3.6 Operation and maintenance practices. All owners or operators subject to the standards in 6.3.3 and 6.3.4 of this regulation are subject to these operation and maintenance practices.
6.3.6.1 Requirements. The owner or operator of an existing, new, or reconstructed affected source shall:
6.3.6.1.1 At all times, including periods of startup, shutdown, and malfunction, owners or operators shall operate and maintain any affected source, including associated air pollution control devices and monitoring equipment, in a manner consistent with good air pollution control practices, consistent with the operation and maintenance plan required in 6.3.6.3 of this regulation.
6.3.6.1.2 Malfunctions shall be corrected as soon as practicable after their occurrence in accordance with the operation and maintenance plan required in 6.3.6.3 of this regulation.
6.3.6.1.3 Operation and maintenance requirements established pursuant to Section 112 of the Act are enforceable independent of emissions limitations or other requirements in relevant standards.
6.3.6.2 Review and revision of operating and maintenance procedures.
6.3.6.2.1 Determination of whether acceptable operation and maintenance procedures are being used will be based on information available to the Department, which may include, but is not limited to, monitoring results; review of the operation and maintenance plan, procedures, and records; and inspection of the source.
6.3.6.2.2 Based on the results of a determination made under 6.3.6.2.1 of this regulation, the Department may require that an owner or operator of an affected source make changes to the operation and maintenance plan required in 6.3.6.3 of this regulation for that source. Revisions may be required if the Department finds that the plan:
6.3.6.2.2.1 Does not address a malfunction that has occurred;
6.3.6.2.2.2 Fails to provide for the proper operation of the affected source, the air pollution control techniques, or the control system and process monitoring equipment during a malfunction in a manner consistent with good air pollution control practices; or
6.3.6.2.2.3 Does not provide adequate procedures for correcting malfunctioning process equipment, air pollution control techniques, or monitoring equipment as quickly as practicable.
6.3.6.3 Operation and maintenance plan.
6.3.6.3.1 The owner or operator of an affected source subject to the operation and maintenance practices in 5.3.6 of this regulation shall prepare an operation and maintenance plan to be implemented no later than the applicable compliance date. The plan shall be incorporated by reference into the source’s Title V operating permit, if and when a Title V operating permit is required. The plan shall include the following elements:
6.3.6.3.1.1 The plan shall specify the operation and maintenance criteria for the affected source, the add-on air pollution control device (if such a device is used to comply with the emission limits), and the process and control system monitoring equipment, and shall include a standardized checklist to document the operation and maintenance of this equipment;
6.3.6.3.1.2 For sources using an add-on air pollution control device or monitoring equipment to comply with 6.0 of this regulation, the plan shall incorporate the operation and maintenance practices for that device or monitoring equipment, as identified in Table 6-1 of this regulation, if the specific equipment used is identified in Table 6-1 of this regulation;
6.3.6.3.1.3 If the specific equipment used is not identified in Table 6-1 of this regulation, the plan shall incorporate proposed operation and maintenance practices. These proposed operation and maintenance practices shall be submitted to the Administrator (with copy to the Department) for approval as part of the submittal required in 6.4.4 of this regulation;
6.3.6.3.1.4 The plan shall specify procedures to be followed to ensure that equipment or process malfunctions due to poor maintenance or other preventable conditions do not occur; and
6.3.6.3.1.5 The plan shall include a systematic procedure for identifying malfunctions of process equipment, add-on air pollution control devices, and process and control system monitoring equipment and for implementing corrective actions to address such malfunctions.
6.3.6.3.2 If the operation and maintenance plan fails to address or inadequately addresses an event that meets the characteristics of a malfunction at the time the plan is initially developed, the owner or operator shall revise the operation and maintenance plan within 45 days after such an event occurs. The revised plan shall include procedures for operating and maintaining the process equipment, add-on air pollution control device, or monitoring equipment during similar malfunction events, and a program for corrective action for such events.
6.3.6.3.3 Recordkeeping associated with the operation and maintenance plan is identified in 6.3.6.3.5 and 6.7.2 of this regulation. Reporting associated with the operation and maintenance plan is identified in 6.3.6.3.4, 6.8.7, and 6.8.8 of this regulation.
6.3.6.3.4 If actions taken by the owner or operator during periods of malfunction are inconsistent with the procedures specified in the operation and maintenance plan required in 6.3.6.3.1 of this regulation, the owner or operator shall record the actions taken for that event and shall report by phone such actions within two working days after commencing actions inconsistent with the plan. This report shall be followed by a letter within seven working days after the end of the event, unless the owner or operator makes alternative reporting arrangements, in advance, with the Department.
6.3.6.3.5 The owner or operator shall keep the written operation and maintenance plan on record after it is developed to be made available for inspection, upon request, by the Department for the life of the affected source or until the source is no longer subject to the provisions of 6.0 of this regulation. In addition, if the operation and maintenance plan is revised, the owner or operator shall keep previous (i.e., superseded) versions of the operation and maintenance plan on record to be made available for inspection, upon request, by the Department for a period of five years after each revision to the plan.
6.3.6.3.6 To satisfy the requirements in 6.3.6.3 of this regulation, the owner or operator may use applicable standard operating procedure (SOP) manuals, Occupational Safety and Health Administration (OSHA) plans, or other existing plans, provided the alternative plans meet the requirements in 6.3 of this regulation.
6.3.7 The standards in this section that apply to chromic acid baths shall not be met by using a reducing agent to change the form of chromium from hexavalent to trivalent.
Table 6-1 -- Summary of Operation and Maintenance Practices
 
a If greater than 50% of the scrubber water is drained (e.g., for maintenance purposes), makeup water may be added to the scrubber basin.
b For horizontal-flow scrubbers, top is defined as the section of the unit directly above the packing media such that the makeup water would flow perpendicular to the air flow through the packing. For vertical-flow units, the top is defined as the area downstream of the packing material such that the makeup water would flow countercurrent to the air flow through the unit.
c Operating and maintenance practices for the control device installed upstream of the fiber-bed mist eliminator to prevent plugging do not apply as long as the operating and maintenance practices for the fiber-bed unit are followed.
6.4 Compliance provisions.
6.4.1 Compliance dates.
6.4.1.1 The owner or operator of an existing affected source shall comply by September 11, 1999 with the emission limitations in 6.3 of this regulation.
6.4.1.1.1 [Reserved]
6.4.1.1.2 [Reserved]
6.4.1.2 The owner or operator of a new or reconstructed affected source that has an initial startup after January 25, 1995, shall comply by September 11, 1999 or immediately upon startup of the source, whichever is later. The owner or operator of a new or reconstructed affected source that has an initial startup after December 16, 1993 but before January 25, 1995, shall comply by September 11, 1999.
6.4.1.3 The owner or operator of an existing area source that increases actual or potential emissions of hazardous air pollutants such that the area source becomes a major source must comply with the provisions for existing major sources, including the reporting provisions in 6.8.7 of this regulation, immediately upon becoming a major source.
6.4.1.4 The owner or operator of a new area source (i.e., an area source for which construction or reconstruction was commenced after December 16, 1993) that increases actual or potential emissions of hazardous air pollutants such that the area source becomes a major source must comply with the provisions for new major sources, immediately upon becoming a major source.
6.4.1.5 An owner or operator of an existing hard chromium electroplating tank or tanks located at a small, hard chromium electroplating facility that increases its maximum cumulative potential rectifier capacity, or its actual cumulative rectifier capacity, such that the facility becomes a large, hard chromium electroplating facility must comply with the requirements in 6.3.3.1.1 of this regulation for all hard chromium electroplating tanks at the facility no later than one year after the month in which monthly records required by 6.3.3.2 and 6.7.2.12 of this regulation show that the large designation is met.
6.4.1.6 Request for an extension of compliance. An owner or operator of an affected source or sources that requests an extension of compliance shall do so in accordance with 6.4.1.6 of this regulation and the applicable provisions 3.6.9 of this regulation. When the owner or operator is requesting the extension for more than one affected source located at the facility, then only one request may be submitted for all affected sources at the facility.
6.4.1.6.1 [Reserved]
6.4.1.6.2 [Reserved]
6.4.1.7 An owner or operator of a decorative chromium electroplating tank that uses a trivalent chromium bath that incorporates a wetting agent, and that ceases using the trivalent chromium process, must comply with the emission limitation now applicable to the tank within one year of switching bath operation.
6.4.2 Methods to demonstrate initial compliance.
6.4.2.1 Except as provided in 6.4.2.2 and 6.4.2.3 of this regulation, an owner or operator of an affected source subject to the requirements of 6.0 of this regulation is required to conduct an initial performance test as required under 3.7 of this regulation using the procedures and test methods listed in 3.7 of this regulation and 6.5 of this regulation.
6.4.2.2 If the owner or operator of an affected source meets all of the following criteria, an initial performance test is not required to be conducted under 6.0 of this regulation:
6.4.2.2.1 The affected source is a hard chromium electroplating tank, a decorative chromium electroplating tank or a chromium anodizing tank;
6.4.2.2.2 A wetting agent is used in the plating or anodizing bath to inhibit chromium emissions from the affected source; and
6.4.2.2.3 The owner or operator complies with the applicable surface tension limit in 6.3.3.1.3, 6.3.3.2.3, or 6.3.4.2 of this regulation as demonstrated through the continuous compliance monitoring required in 6.4.3.5.2 of this regulation.
6.4.2.3 If the affected source is a decorative chromium electroplating tank using a trivalent chromium bath, and the owner or operator is subject to the provisions of 6.3.5 of this regulation, an initial performance test is not required to be conducted under 6.0 of this regulation.
6.4.3 Monitoring to demonstrate continuous compliance. The owner or operator of an affected source subject to the emission limitations of 5.0 of this regulation shall conduct monitoring according to the type of air pollution control technique that is used to comply with the emission limitation. The monitoring required to demonstrate continuous compliance with the emission limitations is identified in this section for the air pollution control techniques expected to be used by the owners or operators of affected sources.
6.4.3.1 Composite mesh-pad systems.
6.4.3.1.1 During the initial performance test, the owner or operator of an affected source, or a group of affected sources under common control, complying with the emission limitations in 6.3 of this regulation through the use of a composite mesh-pad system shall determine the outlet chromium concentration using the test methods and procedures in 6.5.3 of this regulation, and shall establish as a site-specific operating parameter the pressure drop across the system, setting the value that corresponds to compliance with the applicable emission limitation, using the procedures in 6.5.4.5 of this regulation. An owner or operator may conduct multiple performance tests to establish a range of compliant pressure drop values, or may set as the compliant value the average pressure drop measured over the three test runs of one performance test and accept ±1 inch of water column from this value as the compliant range.
6.4.3.1.2 On and after the date on which the initial performance test is required to be completed under 3.7 of this regulation, the owner or operator of an affected source, or group of affected sources under common control, shall monitor and record the pressure drop across the composite mesh-pad system once each day that any affected source is operating. To be in compliance with the standards, the composite mesh-pad system shall be operated within ±1 inch of water column of the pressure drop value established during the initial performance test, or shall be operated within the range of compliant values for pressure drop established during multiple performance tests.
6.4.3.1.3 The owner or operator of an affected source complying with the emission limitations in 6.4 of this regulation through the use of a composite mesh-pad system may repeat the performance test and establish as a new site-specific operating parameter the pressure drop across the composite mesh-pad system according to the requirements in 6.4.3.1.1 or 6.4.3.1.2 of this regulation. To establish a new site-specific operating parameter for pressure drop, the owner or operator shall satisfy the requirements specified in 6.4.3.1.3.1 through 6.4.3.1.3.4 of this regulation.
6.4.3.1.3.1 Determine the outlet chromium concentration using the test methods and procedures in 5.5.3 of this regulation;
6.4.3.1.3.2 Establish the site-specific operating parameter value using the procedures in 6.5.4.5 of this regulation;
6.4.3.1.3.3 Satisfy the recordkeeping requirements in 6.7.2.6 through 6.7.2.8 of this regulation; and
6.4.3.1.3.4 Satisfy the reporting requirements in 6.8.4 and 6.8.6 of this regulation.
6.4.3.1.4 The requirement to operate a composite mesh-pad system within the range of pressure drop values established in 6.4.3.1.1 through 6.4.3.1.3 of this regulation does not apply during automatic washdown cycles of the composite mesh-pad system.
6.4.3.2 Packed-bed scrubber systems.
6.4.3.2.1 During the initial performance test, the owner or operator of an affected source, or group of affected sources under common control, complying with the emission limitations in 6.3 of this regulation through the use of a packed-bed scrubber system shall determine the outlet chromium concentration using the procedures in 6.5.3 of this regulation, and shall establish as site-specific operating parameters the pressure drop across the system and the velocity pressure at the common inlet of the control device, setting the value that corresponds to compliance with the applicable emission limitation using the procedures in 6.5.4.4 and 6.5.4.5 of this regulation. An owner or operator may conduct multiple performance tests to establish a range of compliant operating parameter values. Alternatively, the owner or operator may set as the compliant value the average pressure drop and inlet velocity pressure measured over the three test runs of one performance test, and accept ±1 inch of water column from the pressure drop value and ±10% from the velocity pressure value as the compliant range.
6.4.3.2.2 On and after the date on which the initial performance test is required to be completed under 2.7 of this regulation, the owner or operator of an affected source, or group of affected sources under common control, shall monitor and record the velocity pressure at the inlet to the packed-bed system and the pressure drop across the scrubber system once each day that any affected source is operating. To be in compliance with the standards, the scrubber system shall be operated within ±10% of the velocity pressure value established during the initial performance test, and within ± 1 inch of water column of the pressure drop value established during the initial performance test, or within the range of compliant operating parameter values established during multiple performance tests.
6.4.3.3 Packed-bed scrubber/composite mesh-pad system. The owner or operator of an affected source, or group of affected sources under common control, that uses a packed-bed scrubber in conjunction with a composite mesh-pad system to meet the emission limitations in 6.3 of this regulation shall comply with the monitoring requirements for composite mesh-pad systems as identified in 6.4.3.1 of this regulation.
6.4.3.4 Fiber-bed mist eliminator.
6.4.3.4.1 During the initial performance test, the owner or operator of an affected source, or group of affected sources under common control, complying with the emission limitations in 6.3 of this regulation through the use of a fiber-bed mist eliminator shall determine the outlet chromium concentration using the procedures in 6.5.3 of this regulation, and shall establish as a site-specific operating parameter the pressure drop across the fiber-bed mist eliminator and the pressure drop across the control device installed upstream of the fiber bed to prevent plugging, setting the value that corresponds to compliance with the applicable emission limitation using the procedures in 6.5.4.5 of this regulation. An owner or operator may conduct multiple performance tests to establish a range of compliant pressure drop values, or may set as the compliant value the average pressure drop measured over the three test runs of one performance test and accept ±1 inch of water column from this value as the compliant range.
6.4.3.4.2 On and after the date on which the initial performance test is required to be completed under 6.7 of this regulation, the owner or operator of an affected source, or group of affected sources under common control, shall monitor and record the pressure drop across the fiber-bed mist eliminator, and the control device installed upstream of the fiber bed to prevent plugging, once each day that any affected source is operating. To be in compliance with the standards, the fiber-bed mist eliminator and the upstream control device shall be operated within ±1 inch of water column of the pressure drop value established during the initial performance test, or shall be operated within the range of compliant values for pressure drop established during multiple performance tests.
6.4.3.5 Wetting agent-type or combination wetting agent-type/foam blanket fume suppressants.
6.4.3.5.1 During the initial performance test, the owner or operator of an affected source complying with the emission limitations in 6.3 of this regulation through the use of a wetting agent in the electroplating or anodizing bath shall determine the outlet chromium concentration using the procedures in 5.5.3 of this regulation. The owner or operator shall establish as the site-specific operating parameter the surface tension of the bath using Method 306B in Appendix A of 40 CFR Part 63, setting the maximum value that corresponds to compliance with the applicable emission limitation. In lieu of establishing the maximum surface tension during the performance test, the owner or operator may accept 45 dynes/cm as measured by a stalagmometer or 35 dynes/cm as measured by a tensiometer as the maximum surface tension value that corresponds to compliance with the applicable emission limitation. However, the owner or operator is exempt from conducting a performance test only if the criteria in 5.4.2.2 of this regulation are met.
6.4.3.5.2 On and after the date on which the initial performance test is required to be completed under 2.7 of this regulation, the owner or operator of an affected source shall monitor the surface tension of the electroplating or anodizing bath. Operation of the affected source at a surface tension greater than the value established during the performance test, or greater than 45 dynes/cm as measured by a stalagmometer or 35 dynes/cm as measured by a tensiometer if the owner or operator is using this value in accordance with 6.4.3.5.1 of this regulation, shall constitute noncompliance with the standards. The surface tension shall be monitored according to the following schedule:
6.4.3.5.2.1 The surface tension shall be measured once every four hours during operation of the tank with a stalagmometer or a tensiometer as specified in Method 306B in Appendix A of 40 CFR Part 63.
6.4.3.5.2.2 The time between monitoring can be increased if there have been no exceedances. The surface tension shall be measured once every four hours of tank operation for the first 40 hours of tank operation after the compliance date. Once there are no exceedances during 40 hours of tank operation, surface tension measurement may be conducted once every eight hours of tank operation. Once there are no exceedances during 40 hours of tank operation, surface tension measurement may be conducted once every 40 hours of tank operation on an ongoing basis, until an exceedance occurs. The minimum frequency of monitoring allowed by 7.0 of this regulation is once every 40 hours of tank operation.
6.4.3.5.2.3 Once an exceedance occurs as indicated through surface tension monitoring, the original monitoring schedule of once every four hours must be resumed. A subsequent decrease in frequency shall follow the schedule laid out in 6.4.3.5.2.2 of this regulation. For example, if an owner or operator had been monitoring an affected source once every 40 hours and an exceedance occurs, subsequent monitoring would take place once every four hours of tank operation. Once an exceedance does not occur for 40 hours of tank operation, monitoring can occur once every four hours of tank operation. Once an exceedance does not occur for 40 hours of tank operation on this schedule, monitoring can occur once every 40 hours of tank operation.
6.4.3.5.3 Once a bath solution is drained from the affected tank and a new solution added, the original monitoring schedule of once every four hours must be resumed, with a decrease in monitoring frequency allowed following the procedures in 6.4.3.5.2.2 and 6.4.3.5.2.3 of this regulation.
6.4.3.6 Foam blanket-type fume suppressants.
6.4.3.6.1 During the initial performance test, the owner or operator of an affected source complying with the emission limitations in 6.3 of this regulation through the use of a foam blanket in the electroplating or anodizing bath shall determine the outlet chromium concentration using the procedures in 6.5.3 of this regulation, and shall establish as the site-specific operating parameter the thickness of the foam blanket, setting the minimum thickness that corresponds to compliance with the applicable emission limitation. In lieu of establishing the minimum foam blanket thickness during the performance test, the owner or operator may accept 3.54 centimeters (one inch) as the minimum foam blanket thickness that corresponds to compliance with the applicable emission limitation. All foam blanket measurements must be taken in close proximity to the work piece or cathode area in the plating tank or tanks.
6.4.3.6.2 On and after the date on which the initial performance test is required to be completed under 3.7 of this regulation, the owner or operator of an affected source shall monitor the foam blanket thickness of the electroplating or anodizing bath. Operation of the affected source at a foam blanket thickness less than the value established during the performance test, or less than 2.54 cm (one inch) if the owner or operator is using this value in accordance with 6.4.3.6.1 of this regulation, shall constitute noncompliance with the standards. The foam blanket thickness shall be measured according to the following schedule:
6.4.3.6.2.1 The foam blanket thickness shall be measured once every hour of tank operation.
6.4.3.6.2.2 The time between monitoring can be increased if there have been no exceedances. The foam blanket thickness shall be measured once every hour of tank operation for the first 40 hours of tank operation after the compliance date. Once there are no exceedances for 40 hours of tank operation, foam blanket thickness measurement may be conducted once every four hours of tank operation. Once there are no exceedances during 40 hours of tank operation, foam blanket thickness measurement may be conducted once every four hours of tank operation on an ongoing basis, until an exceedance occurs. The minimum frequency of monitoring allowed by 6.0 of this regulation is once per four hours of tank operation.
6.4.3.6.2.3 Once an exceedance occurs as indicated through foam blanket thickness monitoring, the original monitoring schedule of once every hour must be resumed. A subsequent decrease in frequency shall follow the schedule laid out in 6.4.3.6.2.2 of this regulation. For example, if an owner or operator had been monitoring an affected source once every 8 hours and an exceedance occurs, subsequent monitoring would take place once every hour of tank operation. Once an exceedance does not occur for 40 hours of tank operation, monitoring can occur once every four hours of tank operation. Once an exceedance does not occur for 40 hours of tank operation on this schedule, monitoring can occur once every four hours of tank operation.
6.4.3.6.3 Once a bath solution is drained from the affected tank and a new solution added, the original monitoring schedule of once every hour must be resumed, with a decrease in monitoring frequency allowed following the procedures in 6.4.3.6.2.2 and 6.4.3.6.2.3 of this regulation.
6.4.3.7 Fume suppressant/add-on control device.
6.4.3.7.1 If the owner or operator of an affected source uses both a fume suppressant and add-on control device and both are needed to comply with the applicable emission limit, monitoring requirements as identified 6.4.3.1 through 6.4.3.6 of this regulation, and the operation and maintenance practices of Table 6-1 of this regulation, apply for each of the control techniques used.
6.4.3.7.2 If the owner or operator of an affected source uses both a fume suppressant and add-on control device, but only one of these techniques is needed to comply with the applicable emission limit, monitoring requirements as identified in 6.4.3.1 through 6.4.3.6 of this regulation, and the operation and maintenance practices of Table 6-1 of this regulation, apply only for the control technique used to achieve compliance.
6.4.3.8 Use of an alternative monitoring method.
6.4.3.8.1 Requests and approvals of alternative monitoring methods shall be considered in accordance with 3.8.6.1, 3.8.6.3, 3.8.6.4, and 3.8.6.5 of this regulation.
6.4.3.8.2 After receipt and consideration of an application for an alternative monitoring method, the Administrator may approve alternatives to any monitoring methods or procedures of 6.0 of this regulation including, but not limited to, the following:
6.4.3.8.2.1 Alternative monitoring requirements when installation or use of monitoring devices specified in 6.0 of this regulation would not provide accurate measurements due to interferences caused by substances within the effluent gases or
6.4.3.8.2.2 Alternative locations for installing monitoring devices when the owner or operator can demonstrate that installation at alternate locations will enable accurate and representative measurements.
6.4.4 An owner or operator who uses an air pollution control device not listed in this section shall submit to the Administrator (with copy to the Department) a description of the device, test results collected in accordance with 6.5.3 of this regulation verifying the performance of the device for reducing chromium emissions to the atmosphere to the level required by 6.0 of this regulation, a copy of the operation and maintenance plan referenced in 6.3.6 of this regulation including operation and maintenance practices, and appropriate operating parameters that will be monitored to establish continuous compliance with the standards. The monitoring plan submitted identifying the continuous compliance monitoring is subject to the Administrator’s approval.
6.5 Performance test requirements and test methods.
6.5.1 Performance test requirements. Performance tests shall be conducted using the test methods and procedures in 6.5 of this regulation and 3.7 of this regulation. Performance test results shall be documented in complete test reports that contain the information required in 6.5.1.1 through 6.5.1.9 of this regulation. The test plan to be followed shall be made available to the Department prior to the testing, if requested.
6.5.1.1 A brief process description;
6.5.1.2 Sampling location description or descriptions;
6.5.1.3 A description of sampling and analytical procedures and any modifications to standard procedures;
6.5.1.4 Test results;
6.5.1.5 Quality assurance procedures and results;
6.5.1.6 Records of operating conditions during the test, preparation of standards, and calibration procedures;
6.5.1.7 Raw data sheets for field sampling and field and laboratory analyses;
6.5.1.8 Documentation of calculations; and
6.5.1.9 Any other information required by the test method.
6.5.2 Other performance testing options and limitations.
6.5.2.1 If the owner or operator of an affected source conducts performance testing at startup to obtain an operating permit, the results of such testing may be used to demonstrate compliance with 6.0 of this regulation if:
6.5.2.1.1 The test methods and procedures identified in 6.5.3 of this regulation were used during the performance test;
6.5.2.1.2 The performance test was conducted under representative operating conditions for the source;
6.5.2.1.3 The performance test report contains the elements required in 6.5.1 of this regulation; and
6.5.2.1.4 The owner or operator of the affected source for which the performance test was conducted has sufficient data to establish the operating parameter value or values that correspond to compliance with the standards, as required for continuous compliance monitoring in 6.4.3 of this regulation.
6.5.2.2 The results of tests conducted prior to December 1991 in which Method 306A in Appendix A of 40 CFR Part 63, was used to demonstrate the performance of a control technique are not acceptable.
6.5.3 Test methods. Each owner or operator subject to the provisions of 6.0 of this regulation and required in 6.4.2 of this regulation to conduct an initial performance test shall use the test methods identified in 6.0 of this regulation to demonstrate compliance with the standards in 6.3 of this regulation.
6.5.3.1 Method 306 or Method 306A, “Determination of Chromium Emissions From Decorative and Hard Chromium Electroplating and Anodizing Operations,” in Appendix A of 40 CFR Part 63 shall be used to determine the chromium concentration from hard or decorative chromium electroplating tanks or chromium anodizing tanks. The sampling time and sample volume for each run of Methods 306 and 306A in Appendix of 40 CFR Part 63 shall be at least 120 minutes and 1.70 dscm (60 dscf), respectively. Methods 306 and 306A in Appendix A of 40 CFR Part 63 allow the measurement of either total chromium or hexavalent chromium emissions. For the purposes of 5.0 of this regulation, sources using chromic acid baths can demonstrate compliance with the emission limits of 6.3 of this regulation by measuring either total chromium or hexavalent chromium. Hence, the hexavalent chromium concentration measured by these methods is equal to the total chromium concentration for the affected operations.
6.5.3.2 The California Air Resources Board (CARB) Method 425 (which is available by contacting the California Air Resources Board, 1102 Q Street, Sacramento, California 95814) may be used to determine the chromium concentration from hard and decorative chromium electroplating tanks and chromium anodizing tanks if the following conditions are met:
6.5.3.2.1 If a colorimetric analysis method is used, the sampling time and volume shall be sufficient to result in 33 to 66 micrograms of catch in the sampling train.
6.5.3.2.2 If Atomic Absorption Graphite Furnace (AAGF) or Ion Chromatography with a Post-column Reactor (ICPCR) analyses were used, the sampling time and volume should be sufficient to result in a sample catch that is 5 to 10 times the minimum detection limit of the analytical method (i.e., 1.0 microgram per liter of sample for AAGF and 0.5 microgram per liter of sample for ICPCR).
6.5.3.2.3 In the case of either 6.5.3.2.1 or 6.5.3.2.2 of this regulation, a minimum of three separate runs must be conducted. The other requirements of 3.7 of this regulation that apply to affected sources, as indicated in Table 6-2 of this regulation, must also be met.
6.5.3.3 Method 306B, “Surface Tension Measurement and Recordkeeping for Tanks Used at Decorative Chromium Electroplating and Anodizing Facilities” in Appendix A of 40 CFR Part 63 shall be used to measure the surface tension of electroplating and anodizing baths.
6.5.3.4 Alternate test methods may also be used if the method has been validated using Method 301 in Appendix A of 40 CFR Part 63 and if approved by the Administrator. Procedures for requesting and obtaining approval are contained in 3.7.5 of this regulation.
6.5.4 Establishing site-specific operating parameter values.
6.5.4.1 Each owner or operator required to establish site-specific operating parameters shall follow the procedures in 6.5 of this regulation.
6.5.4.2 All monitoring equipment shall be installed such that representative measurements of emissions or process parameters from the affected source are obtained. For monitoring equipment purchased from a vendor, verification of the operational status of the monitoring equipment shall include execution of the manufacturer’s written specifications or recommendations for installation, operation, and calibration of the system.
6.5.4.2.1 Specifications for differential pressure measurement devices used to measure velocity pressure shall be in accordance with Section 3.2 of Method 2 in Appendix A of 40 CFR Part 60.
6.5.4.2.2 Specification for differential pressure measurement devices used to measure pressure drop across a control system shall be in accordance with manufacturer’s accuracy specifications.
6.5.4.3 The surface tension of electroplating and anodizing baths shall be measured using Method 306B, “Surface Tension Measurement and Recordkeeping for Tanks used at Decorative Chromium Electroplating and Anodizing Facilities” in Appendix A of 40 CFR Part 63. This method should also be followed when wetting agent type or combination wetting agent/foam blanket type fume suppressants are used to control chromium emissions from a hard chromium electroplating tank and surface tension measurement is conducted to demonstrate continuous compliance.
6.5.4.4 The owner or operator of a source required to measure the velocity pressure at the inlet to an add-on air pollution control device in accordance with 6.4.3.2 of this regulation, shall establish the site-specific velocity pressure as follows:
6.5.4.4.1 Locate a velocity traverse port in a section of straight duct that connects the hooding on the plating tank or tanks with the control device. The port shall be located as close to the control system as possible, and shall be placed a minimum of two duct diameters downstream and 0.5 duct diameter upstream of any flow disturbance such as a bend, expansion, or contraction (see Method 1 in Appendix A of 40 CFR Part 60). If 2.5 diameters of straight duct work do not exist, locate the port 0.8 of the duct diameter downstream and 0.2 of the duct diameter upstream from any flow disturbance.
6.5.4.4.2 A 12-point velocity traverse of the duct to the control device shall be conducted along a single axis according to Method 2 in Appendix A of 40 CFR Part 60 using an S-type pitot tube; measurement of the barometric pressure and duct temperature at each traverse point is not required, but is suggested. Mark the S-type pitot tube as specified in Method 1 in Appendix A of 40 CFR Part 60 with 12 points. Measure the velocity pressure (p) values for the velocity points and record. Determine the square root of the individual velocity point p values and average. The point with the square root value that comes closest to the average square root value is the point of average velocity. The p value measured for this point during the performance test will be used as the reference for future monitoring.
6.5.4.5 The owner or operator of a source required to measure the pressure drop across the add-on air pollution control device in accordance with 6.4.3.1 through 6.4.3.4 of this regulation may establish the pressure drop in accordance with the following guidelines:
6.5.4.5.1 Pressure taps shall be installed at any of the following locations:
6.5.4.5.1.1 At the inlet and outlet of the control system. The inlet tap should be installed in the ductwork just prior to the control device and the corresponding outlet pressure tap should be installed on the outlet side of the control device prior to the blower or on the downstream side of the blower;
6.5.4.5.1.2 On each side of the packed bed within the control system or on each side of each mesh pad within the control system; or
6.5.4.5.1.3 On the front side of the first mesh pad and back side of the last mesh pad within the control system.
6.5.4.5.2 Pressure taps shall be sited at locations that are:
6.5.4.5.2.1 Free from pluggage as possible and away from any flow disturbances such as cyclonic demisters.
6.5.4.5.2.2 Situated such that no air infiltration at measurement site will occur that could bias the measurement.
6.5.4.5.3 Pressure taps shall be constructed of either polyethylene, polybutylene, or other nonreactive materials.
6.5.4.5.4 Nonreactive plastic tubing shall be used to connect the pressure taps to the device used to measure pressure drop.
6.5.4.5.5 Any of the following pressure gauges can be used to monitor pressure drop: a magnehelic gauge, an inclined manometer, or a “U” tube manometer.
6.5.4.5.6 Prior to connecting any pressure lines to the pressure gauge or gauges, each gauge should be zeroed. No calibration of the pressure gauges is required.
6.5.5 Special compliance provisions for multiple sources controlled by a common add-on air pollution control device.
6.5.5.1 This section identifies procedures for measuring the outlet chromium concentration from an add-on air pollution control device that is used to control multiple sources that may or may not include sources not affected by 6.0 of this regulation.
6.5.5.2 When multiple affected sources performing the same type of operation (e.g., all are performing hard chromium electroplating) and subject to the same emission limitation are controlled with an add-on air pollution control device that is not controlling emissions from any other type of affected operation or from any nonaffected sources, the applicable emission limitation identified in 6.3 of this regulation must be met at the outlet of the add-on air pollution control device.
6.5.5.3 When multiple affected sources performing the same type of operation and subject to the same emission limitation are controlled with a common add-on air pollution control device that is also controlling emissions from sources not affected by these standards, the following procedures should be followed to determine compliance with the applicable emission limitation in 6.3 of this regulation:
6.5.5.3.1 Calculate the cross-sectional area of each inlet duct (i.e., uptakes from each hood) including those not affected by the standard.
6.5.5.3.2 Determine the total sample time per test run by dividing the total inlet area from all tanks connected to the control system by the total inlet area for all ducts associated with affected sources, and then multiply this number by two hours. The calculated time is the minimum sample time required per test run.
6.5.5.3.3 Perform Method 306 testing and calculate an outlet mass emission rate.
6.5.5.3.4 Determine the total ventilation rate from the affected sources (VRinlet) by using equation 5-1:
VRinlet = VRtot * IDAi / IAtotal (6-1)
where:
VRinlet = the total ventilation rate from all inlet ducts associated with affected sources;
VRtot = the average total ventilation rate in dscm/min for the three test runs as determined at the outlet by means of the Method 306 testing;
IDAi = the total inlet area for all ducts associated with affected sources; and
IAtotal = the sum of all inlet duct areas from both affected and nonaffected sources.
6.5.5.3.5 Establish the allowable mass emission rate of the system (AMRsys) in milligrams of total chromium per hour (mg/hr) using equation 6-2:
AMRsys = VRinlet * EL * 60 minutes/hour (6-2)
where:
AMRsys = the allowable mass emission rate of the system in mg/hr;
VRinlet = the average total ventilation rate in dscm/min for the three test runs from the affected sources; and
EL = the applicable emission limitation in 6.3 of this regulation in mg/dscm.
The allowable mass emission rate (AMRsys) calculated from equation 6-2 of this regulation should be equal to or more than the outlet three-run average mass emission rate determined from Method 306 testing in order for the source to be in compliance with the standard.
6.5.5.4 When multiple affected sources performing different types of operations (e.g., hard chromium electroplating, decorative chromium electroplating, or chromium anodizing) are controlled by a common add-on air pollution control device that may or may not also be controlling emissions from sources not affected by these standards, or if the affected sources controlled by the common add-on air pollution control device perform the same operation but are subject to different emission limitations (e.g., because one is a new hard chromium plating tank and one is an existing small, hard chromium plating tank), the following procedures should be followed to determine compliance with the applicable emission limitation in 6.3 of this regulation:
6.5.5.4.1 Follow the steps outlined in 6.5.5.3.1 through 6.5.5.3.3 of this regulation.
6.5.5.4.2 Determine the total ventilation rate for each type of affected source (Vrinlet,a) using equation 5-3:
VRinlet,a = VRtot * IDAi,a / IAtotal (6-3)
where:
VRinlet,a = the total ventilation rate from all inlet ducts conveying chromic acid from each type of affected source performing the same operation, or each type of affected source subject to the same emission limitation;
VRtot = the average total ventilation rate in dscm/min for the three test runs as determined at the outlet by means of the Method 306 testing;
IDAi,a = the total inlet duct area for all ducts conveying chromic acid from each type of affected source performing the same operation, or each type of affected source subject to the same emission limitation; and
Atotal = the sum of all duct areas from both affected and nonaffected sources.
6.5.5.4.3 Establish the allowable mass emission rate in mg/hr for each type of affected source (AMR) that is controlled by the add-on air pollution control device using equations 6-4, 6-5, 6-6 or 6-7 as appropriate:
AMRhc1 = VRhc1 * ELhc1 * 60 minutes/hour (6-4)
AMRhc2 = VRhc2 * ELhc2 * 60 minutes/hour (6-5)
AMRdc = VRdc * ELdc * 60 minutes/hour (6-6)
AMRca = VRca * ELca * 60 minutes/hour (6-7)
where:
AMR = the allowable mass emission rate in mg/hr for each type of affected source;
VR = the total ventilation rate from all inlet ducts conveying chromic acid;
EL = the applicable emission limitation in 6.3 of this regulation in mg/dscm. There are two equations for hard chromium electroplating tanks because different emission limitations may apply (e.g., a new tank versus an existing, small tank); and
“hc” applies to the total of ventilation rates for all hard chromium electroplating tanks subject to the same emission limitation;
“dc” applies to the total of ventilation rates for the decorative chromium electroplating tanks; and
“ca” applies to the total of ventilation rates for the chromium anodizing tanks.
6.5.5.4.4 Establish the allowable mass emission rate (AMRsys) in mg/hr for the system using equation 5-8, including each type of affected source as appropriate:
AMRsys = AMRhc1 + AMRhc2 + AMRdc + AMRca (6-8)
The allowable mass emission rate calculated from equation (6-8) of this regulation should be equal to or more than the outlet three-run average mass emission rate determined from Method 306 testing in order for the source to be in compliance with the standards.
6.5.5.5 Each owner or operator that uses the special compliance provisions in 6.5.5 of this regulation to demonstrate compliance with the emission limitations in 6.3 of this regulation shall submit the measurements and calculations to support these compliance methods with the notification of compliance status required in 6.8.5 of this regulation.
6.5.5.6 Each owner or operator that uses the special compliance provisions in 6.5 of this regulation to demonstrate compliance with the emission limitations in 6.3 of this regulation shall repeat these procedures if a tank is added or removed from the control system regardless of whether that tank is a nonaffected source. If the new nonaffected tank replaces an existing nonaffected tank of the same size and is connected to the control system through the same size inlet duct then this procedure does not have to be repeated.
6.5.6 Compliance provisions for the mass rate emission standard for enclosed hard chromium electroplating tanks.
6.5.6.1 Procedures for calculating the maximum allowable mass emission rate for owners or operators who choose to meet the mass emission rate standard in 6.3.3.2.4 of this regulation.
6.5.6.1.1 The owner or operator of an enclosed hard chromium electroplating tank that is an affected source other than an existing affected source located at a small hard chromium electroplating facility who chooses to meet the mass emission rate standard in 6.3.3.2.4 of this regulation shall determine compliance by not allowing the mass rate of total chromium in the exhaust gas stream discharged to the atmosphere to exceed the maximum allowable mass emission rate (MAMER) calculated using equation 6-9:
MAMER = ETSA * K * 0.015 mg/dscm (6-9)
where:
MAMER = the alternative emission rate for enclosed hard chromium electroplating tanks in mg/hr;
ETSA = the hard chromium electroplating tank surface area in square feet (ft2); and
K = the conversion factor, 425 dscm/(ft2-hr).
6.5.6.1.2 Compliance with the alternative mass emission limit is demonstrated if the three-run average mass emission rate determined from testing using Method 306 in Appendix A of 40 CFR Part 63 is less than or equal to the maximum allowable mass emission rate (MAMER) calculated from equation 6-9 of this regulation.
6.5.6.2 Procedures for calculating the maximum allowable mass emission rate for owners or operators of small hard chromium electroplating tanks who choose to meet the mass emission rate standard in 6.5.3.3.2.5 of this regulation.
6.5.6.2.1 The owner or operator of an enclosed hard chromium electroplating tank that is an existing affected source located at a small hard chromium electroplating facility who chooses to meet the mass emission rate standard in 6.3.3.2.5 of this regulation shall determine compliance by not allowing the mass rate of total chromium in the exhaust gas stream discharged to the atmosphere to exceed the maximum allowable mass emission rate (MAMER) calculated using equation 6-10:
MAMER = ETSA * K * 0.03 mg/dscm (6-10)
where:
MAMER = the alternative emission rate for enclosed hard chromium electroplating tanks in mg/hr;
ETSA = the hard chromium electroplating tank surface area in square feet (ft2); and
K = the conversion factor, 425 dscm/(ft2-hr).
6.5.6.2.2 Compliance with the alternative mass emission limit is demonstrated if the three-run average mass emission rate determined from testing using Method 306 in Appendix A of 40 CFR Part 63 is less than or equal to the maximum allowable mass emission rate (MAMER) calculated from equation (6-10) of this regulation.
6.6 Provisions for new and reconstructed sources.
6.6.1 The preconstruction review requirements for new and reconstructed affected sources that are subject to, or become subject to, 6.0 of this regulation are identified in 6.6 of this regulation.
6.6.2 New or reconstructed affected sources. The owner or operator of a new or reconstructed affected source is subject to applicable requirements of 3.5 of this regulation, as noted in Table 6-2 of this regulation, as well as the provisions of 6.6.2 of this regulation.
6.6.2.1 After September 11, 1999, no person may construct a new affected source or reconstruct an affected source subject to Section 6.0 of this regulation, or reconstruct a source such that it becomes an affected source subject to 6.0 of this regulation, without submitting a notification of construction or reconstruction to the Department. The notification shall contain the information identified in 6.6.2.2 and 6.6.2.3 of this regulation, as appropriate.
6.6.2.2 The notification of construction or reconstruction required in 6.6.2.1 of this regulation shall include:
6.6.2.2.1 The owner or operator’s name, title, and address;
6.6.2.2.2 The address (i.e., physical location) or proposed address of the affected source if different from the owner or operator’s address;
6.6.2.2.3 A notification of intention to construct a new affected source or make any physical or operational changes to an affected source that may meet or has been determined to meet the criteria for a reconstruction as defined in 3.2 of this regulation;
6.6.2.2.4 An identification of 6.0 of this regulation as the basis for the notification;
6.6.2.2.5 The expected commencement and completion dates of the construction or reconstruction;
6.6.2.2.6 The anticipated date of (initial) startup of the affected source;
6.6.2.2.7 The type of process operation to be performed (hard or decorative chromium electroplating or chromium anodizing);
6.6.2.2.8 A description of the air pollution control technique to be used to control emissions from the affected source, such as preliminary design drawings and design capacity if an add-on air pollution control device is used; and
6.6.2.2.9 An estimate of emissions from the source based on engineering calculations and vendor information on control device efficiency, expressed in units consistent with the emission limits of 6.0 of this regulation. Calculations of emission estimates should be in sufficient detail to permit assessment of the validity of the calculations.
6.6.2.3 If a reconstruction is to occur, the notification required in 6.6.2.1 of this regulation shall include the following in addition to the information required in 6.6.2.2 of this regulation:
6.6.2.3.1 A brief description of the affected source and the components to be replaced;
6.6.2.3.2 A brief description of the present and proposed emission control technique, including the information required in 6.6.2.2.8 and 6.6.2.2.9 of this regulation;
6.6.2.3.3 An estimate of the fixed capital cost of the replacements and of constructing a comparable entirely new source;
6.6.2.3.4 The estimated life of the affected source after the replacements; and
6.6.2.3.5 A discussion of any economic or technical limitations the source may have in complying with relevant standards or other requirements after the proposed replacements. The discussion shall be sufficiently detailed to demonstrate to the Department’s satisfaction that the technical or economic limitations affect the source’s ability to comply with the relevant standard and how they do so.
6.6.2.3.6 If in the notification of reconstruction, the owner or operator designates the affected source as a reconstructed source and declares that there are no economic or technical limitations to prevent the source from complying with all relevant standards or requirements, the owner or operator need not submit the information required in 6.6.2.3.3 through 6.6.2.3.5 of this regulation.
6.6.2.4 Departmental approvals.
6.6.2.4.1 The owner or operator of a new or reconstructed affected area source that submits a notification in accordance with 6.6.2.1 through 6.6.2.3 of this regulation is not subject to approval by the Department. Construction or reconstruction is subject only to notification and can begin upon submission of a complete notification.
6.6.2.4.2 The owner or operator of a new or reconstructed affected major source that submits a notification in accordance with 6.6.2.1 through 6.6.2.3 of this regulation and an application for approval of construction or reconstruction in accordance with requirements of 3.5 of this regulation is subject to approval by the Department. Construction or reconstruction can not commence prior to receipt of the Department’s approval of the application for approval of construction or reconstruction or approval of the 7 DE Admin. Code 1102 permit to construct application.
6.6.2.4.3 Additionally, the owner or operator of a new or reconstructed affected source may be required to obtain an approved construction permit under 7 DE Admin. Code 1102 of the State of Delaware “Regulations Governing the Control of Air Pollution”, before commencing construction or reconstruction.
6.6.2.5 Submittal timeframes. After September 11, 1999, an owner or operator of a new or reconstructed affected source shall submit the notification of construction or reconstruction required in 6.6.2.1 of this regulation or the application for approval of construction or reconstruction required by 3.5 of this regulation according to the following schedule:
6.6.2.5.1 If construction or reconstruction commences after September 11, 1999, the notification or application shall be submitted as soon as practicable before the construction or reconstruction is planned to commence.
6.6.2.5.2 If the construction or reconstruction had commenced and initial startup had not occurred before September 11, 1999, the notification or application shall be submitted as soon as practicable after September 11, 1999.
6.7 Recordkeeping requirements.
6.7.1 The owner or operator of each affected source subject to these standards shall fulfill all recordkeeping requirements outlined in 6.7 of this regulation and in 3.0 of this regulation as identified in Table 6-2 of this regulation.
6.7.2 The owner or operator of an affected source subject to the provisions of Section 6.0 of this regulation shall maintain the following records for such source:
6.7.2.1 Inspection records for the add-on air pollution control device, if such a device is used, and monitoring equipment, to document that the inspection and maintenance required by the operation and maintenance practices in 6.3.6 of this regulation and Table 6-1 of this regulation have taken place. The record can take the form of a checklist and should identify the device inspected, the date of inspection, a brief description of the working condition of the device during the inspection, and any actions taken to correct deficiencies found during the inspection.
6.7.2.2 Records of all maintenance performed on the affected source, the add-on air pollution control device, and monitoring equipment;
6.7.2.3 Records of the occurrence, duration, and cause (if known) of each malfunction of process, add-on air pollution control, and monitoring equipment;
6.7.2.4 Records of actions taken during periods of malfunction when such actions are inconsistent with the operation and maintenance plan;
6.7.2.5 Other records, which may take the form of checklists, necessary to demonstrate consistency with the provisions of the operation and maintenance plan required in 6.3.6.3 of this regulation;
6.7.2.6 Test reports documenting results of all performance tests;
6.7.2.7 All measurements as may be necessary to determine the conditions of performance tests, including measurements necessary to determine compliance with the special compliance procedures in 6.5.5 of this regulation;
6.7.2.8 Records of monitoring data required in 6.4.3 of this regulation that are used to demonstrate compliance with the standard including the date and time the data are collected;
6.7.2.9 The specific identification (i.e., the date and time of commencement and completion) of each period of excess emissions, as indicated by monitoring data, that occurs during malfunction of the process, add-on air pollution control, or monitoring equipment;
6.7.2.10 The specific identification (i.e., the date and time of commencement and completion) of each period of excess emissions, as indicated by monitoring data, that occurs during periods other than malfunction of the process, add-on air pollution control, or monitoring equipment;
6.7.2.11 The total process operating time of the affected source during the reporting period;
6.7.2.12 Records of the actual cumulative rectifier capacity of hard chromium electroplating tanks at a facility expended during each month of the reporting period, and the total capacity expended to date for a reporting period, if the owner or operator is using the actual cumulative rectifier capacity to determine facility size in accordance with 6.3.3.2 of this regulation;
6.7.2.13 For sources using fume suppressants to comply with the standards, records of the date and time that fume suppressants are added to the electroplating or anodizing bath;
6.7.2.14 For sources complying with 6.3.5 of this regulation, records of the bath components purchased, with the wetting agent clearly identified as a bath constituent contained in one of the components;
6.7.2.15 Any information demonstrating whether a source is meeting the requirements for a waiver of recordkeeping or reporting requirements, if the source has been granted a waiver under 3.10.6 of this regulation; and
6.7.2.16 All documentation supporting the notifications and reports required by 3.9 and 3.10 of this regulation and by 6.8 of this regulation.
6.7.3 All records shall be maintained for a period of five years in accordance with 3.10.2.1 of this regulation.
6.8 Reporting requirements.
6.8.1 The owner or operator of each affected source subject to these standards shall fulfill all reporting requirements outlined in 6.8 of this regulation and in 3.0 of this regulation as identified in Table 6-2 of this regulation. These reports shall be made to the Administrator and to the Department, in accordance with 3.10.1.4 of this regulation.
6.8.1.1 Reports required by 3.0 of this regulation and 6.8 of this regulation may be sent by U.S. mail, fax, or by another courier.
6.8.1.1.1 Submittals sent by U.S. mail shall be postmarked on or before the specified date.
6.8.1.1.2 Submittals sent by other methods shall be received by the Administrator and Department on or before the specified date.
6.8.1.2 If acceptable to both the Department and the owner or operator of an affected source, reports may be submitted on electronic media.
6.8.2 The reporting requirements in 6.8 of this regulation apply to the owner or operator of an affected source when such source becomes subject to the provisions of 6.0 of this regulation.
6.8.3 Initial notifications.
6.8.3.1 The owner or operator of an affected source that has an initial startup before September 11, 1999, shall notify the Department in writing that the source is subject to 6.0 of this regulation. The notification shall be submitted no later than September 11, 1999, and shall contain the following information:
6.8.3.1.1 The name, title, and address of the owner or operator;
6.8.3.1.2 The address (i.e., physical location) of each affected source;
6.8.3.1.3 A statement that 6.0 of this regulation is the basis for this notification;
6.8.3.1.4 Identification of the applicable emission limitation and compliance date for each affected source;
6.8.3.1.5 A brief description of each affected source, including the type of process operation performed;
6.8.3.1.6 For sources performing hard chromium electroplating, the maximum cumulative potential rectifier capacity;
6.8.3.1.7 For sources performing hard chromium electroplating, a statement of whether the affected source or sources is located at a small or a large, hard chromium electroplating facility and whether this will be demonstrated through actual or maximum cumulative potential rectifier capacity;
6.8.3.1.8 For sources performing hard chromium electroplating, a statement of whether the owner or operator of an affected source or sources will limit the maximum cumulative potential rectifier capacity in accordance with 6.3.3.2 of this regulation such that the hard chromium electroplating facility is considered small; and
6.8.3.1.9 A statement of whether the affected source is located at a major source or an area source as defined in 3.2 of this regulation.
6.8.3.2 The owner or operator of a new or reconstructed affected source that has an initial startup after January 25, 1995 shall submit an initial notification, in addition to the notification of construction or reconstruction required in 6.6.2 of this regulation, as follows:
6.8.3.2.1 A notification of the date when construction or reconstruction was commenced, shall be submitted simultaneously with the notification of construction or reconstruction, if construction or reconstruction was commenced before September 11, 1999;
6.8.3.2.2 A notification of the date when construction or reconstruction was commenced, shall be submitted no later than 30 calendar days after such date, if construction or reconstruction was commenced after September 11, 1999; and
6.8.3.2.3 A notification of the actual date of startup of the source shall be submitted by September 11, 1999 or within 30 calendar days after startup, whichever is later.
6.8.4 Notification of performance test.
6.8.4.1 The owner or operator of an affected source shall notify the Department in writing of his or her intention to conduct a performance test at least 60 calendar days before the test is scheduled to begin to allow the Department to have an observer present during the test. Observation of the performance test by the Department is optional.
6.8.4.2 In the event the owner or operator is unable to conduct the performance test as scheduled, the provisions of 3.7.2.2 of this regulation apply.
6.8.5 Notification of compliance status.
6.8.5.1 A notification of compliance status is required each time that an affected source becomes subject to the requirements of 6.0 of this regulation.
6.8.5.2 If the State in which the source is located has not been delegated the authority to implement the rule, each time a notification of compliance status is required under this regulation, the owner or operator of an affected source shall submit to the Administrator (with copy to the Department) a notification of compliance status, signed by the responsible official (as defined in 3.2 of this regulation) who shall certify its accuracy, attesting to whether the affected source has complied with 6.0 of this regulation. If the State has been delegated the authority, the notification of compliance status shall be submitted to the Department. The notification shall list for each affected source:
6.8.5.2.1 The applicable emission limitation and the methods that were used to determine compliance with this limitation;
6.8.5.2.2 If a performance test is required by 6.0 of this regulation, the test report documenting the results of the performance test, which contains the elements required in 6.5.1 of this regulation, including measurements and calculations to support the special compliance provisions in 6.5.5 of this regulation if these are being followed;
6.8.5.2.3 The type and quantity of hazardous air pollutants emitted by the source reported in mg/dscm or mg/hr if the source is using the special provisions in 6.5.5 of this regulation to comply with the standards. (If the owner or operator is subject to the construction and reconstruction provisions in 6.6 of this regulation and had previously submitted emission estimates, the owner or operator shall state that this report corrects or verifies the previous estimate.) For sources not required to conduct a performance test in accordance with 6.4.2 of this regulation, the surface tension measurement may fulfill this requirement;
6.8.5.2.4 For each monitored parameter for which a compliant value is to be established in 6.4.3 of this regulation, the specific operating parameter value, or range of values, that corresponds to compliance with the applicable emission limit;
6.8.5.2.5 The methods that will be used to determine continuous compliance, including a description of monitoring and reporting requirements, if methods differ from those identified in 6.0 of this regulation;
6.8.5.2.6 A description of the air pollution control technique for each emission point;
6.8.5.2.7 A statement that the owner or operator has completed and has on file the operation and maintenance plan as required by the operation and maintenance practices in 6.3.6 of this regulation;
6.8.5.2.8 If the owner or operator is determining facility size based on actual cumulative rectifier capacity in accordance with 6.3.3.2 of this regulation, records to support that the facility is small. For existing sources, records from any 12-month period preceding the compliance date shall be used or a description of how operations will change to meet a small designation shall be provided. For new sources, records of projected rectifier capacity for the first 12-month period of tank operation shall be used;
6.8.5.2.9 A statement by the owner or operator of the affected source as to whether the source has complied with the provisions of Section 6.0 of this regulation.
6.8.5.3 For sources required to conduct a performance test in 6.4.2 of this regulation, the notification of compliance status shall be submitted to the Department no later than 90 calendar days following completion of the compliance demonstration required by 3.7 of this regulation and 6.4.2 of this regulation.
6.8.5.4 For sources that are not required to complete a performance test in accordance with 6.4.2 of this regulation, the notification of compliance status shall be submitted to the Department no later than 30 days after the compliance date specified in 6.4.1 of this regulation.
6.8.6 Reports of performance test results.
6.8.6.1 If the State in which the source is located has not been delegated the authority to implement the rule, the owner or operator of an affected source shall report to the Administrator (with copy to the Department) the results of any performance test conducted as required by 2.7 of this regulation or 6.4.2 of this regulation. If the State has been delegated the authority, the owner or operator of an affected source should report performance test results to the Department.
6.8.6.2 Reports of performance test results shall be submitted no later than 90 days following the completion of the performance test, and shall be submitted as part of the notification of compliance status required in 6.8.5 of this regulation.
6.8.7 Ongoing compliance status reports for major sources.
6.8.7.1 The owner or operator of an affected source that is located at a major source shall submit a summary report to the Department to document the ongoing compliance status of the affected source. The report shall contain the information identified in 6.8.7.3 of this regulation, and shall be submitted semiannually except when:
6.8.7.1.1 The Department determines on a case-by-case basis that more frequent reporting is necessary to accurately assess the compliance status of the source or
6.8.7.1.2 The monitoring data collected by the owner or operator of the affected source in accordance with 6.4.3 of this regulation show that the emission limit has been exceeded, in which case quarterly reports shall be submitted. Once an owner or operator of an affected source reports an exceedance, ongoing compliance status reports shall be submitted quarterly until a request to reduce reporting frequency under 6.8.7.2 of this regulation is approved.
6.8.7.2 Request to reduce frequency of ongoing compliance status reports.
6.8.7.2.1 An owner or operator who is required to submit ongoing compliance status reports on a quarterly (or more frequent basis) may reduce the frequency of reporting to semiannual if all of the following conditions are met:
6.8.7.2.1.1 For one full year (e.g., four quarterly or 12 monthly reporting periods), the ongoing compliance status reports demonstrate that the affected source is in compliance with the relevant emission limit;
6.8.7.2.1.2 The owner or operator continues to comply with all applicable recordkeeping and monitoring requirements of 3.0 and 6.0 of this regulation; and
6.8.7.2.1.3 The Department does not object to a reduced reporting frequency for the affected source, as provided in 6.8.7.2.2 and 6.8.7.2.3 of this regulation.
6.8.7.2.2 The frequency of submitting ongoing compliance status reports may be reduced only after the owner or operator notifies the Department in writing of his or her intention to make such a change, and the Department does not object to the intended change. In deciding whether to approve a reduced reporting frequency, the Department may review information concerning the source’s entire previous performance history during the five-year recordkeeping period prior to the intended change, or the recordkeeping period since the source’s compliance date, whichever is shorter. Records subject to review may include performance test results, monitoring data, and evaluations of an owner or operator’s conformance with emission limitations and operation and maintenance practices. Such information may be used by the Department to make a judgment about the source’s potential for noncompliance in the future. If the Department disapproves the owner or operator’s request to reduce reporting frequency, the Department will notify the owner or operator in writing within 45 days after receiving notice of the owner or operator’s intention. The notification from the Department to the owner or operator will specify the grounds on which the disapproval is based. In the absence of a notice of disapproval within 45 days, approval is automatically granted.
6.8.7.2.3 As soon as the monitoring data required in 6.4.3 of this regulation show that the source is not in compliance with the relevant emission limit, the frequency of reporting shall revert to quarterly, and the owner shall state this exceedance in the ongoing compliance status report for the next reporting period. After demonstrating ongoing compliance with the relevant emission limit for another full year, the owner or operator may again request approval from the Department to reduce the reporting frequency as allowed in 6.8.7.2 of this regulation.
6.8.7.3 Contents of ongoing compliance status reports. The owner or operator of an affected source for which compliance monitoring is required in accordance with 6.4.3 of this regulation shall prepare a summary report to document the ongoing compliance status of the source. The report must contain the following information:
6.8.7.3.1 The company name and address of the affected source;
6.8.7.3.2 An identification of the operating parameter that is monitored for compliance determination, as required in 6.4.3 of this regulation;
6.8.7.3.3 The relevant emission limitation for the affected source, and the operating parameter value, or range of values, that correspond to compliance with this emission limitation as specified in the notification of compliance status required in 6.8.5 of this regulation;
6.8.7.3.4 The beginning and ending dates of the reporting period;
6.8.7.3.5 A description of the type of process performed in the affected source;
6.8.7.3.6 The total operating time of the affected source during the reporting period;
6.8.7.3.7 If the affected source is a hard chromium electroplating tank and the owner or operator is limiting the maximum cumulative rectifier capacity in accordance with 6.3.3.2 of this regulation, the actual cumulative rectifier capacity expended during the reporting period, on a month-by-month basis;
6.8.7.3.8 A summary of operating parameter values, including the total duration of excess emissions during the reporting period as indicated by those values, the total duration of excess emissions expressed as a percent of the total source operating time during that reporting period, and a breakdown of the total duration of excess emissions during the reporting period into those that are due to process upsets, control equipment malfunctions, other known causes, and unknown causes;
6.8.7.3.9 A certification by a responsible official, as defined in 3.2 of this regulation, that the operation and maintenance practices in 6.3.6 of this regulation were followed in accordance with the operation and maintenance plan for the source;
6.8.7.3.10 If the operation and maintenance plan required in 6.3.6.3 of this regulation was not followed, an explanation of the reasons for not following the provisions, an assessment of whether any excess emission or parameter monitoring exceedances are believed to have occurred, and a copy of the report or reports required in 6.3.6.3.4 of this regulation documenting that the operation and maintenance plan was not followed;
6.8.7.3.11 A description of any changes in monitoring, processes, or controls since the last reporting period;
6.8.7.3.12 The name, title, and signature of the responsible official who is certifying the accuracy of the report; and
6.8.7.3.13 The date of the report.
6.8.7.4 When more than one monitoring device is used to comply with the continuous compliance monitoring required in 6.4.3 of this regulation, the owner or operator shall report the results as required for each monitoring device. However, when one monitoring device is used as a backup for the primary monitoring device, the owner or operator shall only report the results from the monitoring device used to meet the monitoring requirements of 6.0 of this regulation. If both devices are used to meet these requirements, then the owner or operator shall report the results from each monitoring device for the relevant compliance period.
6.8.8 Ongoing compliance status reports for area sources. The requirements in 6.8.8 of this regulation do not alleviate affected area sources from complying with the requirements of 7 DE Admin. Code 1102 and 1130 of the State of Delaware “Regulations Governing the Control of Air Pollution”.
6.8.8.1 The owner or operator of an affected source that is located at an area source shall prepare a summary report to document the ongoing compliance status of the affected source. The report shall contain the information identified in 6.8.7.3 of this regulation, shall be completed annually and retained on site, and made available to the Department upon request. The report shall be completed annually except as provided in 6.8.8.2 of this regulation.
6.8.8.2 Reports of exceedances.
6.8.8.2.1 If both of the following conditions are met, semiannual reports shall be prepared and submitted to the Department:
6.8.8.2.1.1 The total duration of excess emissions (as indicated by the monitoring data collected by the owner or operator of the affected source in accordance with 6.4.3 of this regulation) is 1% or greater of the total operating time for the reporting period and
6.8.8.2.1.2 The total duration of malfunctions of the add-on air pollution control device and monitoring equipment is 5% or greater of the total operating time.
6.8.8.2.2 Once an owner or operator of an affected source reports an exceedance as defined in 6.8.8.2.1 of this regulation, ongoing compliance status reports shall be submitted semiannually until a request to reduce reporting frequency under 6.8.8.3 of this regulation is approved.
6.8.8.2.3 The Department may determine on a case-by-case basis that the summary report shall be completed more frequently and submitted, or that the annual report shall be submitted instead of being retained on site, if these measures are necessary to accurately assess the compliance status of the source.
6.8.8.3 Request to reduce frequency of ongoing compliance status reports.
6.8.8.3.1 An owner or operator who is required to submit ongoing compliance status reports on a semiannual (or more frequent) basis, or is required to submit its annual report instead of retaining it on site, may reduce the frequency of reporting to annual or be allowed to maintain the annual report onsite if all of the following conditions are met:
6.8.8.3.1.1 For one full year (e.g., two semiannual or four quarterly reporting periods), the ongoing compliance status reports demonstrate that the affected source is in compliance with the relevant emission limit;
6.8.8.3.1.2 The owner or operator continues to comply with all applicable recordkeeping and monitoring requirements of 3.0 and 6.0 of this regulation; and
6.8.8.3.1.3 The Department does not object to a reduced reporting frequency for the affected source, as provided in 6.8.8.3.2 and 6.8.8.3.3 of this regulation.
6.8.8.3.2 The frequency of submitting ongoing compliance status reports may be reduced only after the owner or operator notifies the Department in writing of his or her intention to make such a change, and the Department does not object to the intended change. In deciding whether to approve a reduced reporting frequency, the Department may review information concerning the source’s previous performance history during the five-year recordkeeping period prior to the intended change, or the recordkeeping period since the source’s compliance date, whichever is shorter. Records subject to review may include performance test results, monitoring data, and evaluations of an owner or operator’s conformance with emission limitations and operation and maintenance practices. Such information may be used by the Department to make a judgment about the source’s potential for noncompliance in the future. If the Department disapproves the owner or operator’s request to reduce reporting frequency, the Department will notify the owner or operator in writing within 45 days after receiving notice of the owner or operator’s intention. The notification from the Department to the owner or operator will specify the grounds on which the disapproval is based. In the absence of a notice of disapproval within 45 days, approval is automatically granted.
6.8.8.3.3 As soon as the monitoring data required in 6.4.3 of this regulation show that the source is not in compliance with the relevant emission limit, the frequency of reporting shall revert to semiannual, and the owner shall state this exceedance in the ongoing compliance status report for the next reporting period. After demonstrating ongoing compliance with the relevant emission limit for another full year, the owner or operator may again request approval from the Department to reduce the reporting frequency as allowed in 6.8.8.3 of this regulation.
6.8.9 Reports associated with trivalent chromium baths. The requirements in 6.8.9 of this regulation do not alleviate affected sources from complying with the requirements of 7 DE Admin. Code 1102 and 1130 of the State of Delaware “Regulations Governing the Control of Air Pollution”. Owners or operators complying with the provisions in 6.3.5 of this regulation are not subject to 6.8.1 through 6.8.8 of this regulation, but must instead submit the following reports:
6.8.9.1 Not later than September 11, 1999, submit an initial notification that includes:
6.8.9.1.1 The same information as is required in 6.8.3.1.1 through 6.8.3.1.5 of this regulation;
6.8.9.1.2 A statement that a trivalent chromium process that incorporates a wetting agent will be used to comply with 6.3.5 of this regulation; and
6.8.9.1.3 The list of bath components that comprise the trivalent chromium bath, with the wetting agent clearly identified.
6.8.9.2 Within 30 days of the compliance date specified in 6.4.1 of this regulation or by September 11, 1999, whichever is later, a notification of compliance status that contains an update of the information submitted in accordance with 6.8.9.1 of this regulation or a statement that the information is still accurate.
6.8.9.3 Within 30 days of a change to the trivalent chromium electroplating process, a report that includes:
6.8.9.3.1 A description of the manner in which the process has been changed and the emission limitation, if any, now applicable to the affected source;
6.8.9.3.2 If a different emission limitation applies, the applicable information required in 8.8.3.1 of this regulation; and
6.8.9.3.3 The notification and reporting requirements in 6.8.4 through 6.8.8 of this regulation, which shall be submitted in accordance with the schedules identified in those requirements.
6.9 [Reserved]
Table 6-2 - Applicability of 3.0 to 6.0 of this Regulation
 
11 DE Reg. 683 (11/01/07)
05/11/1998
7.0 Emission Standards for Hazardous Air Pollutants for Industrial Process Cooling Towers
7.1 Applicability.
7.1.1 The provisions of 8.0 of this regulation apply to all new and existing industrial process cooling towers (IPCTs) that are operated with chromium-based water treatment chemicals on or after September 8, 1994, and are either major sources or are integral parts of facilities that are major sources as defined in 8.2 of this regulation.
7.1.2 Owners or operators of affected sources subject to the provisions of 7.0 of this regulation must also comply with the requirements of 3.0 of this regulation, according to the applicability of 3.0 to such sources, as identified in Table 7-1 of this regulation.
7.2 Definitions.
Unless defined below, all terms in 7.0 of this regulation have the meanings given them in the Act, or in 3.0 of this regulation.
“Chromium-based water treatment chemicals” means any combination of chemical substances containing chromium used to treat water.
“Commenced” means, with respect to construction or reconstruction of an IPCT, that an owner or operator has undertaken a continuous program of construction or reconstruction or that an owner or operator has entered into a contractual obligation to undertake and complete, within a reasonable time, a continuous program of construction or reconstruction.
“Compliance date” means the date by which an affected IPCT is required to be in compliance with 7.0 of this regulation.
“Construction” means the on-site fabrication, erection, or installation of an IPCT.
“Cooling tower” means an open water recirculating device that uses fans or natural draft to draw or force ambient air through the device to cool warm water by direct contact.
“Existing IPCT” means any affected IPCT that is not a new IPCT.
“Industrial process cooling tower”, also written as “IPCT”, means any cooling tower that is used to remove heat that is produced as an input or output of a chemical or industrial process, as well as any cooling tower that cools industrial processes in combination with any heating, ventilation, or air conditioning system.
“Initial startup” means the initiation of recirculation water flow within the cooling tower.
“Major source” means any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit considering controls, in the aggregate, 10 tons per year or more of any hazardous air pollutant or 25 tons per year or more of any combination of hazardous air pollutants.
“New IPCT” means any affected IPCT the construction or reconstruction of which commenced after August 12, 1993.
“Owner or operator” means any person who owns, leases, operates, controls, or supervises an IPCT.
“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 stationary 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.
“Reconstruction” means the replacement of components of an affected or a previously unaffected IPCT to such an extent that the fixed capital cost of the new components exceeds 50% of the fixed capital cost that would be required to construct a comparable new IPCT.
“Responsible official” means one of the following:
“Water treatment chemicals” means any combination of chemical substances used to treat water in cooling towers, including corrosion inhibitors, antiscalants, dispersants, and any other chemical substances used to treat water.
7.3 Standard.
No owner or operator of an IPCT shall use chromium-based water treatment chemicals in any affected IPCT.
7.4 Compliance dates.
The requirements of 6.3 of this regulation shall be applied on the following schedule:
7.4.1 For existing IPCTs, the compliance date shall be May 11, 1998.
7.4.2 For new IPCTs that have an initial startup before September 8, 1994, the compliance date shall be May 11, 1998.
7.4.3 For new IPCTs that have an initial startup on or after September 8, 1994, the compliance date shall be May 11, 1998 or the date of the initial startup, whichever is later.
7.5 Compliance demonstrations.
No routine monitoring, sampling, or analysis is required. In accordance with Section 114 of the Act, the Administrator can require cooling water sample analysis of an IPCT if there is information to indicate that the IPCT is not in compliance with the requirements of 6.3 of this regulation. In accordance with 7 DE Admin. Code 1117 of the State of Delaware “Regulations Governing the Control of Air Pollution”, the Department can require cooling water sample analysis of an IPCT to indicate that the IPCT is not in compliance with the requirements of 6.3 of this regulation. If cooling water sample analysis is required:
7.5.1 The water sample analysis shall be conducted in accordance with Method 7196, Chromium, Hexavalent (Colorimetric), contained in the Third Edition of “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” EPA Publication SW-846, (November 1986) and its Revision I, (December 1987), which are available for the cost of $110.00 from the Government Printing Office, Superintendent of Documents, Washington, DC 20402, (202) 783-3238 (document number 955-001-00000-1; or Method 3500-Cr D, Colorimetric Method, contained in the 18th Edition of “Standard Methods for the Examination of Water and Wastewater” (1992), which is available from the American Public Health Association, 1015 15th Street, NW., Washington, DC 20005. These methods were approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be inspected as a part of Docket A-91-65, located at the Air and Radiation Docket and Information Center, Room M1500, EPA Central Docket Section, 401 M Street, SW., Washington, DC. Copies may be inspected at the Office of the Federal Register, 800 North Capitol Street, NW., Suite 700, Washington, DC.
7.5.2 On or after three months after the compliance date, a cooling water sample residual hexavalent chromium concentration in excess of 0.5 parts per million by weight shall indicate a violation of 6.3 of this regulation.
7.6 Notification requirements.
7.6.1 Initial notification.
7.6.1.1 In accordance with 3.9.2 of this regulation, owners or operators of all affected IPCTs that have an initial startup before September 8, 1994, shall notify the Department in writing. The notification, which shall be submitted not later than May 11, 1998, shall provide the following information:
7.6.1.1.1 The name and address of the IPCT owner or operator;
7.6.1.1.2 The address (i.e., physical location) of the affected IPCT;
7.6.1.1.3 A statement that the notification is being submitted as required by 7.0 of this regulation; and
7.6.1.1.4 A description of the type of water treatment program used in the affected IPCT, including the chemical name of each corrosion inhibitor ingredient used; the average concentration of those corrosion inhibitor ingredients maintained in the cooling water; and the material safety data sheet for each water treatment chemical or chemical compound used in the IPCT.
7.6.1.2 In accordance with 3.9.2 of this regulation, owners or operators of all affected IPCTs that have an initial startup on or after September 8, 1994, shall notify the Department in writing that the source is subject to the relevant standard no later than May 11, 1998 or 12 months after initial startup, whichever is later. The notification shall provide all the information required in 7.6.1.1.1 through 7.6.1.1.4 of this regulation.
7.6.2 Notification of compliance status.
7.6.2.1 In accordance with 3.9.8 of this regulation, owners or operators of affected IPCTs shall submit to the Department a notification of compliance status by May 11, 1998.
7.6.2.2 The notification of compliance status must:
7.6.2.2.1 Be signed by a responsible official who also certifies the accuracy of the report;
7.6.2.2.2 Certify that source has complied with 7.3 of this regulation; and
7.6.2.2.3 Include the information required in 7.6.1.1.4 of this regulation
7.6.2.2.4 Include the following statement: