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7 DE Admin. Code 1138
SAN # 2015-01
Amendment to 7 DE Admin Code 1138 Emission Standards for Hazardous Air Pollutants for Source Categories
Delaware adopted the federal MACT standard, i.e. the Subpart N requirements, as Section 6 of 7 DE Admin. Code 1138 on November 1, 2001 and later, amended Section 6 on September 1, 2013 to incorporate the more health-protective residual risk requirements.
Prior to that February 27 rulemaking, subsection §63.344(c) of Subpart N provided the owners or operators of affected chromium electroplating and chromium anodizing facilities up to 4 test methods to demonstrate compliance with the standard. In the February 27 final rule, the EPA provided the owners or operators subject to Subpart N with an optional 5th test method to select from by adding the South Coast Air Quality Management District “Test Method 205.1”. The Department is proposing to amend Section 6 by adding the same optional, alternative test method, in order (1) to maintain the consistency of Delaware’s air regulatory requirements under Section 6 with the national requirements under Subpart N and (2) to give owners or operators of Delaware’s affected facilities and their testers the additional flexibility to use the EPA’s newly approved testing alternative.
7 Delaware Code, Chapter 60
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.
“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.
“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.
“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.
“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.
“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.
oK = degree Kelvin
m3 = cubic meter
Mg = megagram = 106 gram = metric ton
oC = degree Celsius (centigrade)
oF = degree Fahrenheit
ft2 = square feet
ft3 = cubic feet
in. H2O = inches of water
oR = degree Rankine
yd2 = square yards
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:
3.6.5.3.5 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.
3.6.5.3.8 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.
3.6.6.2.3 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--
3.6.8.7.2 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.
3.7.7.1 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.
3.7.8.5 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.
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.
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.
3.9.8.2.2 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.
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.
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.
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.
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.
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.
3.10.6.6 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.
(3-2)
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.
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.
Log10 (Vmax) = (Ht + 28.8)/31.7 (3-3)
Vmax = Maximum permitted velocity, m/sec.
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).
“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:
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.
4.5.3.2 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.
“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.
“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.
4.14.2.2.2.1 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.
4.14.4.2 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.
4.14.5.3 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.
4.14.6.1 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.
4.14.6.3.5.3.1 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.
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.
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.
4.18.1 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.
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.
“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.
5.4.1.1.2 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).
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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 the 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. Notwithstanding the previous sentence, the owner or operator shall continue to comply with the provisions of 6.0 applicable to area sources.
“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.
Affirmative defense means, in the context of an enforcement proceeding, a response or a defense put forward by a defendant, regarding which the defendant has the burden of proof, and the merits of which are independently and objectively evaluated in a judicial or administrative proceeding.
“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 part.
“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 shall 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.
Contains hexavalent chromium means, the substance consists of, or contains 0.1% or greater by weight, chromium trioxide, chromium (VI) oxide, chromic acid, or chromic anhydride.
“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 part or for oxidizing the base material.
“Emission limitation” means, for the purposes of 6.0 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.
Existing affected source means an affected hard chromium electroplating tank, decorative chromium electroplating tank, or chromium anodizing tank, the construction or reconstruction of which commenced on or before February 8, 2012.
“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.
New affected source means an affected hard chromium electroplating tank, decorative chromium electroplating tank, or chromium anodizing tank, the construction or reconstruction of which commenced after February 8, 2012.
“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.
Perfluorooctane sulfonic acid (PFOS)-based fume suppressant means a fume suppressant that contains 1% or greater PFOS by weight.
“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 minimis 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 commercially available chemical fume suppressant that materially reduces the surface tension of a liquid.
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.
6.2.2.4 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.
6.2.2.8 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 or 306A testing specified in Appendix A of 40 CFR Part 63 in dscm/min.
6.3.1.2 At all times, each owner or operator shall operate and maintain any affected source subject to the requirements of 6.0 of this regulation, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. The general duty to minimize emissions does not require the owner or operator to make any further efforts to reduce emissions if levels required by 6.0 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, review of operation and maintenance records, and inspection of the source.
6.3.3.1.1.1 Each owner or operator of an existing open surface hard chromium electroplating tank shall not allow the concentration of total chromium in the exhaust gas stream discharged to the atmosphere to exceed 0.03 milligrams of total chromium per dry standard cubic meter (mg/dscm) of ventilation air (1.3 x 10-5 grains per dry standard cubic foot (gr/dscf)), if the existing open surface hard chromium electroplating tank had an initial startup on or before December 16, 1993 and is located at a small, hard chromium electroplating facility;
6.3.3.1.1.2 Each owner or operator of an existing open surface hard chromium electroplating tank shall not allow 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 (6.6 x 10-6 grains per dry standard cubic foot (gr/dscf)), if the existing open surface hard chromium electroplating tank had an initial startup after December 16, 1993 or is located at a large, hard chromium electroplating facility; or
6.3.3.1.2.1 Each owner or operator of an existing open surface hard chromium electroplating tank shall not allow 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 (6.6 x 10-6 grains per dry standard cubic foot (gr/dscf)), if the existing open surface hard chromium electroplating tank had an initial startup on or before December 16, 1993 and is located at a small, hard chromium electroplating facility;
6.3.3.1.2.2 Each owner or operator of an existing open surface hard chromium electroplating tank shall not allow the concentration of total chromium in the exhaust gas stream discharged to the atmosphere to exceed 0.011 milligrams of total chromium per dry standard cubic meter (mg/dscm) of ventilation air (4.8 x 10-6 grains per dry standard cubic foot (gr/dscf), if the existing open surface hard chromium electroplating tank had an initial startup after December 16, 1993 or is located at a large, hard chromium electroplating facility; or
6.3.3.2.1.1 Each owner or operator of an existing enclosed hard chromium electroplating tank shall not allow the concentration of total chromium in the exhaust gas stream discharged to the atmosphere to exceed 0.03 milligrams of total chromium per dry standard cubic meter (mg/dscm) of ventilation air (1.3 x 10-5 grains per dry standard cubic foot (gr/dscf)), if the existing enclosed hard chromium electroplating tank had an initial startup on or before December 16, 1993 and is located at a small, hard chromium electroplating facility;
6.3.3.2.1.2 Each owner or operator of an existing enclosed hard chromium electroplating tank shall not allow 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 (6.6 x 10-6 grains per dry standard cubic foot (gr/dscf)), if the existing enclosed hard chromium electroplating tank had an initial startup after December 16, 1993 or is located at a large, hard chromium electroplating facility;
6.3.3.2.2.1 Each owner or operator of an existing enclosed hard chromium electroplating tank shall not allow 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 (6.6 x 10-6 grains per dry standard cubic foot (gr/dscf)), if the existing enclosed hard chromium electroplating tank had an initial startup on or before December 16, 1993 and is located at a small, hard chromium electroplating facility;
6.3.3.2.2.2 Each owner or operator of an existing enclosed hard chromium electroplating tank shall not allow the concentration of total chromium in the exhaust gas stream discharged to the atmosphere to exceed 0.011 milligrams of total chromium per dry standard cubic meter (mg/dscm) of ventilation air (4.8 x 10-6 grains per dry standard cubic foot (gr/dscf), if the existing enclosed hard chromium electroplating tank had an initial startup after December 16, 1993 or is located at a large, hard chromium electroplating facility;
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 procedures 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 procedures for the fiber-bed unit are followed.
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 6.5.3 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 as the maximum surface tension value the value in 6.4.3.5.1.1, 6.4.3.5.1.2, or 6.4.3.5.1.3 of this regulation, whichever is applicable. However, the owner or operator is exempt from conducting a performance test only if the criteria in 6.4.2.1 of this regulation are met.
6.4.3.5.1.1 Prior to September 19, 2014, the owner or operator of existing affected sources may accept 45 dynes/cm (3.1 x 10-3 lbf/ft) as measured by a stalagmometer or 35 dynes/cm (2.4 x 10-3 lbf/ft) as measured by a tensiometer as the maximum surface tension value.
6.4.3.5.1.2 On and after September 19, 2014, the owner or operator of existing affected sources may accept 40 dynes/cm (2.8 x 10-3 lbf/ft) as measured by a stalagmometer or 33 dynes/cm (2.3 x 10-3 lbf/ft) as measured by a tensiometer as the maximum surface tension value.
6.4.3.5.1.3 The owner or operator of new or reconstructed affected sources may accept 40 dynes/ cm (2.8 x 10-3 lbf/ft) as measured by a stalagmometer or 33 dynes/ cm (2.3 x 10-3 lbf/ft) as measured by a tensiometer as the maximum surface tension value.
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.
6.5.4.4.2 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.
VRinlet = VRtot * IDAi / IAtotal (6-1)
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 or 306A 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)
AMRsys = the allowable mass emission rate of the system in mg/hr;
VRinlet = the total ventilation rate from the affected sources in dscm/min; and
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 or 306A testing in order for the source to be in compliance with the standard.
VRinlet,a = VRtot * IDAi,a / IAtotal (6-3)
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 or 306A 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.
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)
6.5.5.4.4 Establish the allowable mass emission rate (AMRsys) in milligrams of total chromium per hour (mg/hr) using equation 6-8, 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 or 306A testing in order for the source to be in compliance with the standards.
6.5.6.2.2 Compliance with the mass emission rate standard 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.
6.6.2.2.6 The anticipated date of initial startup of the affected source;
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.
6.8.6.3 Within 60 days after the date of completing each performance test (defined in 3.2 of this regulation) the owner or operator shall submit the results of the performance tests, including any associated fuel analyses, required by 6.0 of this regulation to the EPA’s WebFIRE database by using the Compliance and Emissions Data Reporting Interface (CEDRI) that is accessed through the EPA’s Central Data Exchange (CDX) (www.epa.gov/cdx). Performance test data shall be submitted in the file format generated through use of the EPA’s Electronic Reporting Tool (ERT) (see http://www.epa.gov/ttn/chief/ert/index.html). Only data collected using test methods on the ERT website are subject to this requirement for submitting reports electronically to WebFIRE. Owners or operators who claim that some of the information being submitted for performance tests is confidential business information (CBI) shall submit a complete ERT file including information claimed to be CBI on a compact disk, flash drive, or other commonly used electronic storage media to the EPA. The electronic media shall be clearly marked as CBI and mailed to U.S. EPA/OAQPS/CORE CBI Office, Attention: WebFIRE Administrator, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same ERT file with the CBI omitted shall be submitted to the EPA via CDX as described earlier in 6.8.6.3 of this regulation. At the discretion of the Department, the owner or operator shall also submit these reports, including the confidential business information, to the Department in the format specified by the Department. For any performance test conducted using test methods that are not listed on the ERT website, the owner or operator shall submit the results of the performance test to the Administrator and the Department at the appropriate addresses listed in 3.13 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 shall instead submit the following reports: