 |
Title36 - Excess Emissions Title 36: Excess Emissions
| Following the reporting and recordkeeping prescribed herein, approval
of procedures for startup, shutdown or maintenance shall not absolve
permittees from enforcement action. If the approved procedures are
not followed, or if excess emissions are determined to be avoidable,
enforcement action may occur pursuant to section 36-030.
|
| Section 36-001 General Policy and
Discussion |
| |
1. Emissions of air contaminants in excess of
applicable standards or permit conditions are considered unauthorized
and are subject to enforcement action, pursuant to sections 36-010
through 36-030. These rules apply to any permittee operating a source
which emits air contaminants in violation of any applicable air quality
rule or permit condition resulting from the breakdown of air pollution
control equipment or operating equipment, process upset, startup,
shutdown, or scheduled maintenance. |
| |
2. The purpose of these rules is to: |
| |
|
A. require that, where applicable, all excess
emissions be
reported by sources to the Authority immediately; |
| |
|
B. require permittees to submit information and
data
regarding conditions which resulted or could result in excess emissions;
[and] |
| |
|
C. identify criteria to be used by the Authority
for determining whether enforcement action will be taken against a
permittee for excess emissions; and |
| |
|
D. and provide sources an affirmative defense to enforcement
when noncompliance with technology-based limits is due to an emergency
pursuant to LRAPA 36-040 |
| Section 36-005 Definitions |
| The following definitions are relevant for the purposes
of Title 36, only. Additional definitions can be found in Title 12,
"Definitions." |
| |
1. "Event" means any period of excess
emissions. |
| |
2. "Excess Emissions" means emissions
which are in excess of a Title V or Air Contaminant Discharge Permit
condition or any applicable air quality rule. Excess emissions also
represent violations and, for major sources (Title V permit holders),
permit deviations that must be reported as required in the Title V
permit. |
| |
3. "Immediately" means one of the following: |
| |
|
A. during LRAPA's normal work hours, 8:00 a.m.
to 5:00 p.m. Monday through Friday, report is to be made as soon as
possible but no more than one (1) hour after the beginning of the
excess emissions; or |
| |
|
B. during LRAPA's off-duty hours or on weekends
or holidays, report is to be made as soon as possible but no more
than one (1) hour after the beginning of the excess emissions, using
LRAPA's electronic telephone answering equipment. If the person reporting
the incident is unable to access the telephone answering equipment
because of overloaded telephone circuits or telephone equipment malfunction,
the report must be made to the LRAPA business office at the beginning
of the next working day. |
| |
4. "Permittee" means the owner or operator
of the facility, in whose name the operation of the source is authorized
by the Title V or Air Contaminant Discharge Permit |
| |
5. "Process Upset" means a failure
or malfunction of a production process or system to operate in a normal
and usual manner. |
| |
6. "Shutdown" means that time during
which normal operation of an air contaminant source or emission control
equipment is terminated. |
| |
7. "Startup" means that time during
which an air contaminant source or emission control equipment is brought
into normal operation. |
| |
8. "Unavoidable" means events which
are not caused entirely or in part by poor or inadequate design, operation,
maintenance, or any other preventable condition in either process
or control equipment. |
| |
9. "Upset" or "Breakdown"
mean any failure or malfunction of any pollution control equipment
or process equipment which may cause excess emissions. |
| Section 36-010 Planned Startup and
Shutdown |
| |
1. This rule applies to any source where startup
or shutdown of a production process or system may result in excess
emissions and: |
| |
|
A. which is a major source; or |
| |
|
B. which is in a non-attainment or maintenance
area for the pollutant which may constitute excess emissions; or |
| |
|
C. from which the Authority requires the application
in subsection 2 of this rule. |
| |
2. Authority approval shall be required of the
procedures that will be used by the permittee to minimize excess emissions
during startup/shutdown. Approval of procedures is required prior
to a first-time occurrence of a startup or shutdown event to which
the procedures apply and prior to modifying previously approved procedures.
Applications for approval shall be submitted and received by the Authority
in writing at least seventy-two (72) hours prior to the event, and
shall include the following: |
| |
|
A. the reasons why the excess emissions during
startup and shutdown will not be avoidable; |
| |
|
B. identification of the specific production
process or system causing the excess emissions; |
| |
|
C. the nature of the air contaminants likely
to be emitted, and an estimate of the amount and duration of the excess
emissions; and |
| |
|
D. identification of specific procedures to be
followed which will minimize excess emissions. |
| |
3. Approval of the startup/shutdown procedures
by the Authority shall be based upon determination that said procedures
are consistent with good pollution control practices and will minimize
emissions during such period, to the extent practicable, and that
no adverse health impact on the public will occur. The permittee shall
record all excess emissions in the upset log as required in subsection
36-025-3 and report immediately following any event resulting in excess
emissions in accordance with LRAPA 36-010-2.A and B. |
| |
4. Once startup/shutdown procedures are approved,
the permittee is not required to notify the Authority prior to a planned
startup or shutdown event which may result in excess emissions unless |
| |
|
A. required by permit conditions; or |
| |
|
B. the source is located in a non-attainment
area for a pollutant which may be emitted in excess of applicable
standards. |
| |
5. When required by subsection 4 of this rule,
notification shall be made by telephone or in writing as soon as possible
prior to the startup or shutdown event and shall include the date
and estimated time and duration of the event. |
| |
6. A permittee who either failed to obtain approval
as required in subsection 2,above, or did not provide notification
required under subsection 4, above, shall immediately notify the Authority
by telephone of the startup/shutdown event, and shall be subject to
the requirements under upsets and breakdowns in Section 36-020. |
| |
7. The Authority may revoke or require modifications
to previously approved procedures at any time by written notification
to the owner or operator. |
| |
8. No planned startup or shutdown resulting in
excess emissions shall occur during any period in which an Air Pollution
Alert, Air Pollution Warning, or Air Pollution Emergency has been
declared, or during an announced Yellow, Stage I Red, or Stage II
Red woodstove advisory period within areas designated by the Authority
as PM10 Nonattainment Areas. |
| Section 36-015 Scheduled Maintenance |
| |
1. Where it is anticipated that shutdown, by-pass,
or operation at reduced efficiency of air pollution control equipment
for necessary scheduled maintenance may result in excess emissions,
the source operator must obtain prior Authority approval of new or
revised procedures that will be used to minimize excess emissions.
Application for approval of procedures associated with scheduled maintenance
shall be submitted and received by the Authority in writing at least
seventy-two (72) hours prior to the event, and shall include the following: |
| |
|
A. the reasons explaining the need for maintenance,
including why it would be impractical to shut down the source operation
during the period, and why the by-pass or reduced efficiency could
not be avoided through better scheduling for maintenance or through
better operation and maintenance practices; |
| |
|
B. identification of the specific production
or emission control equipment or system to be maintained; |
| |
|
C. the nature of the air contaminants likely
to be emitted during the maintenance period, and the estimated amount
and duration of the excess emissions, including measures such as the
use of overtime labor and contract services and equipment that will
be taken to minimize the length of the maintenance period; and |
| |
|
D. identification of specific procedures to be
followed which will minimize excess emissions. |
| |
2. Approval of the above procedures by the Authority
shall be based upon determination that said procedures are consistent
with good pollution control practices and will minimize emissions
during such period to the extent practicable, and that no adverse
health impact on the public will occur. The permittee shall record
all excess emissions in the upset log as required in subsection 36-025-3
and report immediately following any event resulting in excess emissions
in accordance with LRAPA 36-020-2.A and B. |
| |
3. In cases where maintenance occurs on a periodic
or regular schedule, once maintenance procedures are approved, owners
or operators shall not be required to notify the Authority prior to
a scheduled maintenance event which may result in excess emissions
unless: |
| |
|
A. required by permit condition; or |
| |
|
B. the source is located in a non-attainment
area for a pollutant which may be emitted in excess of applicable
standards. |
| |
4. When required by subsection 3.A or B of this
rule, notification shall be made, by telephone or in writing, as soon
as possible prior to the scheduled maintenance event and shall include
the date and estimated time and duration of the event. |
| |
5. The Authority may revoke or require modifications
to previously approved procedures at any time by written notification
to the owner or operator. |
| |
6. No scheduled maintenance associated with the
approved procedures in subsection 2 of this rule which is likely to
result in excess emissions shall occur during any period in which
an Air Pollution Alert, Air Pollution Warning, or Air Pollution Emergency
has been declared, or during an announced Yellow, Stage I Red, or
Stage II Red woodstove advisory period, in areas determined by the
Authority as PM10 Nonattainment Areas. |
| |
7. A permittee who either failed to obtain approval
as required in subsection 2 of this rule or did not provide notification
required under subsection 3, above, shall immediately notify the Authority
by telephone of the maintenance event, and shall be subject to the
requirements under Upsets and Breakdowns in section 36-020. |
| Section 36-020 Upsets and Breakdowns |
| |
1. The owner or operator of a source may be entitled
to an affirmative defense to enforcement for upsets or breakdowns
caused by an emergency and resulting in emissions in excess of technology-based
standards provided that: |
| |
|
A. the Authority is notified immediately of the
emergency condition; and |
| |
|
B. the owner or operator fulfills requirements
outlined in the Emergency Provision in 36-040. |
| |
2. Excess emissions events due to upset or breakdown,
other than those described in subsection 1, above, must be reported
to the Authority by the owner or operator according to the following
requirements: |
| |
|
A. Unless otherwise specified by permit condition,
major sources subject to the Title V Operating Permit Program and
all sources subject to a NESHAP or NSPS emission standard shall report
immediately to the Authority the first onset per calendar day of any
excess emissions event due to upset or breakdown. Based on the severity
of the event, the Authority may require that a written report be submitted
pursuant to LRAPA 36-025-1 and 2. |
| |
|
B. Sources other than those covered under 2.A,
above, need not report excess emissions events due to upset or breakdown
immediately unless otherwise required by permit condition, written
notice by the Authority, or if the excess emission is of a nature
that could endanger public health. Based on the severity of the event,
the Authority may require submittal of a written report pursuant to
LRAPA 36-025-1 and 2. |
| |
|
C. All permittees shall record all excess emissions
due to upset or breakdown in the upset log as required in subsection
36-025.3. |
| |
|
D. Minimal and Letter (insignificant) permit
holders are not subject to these record-keeping and reporting requirements. |
| |
3. During any period of excess emissions due
to upset or breakdown, the Authority may require that a source immediately
reduce or cease operation of the equipment or facility until such
time as the condition causing the excess emissions has been corrected
or brought under control. Such action by the Authority would be taken
upon consideration of the following factors: |
| |
|
A. whether potential risk to the public or environment
exists; |
| |
|
B. whether any Air Pollution Alert, Warning,
Emergency, or yellow or red woodstove curtailment period exists; [or] |
| |
|
C. whether shutdown could result in physical
damage to the equipment or facility, or cause injury to employees;
or |
| |
|
D. whether continued excess emissions are determined
by the Authority to be avoidable. |
| |
4. In the event of an on-going period of excess
emissions due to upset or breakdown, the source shall cease operation
of the equipment or facility no later than forty-eight (48) hours
after the beginning of the excess emission period, if the condition
causing the emissions is not corrected within that time. The source
need not cease operation if it can obtain Authority approval of procedures
that will be used to minimize excess emissions until such time as
the condition causing the excess emissions is corrected or brought
under control. Approval of these procedures shall be based on the
following information supplied to the Authority: |
| |
|
A. The reasons why the condition(s) causing the
excess emissions can not be corrected or brought under control. Such
reasons shall include, but not be limited to, equipment availability
and difficulty of repair or installation. |
| |
|
B. Information as required in section 36-010-2.B,
C and D. |
| |
5. Approval of the above procedures by the Authority
shall be based upon determination that said procedures are consistent
with good pollution control practices and will minimize emissions
during such period to the extent practicable, and that no adverse
health impact on the public will occur. |
| Section 36-025 Reporting and Recordkeeping
Requirements |
| |
1. For any excess emissions event, the Authority
may require the owner or operator to submit a written excess emission
report for each calendar day of the event. If required, this report
shall be submitted within fifteen (15) days of the date of the event
and shall include the following: |
| |
|
A. the date and time the event was reported to
the Authority; |
| |
|
B. whether the event occurred during startup,
shutdown, maintenance, or as a result of a breakdown or malfunction; |
| |
|
C. information as described in subsections 36-030-1
through 5; |
| |
|
D. the final resolution of the cause of the excess
emissions; and |
| |
|
E. where applicable, evidence supporting any
claim that emissions in excess of technology-based limits were due
to an emergency pursuant to LRAPA 36-040. |
| |
2. Based on the severity of the event, the Authority
may waive the 15-day reporting period and specify either a shorter
or longer time period for report submittal. The Authority may also
waive the submittal of the written report if, in the judgement of
the Authority, the period or magnitude of excess emissions was minor.
In such cases, the permittee shall keep the information as part of
the records pursuant to subsection 36-025-3. |
| |
3. All permittees shall keep an upset log of
all planned and unplanned excess emissions. The upset log shall include
all pertinent information as required in subsection 1 of this rule
and shall be kept by the permittee for five (5) calendar years. |
| |
4. At each annual reporting period specified
in a permit, or sooner if required by the Authority, the permittee
shall submit: |
| |
|
A. a copy of the log entries for the reporting
period; and |
| |
|
B. where applicable, current procedures to minimize emissions
during startup, shutdown, or maintenance, as outlined in LRAPA 36-010
and LRAPA 36-015. The owner or operator shall specify in writing whether
these procedures are new, modified, or have already been approved
by the Authority. |
| Section 36-030 Enforcement Action
Criteria |
| In determining whether enforcement action is warranted,
the Authority, based upon information submitted by the owner or operator,
shall consider the following criteria: |
| |
1. Where applicable, whether the owner or operator
submitted a description of any emergency which may have caused emissions
in excess of technology-based limits and sufficiently demonstrated,
through properly signed, contemporaneous operating logs, upset logs,
or other relevant evidence that an emergency caused the excess emissions
and that all causes of the emergency where identified. |
| |
2. Whether notification occurred immediately
pursuant to LRAPA 36-020-1.A, 2.A, or 2.B |
| |
3. Whether the Authority was furnished with complete
details of the event, including but not limited to: |
| |
|
A. the date and time of the beginning of the
excess emissions event and the duration or best estimate of the time
until return to normal operation; |
| |
|
B. the equipment involved; |
| |
|
C. steps taken to mitigate emissions and corrective
actions taken; and |
| |
|
D. the magnitude and duration of each occurrence
of excess emissions during the course of an event and the increase
over normal rates or concentrations as determined by continuous monitoring
or a best estimate (supported by operating data and calculations). |
| |
4. Whether, during the excess emissions event,
the permittee took all reasonable steps to minimize levels of emissions
that exceeded the emission standards, or other requirements in the
permit. |
| |
5. Whether the appropriate remedial action was
taken. |
| |
6. Whether the permittee followed procedures
approved by the Authority for startup, shutdown, or scheduled maintenance. |
| |
7. The event was not due to negligent or intentional
operation by the owner or operator. For the Authority to find that
an incident of excess emissions is not due to negligent or intentional
operation by the owner or operator, the permittee shall demonstrate,
upon Authority request, that all of the following conditions were
met: |
| |
|
A. The process or handling equipment and the air pollution
control equipment were at all times maintained and operated in a manner
consistent with good practice for minimizing emissions. |
| |
|
B. Repairs or corrections were made in an expeditious
manner when the operator(s) knew or should have known that emission limits
were being or were likely to be exceeded. Expeditious manner may include
such activities as use of overtime labor or contract labor and equipment
that would reduce the amount and duration of [the] excess emissions. |
| |
|
C. The event was not one in a recurring pattern of incidents which
indicate inadequate design, operation, or maintenance. |
| Section 36-040 Emergency Provision |
| |
1. An emergency constitutes an affirmative defense to enforcement
with the technology-based emission limits if the source meets criteria
specified in LRAPA 36-030-1 through 6. |
| |
2. The permittee seeking to establish the occurrence of an
emergency has the burden of proof. |
| |
3. This provision is in addition to any emergency or upset
provisions contained in any applicable requirement. |
|
|
 |
|
