Rule Relaxation Analysis
Principles
Any SIP revision must protect the NAAQS and applicable PSD increments, and ensure progress towards meeting the national visibility goal in mandatory federal Class I areas.
The nature of the technical demonstration required for revisions to emission limitations (including test methods) or control measure will depend on the effect of the revision on the emission of air pollutants.
Determine if Revision is a Relaxation
Describe the revision and document the change in emissions which would occur. The documentation should:
1) explain the difference in requirements,
2) identify all affected sources or source categories, and
3) quantify changes in both actual and allowable emissions.
Revisions that could increase emissions include, but are not limited to:
1) a simple change in an emission limitation,
2) a change to source applicability,
3) a change in the nature or form of the requirement, and/or
4) a change in the compliance test method or procedures.
Level of Technical Demonstration
If the revision changes or removes an unimplemented requirement, and removing the requirement will not result in an increase in emission, no additional documentation is required.
If emission changes cannot be quantified, then a qualitative assessment should be made.
If the revision tightens emission limits, no further demonstration is needed (unless the tighter limits are part of an attainment or maintenance plan, in which case the effect of the revision shall be included in the attainment or maintenance plan demonstration).
Glenbrook Nickel shut down several years ago. They canceled their permit, and sold what equipment they could. Green Diamond Abrasives (10-0066) is processing the slag into a variety of products, and has largely relocated from Riddle to a site just above the former smelting location.
Both Weyco and Royal Oak have canceled their permits and have received shutdown credits. Royal Oak has sold the credits. Both sources have removed critical equipment that would prevent them from restarting. Weyco took out their boilers years ago. In the case of Royal Oak, the rule had such lax emission limits that we would want to rewrite it if a new source ever did surface.
Neutral Sulfite Semi-Chemical (NSSC) Pulp Mills
340-234-0300
Applicability
OAR 340-234-0300 through 340-234-0360 apply to existing and new neutral sulfite semi-chemical (NSSC) pulp mills.
340-234-0310
Emission Limitations
(1) Emission of Total Reduced Sulfur (TRS): Spent Liquor Incinerator. The emissions of TRS from any spent liquor incinerator stack shall not exceed 10 ppm and 0.07 gram/kg BLS (0.14 lb/ton BLS) as a daily arithmetic average.
(2) Particulate Matter: Spent Liquor Incinerator. The emissions of particulate matter from any spent liquor incinerator stack shall not exceed:
(a) 3.6 grams/kg BLS (7.2 lbs/ton BLS) as a daily arithmetic average in accordance with the Department Source Sampling Manual; and
(b) An opacity equal to or greater than 35 percent for a period exceeding 3 minutes in any one hour, excluding periods when the facility is not operating.
(3) Sulfur Dioxide (S02):
(a) Spent Liquor Incinerator. The emissions of sulfur dioxide from each spent liquor incinerator stack shall not exceed a 3-hr arithmetic average of 10 ppm on a dry gas basis;
(b) Acid Absorption Tower. The emissions of sulfur dioxide from the acid absorption tower stack shall not exceed 20 ppm as a 3-hr arithmetic average on a dry gas basis.
(4) All NSSC sources, with the exception of spent liquor incinerators, shall not exhibit an opacity equal to or greater than 20 percent for a period exceeding three (3) minutes in any one hour.
340-234-0320
More Restrictive Emission Limits
The Department may establish more restrictive emission limits than the numerical emission standards contained in OAR 340-234-0310 and maximum allowable daily mill site emission limits in kilograms or pounds per day, for an individual mill, upon a finding by the Department that:
(1) The individual mill is located or is proposed to be located in a special problem area or an area where ambient air standards are exceeded or are projected to be exceeded; or
(2) When an odor or nuisance problem has been documented at any mill the TRS emission limits may be reduced below the regulatory limits; or
(3) Other rules which are more stringent apply.
NSSC OAR | CFR – NSPS Subpart | CFR – NESHAP Subpart |
SOURCE | LIMIT | SOURCE | LIMIT | SOURCE | LIMIT |
340-234-0310 Spent Liquor Incinerator.
| TRS shall not exceed 10 ppm and 0.07 gram/kg BLS (0.14 lb/ton BLS) as a daily arithmetic average.
PM shall not exceed 3.6 grams/kg BLS (7.2 lbs/ton BLS) as a daily arithmetic average and an opacity equal to or greater than 35 percent for a period exceeding 3 minutes in any one hour
SO2 emissions shall not exceed a 3-hr arithmetic average of 10 ppm on a dry gas basis | Subpart BBa—Standards of Performance for Kraft Pulp Mill Affected Sources for Which Construction, Reconstruction, or Modification Commenced After May 23, 2013
| §60.280a Applicability and designation of affected facility. (a) The provisions of this subpart are applicable to the following affected facilities in kraft pulp mills: digester system, brown stock washer system, multiple-effect evaporator system, recovery furnace, smelt dissolving tank, lime kiln and condensate stripper system. In pulp mills where kraft pulping is combined with neutral sulfite semi-chemical pulping, the provisions of this subpart are applicable when any portion of the material charged to an affected facility is produced by the kraft pulping operation. (b) Except as noted in §60.283a(a)(1)(iv), any facility under paragraph (a) of this section that commences construction, reconstruction or modification after May 23, 2013, is subject to the requirements of this subpart. Any facility under paragraph (a) of this section that commenced construction, reconstruction, or modification after September 24, 1976, and on or before May 23, 2013 is subject to the requirements of subpart BB of this part.
| §63.443 Standards for the pulping system at kraft, soda, and semi-chemical processes.
| (b) The owner or operator of each pulping system using a semi-chemical or soda process subject to the requirements of this subpart shall control the total HAP emissions from the following equipment systems as specified in paragraphs (c) and (d) of this section. (1) At each existing affected source, the total HAP emissions from each LVHC system shall be controlled. (2) At each new affected source, the total HAP emissions from each LVHC system and each pulp washing system shall be controlled. (c) Equipment systems listed in paragraphs (a) and (b) of this section shall be enclosed and vented into a closed-vent system and routed to a control device that meets the requirements specified in paragraph (d) of this section. The enclosures and closed-vent system shall meet the requirements specified in §63.450. (d) The control device used to reduce total HAP emissions from each equipment system listed in paragraphs (a) and (b) of this section shall: (1) Reduce total HAP emissions by 98 percent or more by weight; or (2) Reduce the total HAP concentration at the outlet of the thermal oxidizer to 20 parts per million or less by volume, corrected to 10 percent oxygen on a dry basis; or (3) Reduce total HAP emissions using a thermal oxidizer designed and operated at a minimum temperature of 871 °C (1600 °F) and a minimum residence time of 0.75 seconds; or (4) Reduce total HAP emissions using one of the following: (i) A boiler, lime kiln, or recovery furnace by introducing the HAP emission stream with the primary fuel or into the flame zone; or (ii) A boiler or recovery furnace with a heat input capacity greater than or equal to 44 megawatts (150 million British thermal units per hour) by introducing the HAP emission stream with the combustion air. (e) Periods of excess emissions reported under §63.455 shall not be a violation of §63.443(c) and (d) provided that the time of excess emissions divided by the total process operating time in a semi-annual reporting period does not exceed the following levels: (1) One percent for control devices used to reduce the total HAP emissions from the LVHC system; and (2) Four percent for control devices used to reduce the total HAP emissions from the HVLC system; and (3) Four percent for control devices used to reduce the total HAP emissions from both the LVHC and HVLC systems. |
Acid Absorption Tower. | SO2 emissions shall not exceed 20 ppm as a 3-hr arithmetic average on a dry gas basis. | ||||
All NSSC sources, with the exception of spent liquor incinerators, | shall not exhibit an opacity equal to or greater than 20 percent for a period exceeding three (3) minutes in any one hour. |
Sulfite Pulp Mills
340-234-0400
Statement of Policy and Applicability
(2) Applicability. OAR 340-234-0400 through 340-234-0430 apply to existing and new sulfite pulp mills.
340-234-0410
Minimum Emission Standards
(1) Notwithstanding the specific emission limits set forth in this rule, the Department of Environmental Quality may, after notice and hearing, establish more restrictive emission limits and compliance schedules for mills located in recognized problem areas, for new mills, for mills expanding existing facilities, for mills installing substantial modifications of existing facilities which result in increased emissions; or for mills in areas where it is shown ambient air standards are exceeded.
(2) The total average daily emissions from a sulfite pulp mill shall not exceed 20 pounds of sulfur dioxide per ton of air dried unbleached pulp produced and in addition:
(a) The blow system emissions shall not exceed 0.2 pounds of sulfur dioxide per minute per ton of unbleached pulp (charged to digester) on a 15 minute average;
(b) Emissions from the recovery system, acid plant, and other sources shall not exceed 800 ppm of sulfur dioxide as an hourly average.
(3) Mills of less than 110 tons of air dried unbleached pulp per day may be exempted from the limitations of section (2) of this rule provided that a minimum of 80 percent collection efficiency for sulphur dioxide (SO2) is maintained.
(4) The total emission of particulate matter from the recovery furnace stacks shall not exceed four pounds per air dried ton of unbleached pulp produced.
Sulfite OAR | CFR – NSPS Subpart | CFR – NESHAP Subpart |
SOURCE | LIMIT | SOURCE | LIMIT | SOURCE | LIMIT |
340-234-0400
sulfite pulp mill:
| SO2 total average daily emissions shall not exceed 20 pounds of sulfur dioxide per ton of air dried unbleached pulp produced
a) The blow system emissions shall not exceed 0.2 pounds of sulfur dioxide per minute per ton of unbleached pulp (charged to digester) on a 15 minute average; (b) Emissions from the recovery system, acid plant, and other sources shall not exceed 800 ppm of sulfur dioxide as an hourly average. | §63.444 Standards for the pulping system at sulfite processes. (a) The owner or operator of each sulfite process subject to the requirements of this subpart shall control the total HAP emissions from the following equipment systems as specified in paragraphs (b) and (c) of this section. (1) At existing sulfite affected sources, the total HAP emissions from the following equipment systems shall be controlled: (i) Each digester system vent; (ii) Each evaporator system vent; and (iii) Each pulp washing system. (2) At new affected sources, the total HAP emissions from the equipment systems listed in paragraph (a)(1) of this section and the following equipment shall be controlled: (i) Each weak liquor storage tank; (ii) Each strong liquor storage tank; and (iii) Each acid condensate storage tank.
| (b) Equipment listed in paragraph (a) of this section shall be enclosed and vented into a closed-vent system and routed to a control device that meets the requirements specified in paragraph (c) of this section. The enclosures and closed-vent system shall meet the requirements specified in §63.450. Emissions from equipment listed in paragraph (a) of this section that is not necessary to be reduced to meet paragraph (c) of this section is not required to be routed to a control device. (c) The total HAP emissions from both the equipment systems listed in paragraph (a) of this section and the vents, wastewater, and condensate streams from the control device used to reduce HAP emissions, shall be controlled as follows. (1) Each calcium-based or sodium-based sulfite pulping process shall: (i) Emit no more than 0.44 kilograms of total HAP or methanol per megagram (0.89 pounds per ton) of ODP; or (ii) Remove 92 percent or more by weight of the total HAP or methanol. (2) Each magnesium-based or ammonium-based sulfite pulping process shall: (i) Emit no more than 1.1 kilograms of total HAP or methanol per megagram (2.2 pounds per ton) of ODP; or (ii) Remove 87 percent or more by weight of the total HAP or methanol. | ||
(3) Mills of less than 110 tons of air dried unbleached pulp per day may be exempted from the limitations of section (2) of this rule provided that a | minimum of 80 percent collection efficiency for sulphur dioxide (SO2) is maintained. | ||||
recovery furnace stacks | PM shall not exceed four pounds per air dried ton of unbleached pulp produced. |
Primary Aluminum Standards
340-236-0100
Statement of Purpose
In furtherance of the public policy of the State as set forth in ORS 468A.010, it is hereby declared to be the purpose of the Commission in adopting the following regulations to:
(1) Require, in accordance with a specific program and time table for each operating primary aluminum plant, the highest and best practicable collection, treatment, and control of atmospheric pollutants emitted from primary aluminum plants through the utilization of technically feasible equipment, devices, and procedures necessary to attain and maintain desired air quality.
(2) Require effective monitoring and reporting of emissions, ambient air levels of fluorides, fluoride content of forage, and other pertinent data, The Department will use these data, in conjunction with observation of conditions in the surrounding areas, to develop emission and ambient air standards and to determine compliance therewith.
(3) Encourage and assist the aluminum industry to conduct a research and technological development program designed to reduce emissions, in accordance with a definite program, including specified objectives and time schedules.
(4) Establish standards which, based upon presently available technology, are reasonably attainable with the intent of revising the standards as needed when new information and better technology are developed.
340-236-0110
Applicability
OAR 340-236-0100 through 340-236-0150 apply to existing and new primary aluminum plants.
340-236-0120
Emission Standards
(1) The emissions from all sources at each primary aluminum plant constructed after January 1, 1973, shall be collected and treated as necessary so as not to exceed the following minimum requirements:
(a) Total fluoride emissions shall not exceed:
(A) A monthly average of 1.2 pounds of fluoride ion per ton of aluminum produced; and
(B) An annual average of 1.0 pound of fluoride ion per ton of aluminum produced; and
(C) 12.5 tons of fluoride ions per month from any single aluminum plant without prior written approval by the Department.
(b) The total of organic and inorganic particulate matter emissions shall not exceed:
(A) A monthly average of 7.0 pounds of particulate per ton of aluminum produced; and
(B) An annual average of 5.0 pounds of particulate per ton of aluminum produced.
(c) Visible emissions from any source shall not exceed ten-(10) percent opacity at any time.
(2) Each primary aluminum plant constructed and operated after January 1, 1973, shall be in full compliance with OAR 340-236-0100 through 340-236-0150 no later than 180 days after completing potroom start-up and shall maintain full compliance thereafter.
(3) The emissions from all sources at each primary aluminum plant constructed on or before January 1, 1973, shall be collected and treated as necessary so as not to exceed the following minimum requirements:
(a) Total fluoride emissions shall not exceed:
(A) A monthly average of 3.5 pounds of fluoride ion per ton of aluminum produced until one of the following compliance dates, upon which time this limit shall be rescinded and the total fluoride emission limits in 40 CFR 63.843 are effective:
(i) October 7, 1999 for an owner or operator of a plant built before September 26, 1996;
(ii) October 9, 2000 for a plant built before September 26, 1996, provided the owner or operator demonstrates to the satisfaction of the Department that additional time is needed to install or modify the emission control equipment;
(iii) October 8, 2001 for a plant built before September 26, 1996, that is granted an extension by the Department under section 112(i)(3)(B) of the Clean Air Act Amendments of 1990; or
(iv) Upon startup for an owner or operator of a plant built or modified after September 26, 1996; and
(B) An annual average of 2.5 pounds of fluoride ion per ton of aluminum produced.
(b) The total of organic and inorganic particulate matter emissions from all sources at plants using vertical stud Soderberg cells shall not exceed:
(A) A monthly average of 13.0 pounds of particulate per ton of aluminum produced; and
(B) An annual average of 10.0 pounds of particulate per ton of aluminum produced.
(c) The total of organic and inorganic particulate matter emissions from all sources at plants using prebake cells shall not exceed:
(A) A monthly average of 15.6 pounds of particulate per ton of aluminum produced; and
(B) An annual average of 13.5 pounds of particulate per ton of aluminum produced.
(d) Visible emissions from any source shall not exceed 20 percent opacity at any time.
(e) In addition to the standards and requirements contained in OAR 340-236-0100 through OAR 340-236-0150, each primary aluminum plant shall be in full compliance with 40 CFR Part 63, Subpart LL, National Emission Standards for Hazardous Air Pollutants for Primary Aluminum Reduction Plants as adopted under 340-244-0220.
NW Aluminum = VS Soderberg
Reynolds = pre-bake
OAR | CFR – NSPS Subpart S | CFR – NESHAP Subpart LL |
SOURCE | LIMIT | SOURCE | LIMIT | SOURCE | LIMIT |
all sources at each primary aluminum plant constructed after January 1, 1973 | (a) Total fluoride emissions shall not exceed: (A) A monthly average of 1.2 pounds of fluoride ion per ton of aluminum produced; and (B) An annual average of 1.0 pound of fluoride ion per ton of aluminum produced; and (C) 12.5 tons of fluoride ions per month from any single aluminum plant without prior written approval by the Department.
(b) The total of organic and inorganic particulate matter emissions shall not exceed: (A) A monthly average of 7.0 pounds of particulate per ton of aluminum produced; and (B) An annual average of 5.0 pounds of particulate per ton of aluminum produced. | Subpart S—Primary Aluminum Reduction Plants commences construction or modification after October 23, 1974 | § 60.192 Standard for fluorides. total fluorides in excess of: (1) 1.0 kg/Mg (2.0 lb/ton) of aluminum produced for potroom groups at Soderberg plants
(2) 0.95 kg/Mg (1.9 lb/ton) of aluminum produced for potroom groups at prebake plants
(3) 0.05 kg/Mg (0.1 lb/ton) of aluminum equivalent for anode bake plants.
| Subpart LL—Primary Aluminum Reduction Plants new or reconstructed sources
| § 63.844. (a) Potlines. (1) TF limit. Emissions of TF shall not exceed 0.6 kg/Mg (1.2 lb/ton) of aluminum produced (2) POM limit. Emissions of POM from Soderberg potlines shall not exceed 0.32 kg/Mg (0.63 lb/ton) of aluminum produced.
(c) Anode bake furnaces. (1) TF limit. Emissions of TF shall not exceed 0.01 kg/Mg (0.02 lb/ton) of green anode; and (2) POM limit. Emissions of POM shall not exceed 0.025 kg/Mg (0.05 lb/ton) of green anode. |
any source | shall not exceed 10 percent opacity at any time. | § 60.193 Standard for visible emissions. (1) From any potroom group any gases which exhibit 10 percent opacity or greater (2) From any anode bake plant any gases which exhibit 20 percent opacity or greater |
Subpart S—Standards of Performance for Primary Aluminum Reduction Plants
Source: 45 FR 44207, June 30, 1980, unless otherwise noted.
§ 60.190 Applicability and designation of affected facility.
(a) The affected facilities in primary aluminum reduction plants to which this subpart applies are potroom groups and anode bake plants.
(b) Except as provided in paragraph (c) of this section, any affected facility under paragraph (a) of this section that commences construction or modification after October 23, 1974, is subject to the requirements of this subpart.
(c) An owner or operator of an affected facility under paragraph (a) of this section may elect to comply with the requirements of this subpart or the requirements of subpart LL of part 63 of this chapter.
[42 FR 37937, July 25, 1977, as amended at 45 FR 44206, June 30, 1980; 62 FR 52399, Oct. 7, 1997]
§ 60.191 Definitions.
As used in this subpart, all terms not defined herein shall have the meaning given them in the Act and in subpart A of this part.
Aluminum equivalent means an amount of aluminum which can be produced from a Mg of anodes produced by an anode bake plant as determined by §60.195(g).
Anode bake plant means a facility which produces carbon anodes for use in a primary aluminum reduction plant.
Potroom means a building unit which houses a group of electrolytic cells in which aluminum is produced.
Potroom group means an uncontrolled potroom, a potroom which is controlled individually, or a group of potrooms or potroom segments ducted to a common control system.
Primary aluminum reduction plant means any facility manufacturing aluminum by electrolytic reduction.
Primary control system means an air pollution control system designed to remove gaseous and particulate flourides from exhaust gases which are captured at the cell.
Roof monitor means that portion of the roof of a potroom where gases not captured at the cell exit from the potroom.
Total fluorides means elemental fluorine and all fluoride compounds as measured by reference methods specified in §60.195 or by equivalent or alternative methods (see §60.8(b)).
§ 60.192 Standard for fluorides.
(a) On and after the date on which the initial performance test required to be conducted by §60.8 is completed, no owner or operator subject to the provisions of this subpart shall cause to be discharged into the atmosphere from any affected facility any gases containing total fluorides, as measured according to §60.195, in excess of:
(1) 1.0 kg/Mg (2.0 lb/ton) of aluminum produced for potroom groups at Soderberg plants: except that emissions between 1.0 kg/Mg and 1.3 kg/Mg (2.6 lb/ton) will be considered in compliance if the owner or operator demonstrates that exemplary operation and maintenance procedures were used with respect to the emission control system and that proper control equipment was operating at the affected facility during the performance tests;
(2) 0.95 kg/Mg (1.9 lb/ton) of aluminum produced for potroom groups at prebake plants; except that emissions between 0.95 kg/Mg and 1.25 kg/Mg (2.5 lb/ton) will be considered in compliance if the owner or operator demonstrates that exemplary operation and maintenance procedures were used with respect to the emission control system and that proper control equipment was operating at the affected facility during the performance test; and
(3) 0.05 kg/Mg (0.1 lb/ton) of aluminum equivalent for anode bake plants.
(b) Within 30 days of any performance test which reveals emissions which fall between the 1.0 kg/Mg and 1.3 kg/Mg levels in paragraph (a)(1) of this section or between the 0.95 kg/Mg and 1.25 kg/Mg levels in paragraph (a)(2) of this section, the owner or operator shall submit a report indicating whether all necessary control devices were on-line and operating properly during the performance test, describing the operating and maintenance procedures followed, and setting forth any explanation for the excess emissions, to the Director of the Enforcement Division of the appropriate EPA Regional Office.
[45 FR 44207, June 30, 1980, as amended at 65 FR 61757, Oct. 17, 2000]
§ 60.193 Standard for visible emissions.
(a) On and after the date on which the performance test required to be conducted by §60.8 is completed, no owner or operator subject to the provisions of this subpart shall cause to be discharged into the atmosphere:
(1) From any potroom group any gases which exhibit 10 percent opacity or greater, or
(2) From any anode bake plant any gases which exhibit 20 percent opacity or greater
§ 63.844 Emission limits for new or reconstructed sources. New source means any affected source the construction or reconstruction of which is commenced after the Administrator first proposes a relevant emission standard under this part establishing an emission standard applicable to such source.
(a) Potlines. The owner or operator shall not discharge or cause to be discharged into the atmosphere any emissions of TF or POM in excess of the limits in paragraphs (a)(1) and (a)(2) of this section.
(1) TF limit. Emissions of TF shall not exceed 0.6 kg/Mg (1.2 lb/ton) of aluminum produced; and
(2) POM limit. Emissions of POM from Soderberg potlines shall not exceed 0.32 kg/Mg (0.63 lb/ton) of aluminum produced.
(b) Paste production plants. The owner or operator shall meet the requirements in § 63.843(b) for existing paste production plants.
(c) Anode bake furnaces. The owner or operator shall not discharge or cause to be discharged into the atmosphere any emissions of TF or POM in excess of the limits in paragraphs (c)(1) and (c)(2) of this section.
(1) TF limit. Emissions of TF shall not exceed 0.01 kg/Mg (0.02 lb/ton) of green anode; and
(2) POM limit. Emissions of POM shall not exceed 0.025 kg/Mg (0.05 lb/ton) of green anode.
(d) Pitch storage tanks. Each pitch storage tank shall be equipped with an emission control system designed and operated to reduce inlet emissions of POM by 95 percent or greater.
§ 63.845 Incorporation of new source performance standards for potroom groups.
(a) Applicability. The provisions in paragraphs (a) through (i) of this section shall apply to any Soderberg, CWPB2, and CWPB3 potline that adds a new potroom group to an existing potline or that is associated with a potroom group that meets the definition of ‘‘modified potroom group’’ or ‘‘reconstructed potroom group.’’
(1) The following shall not, by themselves, be considered to result in a potroom group modification:
(i) Maintenance, repair, and replacement that the applicable regulatory authority determines to be routine for the potroom group;
(ii) An increase in production rate of an existing potroom group, if that increase can be accomplished without a capital expenditure on that potroom group;
(iii) An increase in the hours of operation;
(iv) Use of an alternative fuel or raw material if, prior to the effective date of this subpart, the existing potroom group was designed to accommodate that alternative use;
(v) The addition or use of any system or device whose primary function is the reduction of air pollutants, except when an emission control system is removed or is replaced by a system that the applicable regulatory authority determines to be less environmentally
beneficial; and
(vi) The relocation or change in ownership of an existing potroom group.
(2) The provisions in paragraphs (a)(2)(i) through (a)(2)(iv) of this section apply when the applicable regulatory authority must determine if a potroom group meets the definition of reconstructed potroom group.
(i) ‘‘Fixed capital cost’’ means the capital needed to provide all the depreciable components.
(ii) If an owner or operator of an existing potroom group proposes to replace components, and the fixed capital cost of the new components
exceeds 50 percent of the fixed capital cost that would be required to construct a comparable entirely new potroom group, he/she shall notify the applicable regulatory authority of the proposed replacements. The notice must be postmarked 60 days (or as soon as practicable) before construction of the replacements is commenced and must include the following information:
(A) Name and address of the owner or operator;
(B) The location of the existing potroom group;
(C) A brief description of the existing potroom group and the components that are to be replaced;
(D) A description of the existing air pollution control equipment and the proposed air pollution control
equipment;
(E) An estimate of the fixed capital cost of the replacements and of constructing a comparable entirely new potroom group;
(F) The estimated life of the existing potroom group after the replacements; and
(G) A discussion of any economic or technical limitations the potroom group may have in complying with the applicable standards of performance after the proposed replacements.
(iii) The applicable regulatory authority will determine, within 30 days of the receipt of the notice required by paragraph (a)(2)(ii) of this section and any additional information he/she may reasonably require, whether the proposed replacement constitutes a reconstructed potroom group.
(iv) The applicable regulatory authority’s determination under paragraph (a)(2)(iii) of this section shall be based on:
(A) The fixed capital cost of the replacements in comparison to the fixed capital cost that would be required to construct a comparable entirely new potroom group;
(B) The estimated life of the potroom group after the replacements compared to the life of a comparable entirely new potroom group;
(C) The extent to which the components being replaced cause or contribute to the emissions from the potroom group; and
(D) Any economic or technical limitations on compliance with applicable standards of performance that are inherent in the proposed
replacements.
(b) Lower TF emission limit. The owner or operator shall calculate a lower TF emission limit for any potline associated with the modified potroom group, reconstructed potroom group, or new potroom group using the following equation:
L1=f1 ´ LPG1 + (1´f1) ´ LPL
Where
L1=the lower TF emission limit in kg/Mg (lb/ton);
f1=the fraction of the potline’s total aluminum production capacity that is contained within all modified potroom groups, reconstructed
potroom groups, and new potroom groups;
LPG1=0.95 kg/Mg (1.9 lb/ton) for prebake potlines and 1.0 kg/Mg (2.0 lb/ton) for Soderberg potlines; and
LPL=the TF emission limit from § 63.843(a)(1) for the appropriate potline subcategory that would have otherwise applied to the
potline.
(c) Upper TF emission limit. The owner or operator shall calculate an upper TF emission limit for any potline associated with the modified potroom group, reconstructed potroom group, or new potroom group using the following equation:
L2=f1 ´ LPG2 + (1´f1) ´ LPL
Where
L2=the upper TF emission limit in kg/Mg (lb/ton); and
LPG2=1.25 kg/Mg (2.5 lb/ton) for prebake potlines and 1.3 kg/Mg (2.6 lb/ton) for Soderberg potlines.
(d) Recalculation. The TF emission limits in paragraphs (b) and (c) of this section shall be recalculated each time a new potroom group is added to the potline and each time an additional potroom group meets the definition of ‘‘modified potroom group’’ or ‘‘reconstructed potroom group.’’
(e) Emission limitation. The owner or operator shall not discharge or cause to be discharged into the atmosphere emissions of TF from any potline associated with the modified potroom group, reconstructed potroom group, or new potroom group that exceed the lower emission limit calculated in paragraph (b) of this section, except that emissions less than the upper limit calculated in paragraph (c) of this section will be considered in compliance if the owner or operator demonstrates that exemplary operation and maintenance procedures were used
with respect to the emission control system and that proper control equipment was operating at the potline during the performance test.
(f) Report. Within 30 days of any performance test that reveals emissions that fall between the lower limit calculated in paragraph (b) of this section and the upper limit calculated in paragraph (c) of this section, the owner or operator shall submit to the applicable regulatory authority a report indicating whether all necessary control devices were online and operating properly during the performance test, describing the operating and maintenance procedures followed, and setting forth any explanation for the excess emissions.
(g) Procedures to determine TF emissions. The owner or operator shall determine TF emissions for the potline using the following procedures:
(1) Determine the emission rate of TF in kg/Mg (lb/ton) from sampling secondary emissions and the primary control system for all new potroom groups, modified potroom groups, and reconstructed potroom groups using the procedures, equations, and test methods in §§ 63.847, 63.848, and 63.849.
(2) Determine the emission rate of TF in kg/Mg (lb/ton) from sampling secondary emissions and the primary control system for potroom groups or sections of potroom groups within the potline that are not new potroom groups, modified potroom groups, or reconstructed potroom groups according to paragraphs (g)(2)(i) or (g)(2)(ii) of this section.
(i) Determine the mass emission rate of TF in kg/Mg (lb/ton) from at least one potroom group within the potline that is not a new potroom group, modified potroom group, or reconstructed potroom group using the procedures, equations, and test methods in §§ 63.847, 63.848, and 63.849, or
(ii) Use the results of the testing required by paragraph (g)(1) of this section to represent the entire potline based on a demonstration that the
results are representative of the entire potline. Representativeness shall be based on showing that all of the potroom groups associated with the potline are substantially equivalent in terms of their structure, operability, type of emissions, volume of emissions, and concentration of emissions.
(3) Calculate the TF emissions for the potline in kg/Mg (lb/ton) based on the production-weighted average of the TF emission rates from paragraphs (g)(1) and (g)(2) of this section using the following equation:
E=f1 ´ EPG1 + (1-f1) x EPL
where
E=the TF emission rate for the entire potline, kg/Mg (lb/ton);
f1=the fraction of the potline’s total aluminum production rate that is contained within all modified potroom groups, reconstructed potroom groups, and new potroom groups;
EPG1=the TF emission rate from paragraph (g)(1) of this section for all modified potroom groups, reconstructed potroom groups, and new potroom groups, kg/Mg (lb/ton); and
EPL=the TF emission rate for the balance of the potline from paragraph (g)(2) of this section, kg/Mg (lb/ton).
Compliance is demonstrated when TF emissions for the potline meet the requirements in paragraph (e) of this section.
(4) As an alternative to sampling as required in paragraphs (g)(1) and (g)(2) of this section, the owner or operator may perform representative sampling of the entire potline subject to the approval of the applicable regulatory authority. Such sampling shall provide coverage by the sampling equipment of both the new, modified, or reconstructed potroom group and the balance of the potline. The coverage for the new, modified, or reconstructed potroom group must meet the criteria specified in the reference methods in § 63.849. TF emissions shall be determined for the potline using the procedures, equations, and test methods in §§ 63.847, 63.848, and 63.849. Compliance is demonstrated when TF emissions for the potline meet the requirements in paragraph (e) of this section.
(h) Opacity. Except as provided in paragraph (i) of this section, the owner or operator shall not discharge or cause to be discharged into the atmosphere from the modified potroom group, reconstructed potroom group, or new potroom group any emissions of gases
that exhibit 10 percent opacity or greater.
(i) Alternative opacity limit. An alternative opacity limit may be established in place of the opacity limit in paragraph (h) of this section using the following procedures:
(1) If the regulatory authority finds that a potline is in compliance with the applicable TF standard for which performance tests are conducted in accordance with the methods and procedures in § 63.849 but during the time such performance tests are being conducted fails to meet any applicable opacity standard, the regulatory authority shall notify and advise the owner or operator that he/she may petition the regulatory authority within 10 days of receipt of notification to make appropriate adjustment to the opacity standard.
(2) The regulatory authority will grant such a petition upon a demonstration by the owner or operator that the potroom group and associated air pollution control equipment were operated and maintained in a manner to minimize the opacity of emissions during the performance tests; that the performance tests were performed under the conditions established by the regulatory authority; and that the potroom group
and associated air pollution control equipment were incapable of being adjusted or operated to meet the applicable opacity standard.
(3) As indicated by the performance and opacity tests, the regulatory authority will establish an opacity standard for any potroom group meeting the requirements in paragraphs (i)(1) and (i)(2) of this section such that the opacity standard could be met by the potroom group at all times during which the potline is meeting the TF emission limit.
(4) The alternative opacity limit established in paragraph (i)(3) of this section shall not be greater than 20 percent opacity.
Laterite Ore Production of Ferronickel
340-236-0200
Statement of Purpose
In furtherance of the public policy of the State as set forth in ORS 468A.010, it is hereby declared to be the purpose of the Commission in adopting OAR 340-236-0200 through 340-236-0230 to:
(1) Require, in accordance with a specific program and timetable, the highest and best practicable collection, treatment, and control of atmospheric pollutants through the utilization of technically feasible equipment, devices, and procedures necessary to attain and maintain desired air quality.
(2) Establish standards which based upon presently available technology, are reasonably attainable with the intent of revising the standards as needed when new information and/or better technology are developed.
340-236-0210
Applicability
OAR 340-236-0200 through 340-236-0230 apply to laterite ore production of ferronickel.
340-236-0220
Emission Standards
(1) No source shall have visible emissions in excess of 20 percent opacity, provided that where the presence of uncombined water is the only reason for failure of an emission to meet this requirement, such requirement shall not apply.
(2) The total combined emission of particulate matter from all sources shall not exceed 3.5 pounds per ton of dry laterite ore produced, based upon the average dry laterite ore production rate.
OAR | CFR – NSPS Subpart Z | CFR – NESHAP Subpart LL |
SOURCE | LIMIT | SOURCE | LIMIT | SOURCE | LIMIT |
340-236-0220
laterite ore production of ferronickel | (2) The total combined emission of particulate matter from all sources shall not exceed 3.5 pounds per ton of dry laterite ore produced, based upon the average dry laterite ore production rate. | ||||
(1) No source shall have visible emissions in excess of 20 percent opacity, provided that where the presence of uncombined water is the only reason for failure of an emission to meet this requirement, such requirement shall not apply. |
Subpart XXX—National Emission Standards for Hazardous Air Pollutants for Ferroalloys Production: Ferromanganese and Silicomanganese
§63.1650 Applicability and compliance dates.
(a) This subpart applies to all new and existing ferromanganese and silicomanganese production facilities that manufacture ferromanganese or silicomanganese and are major sources or are co-located at major sources of hazardous air pollutant emissions.
(b) The following sources at a ferromanganese and silicomanganese production facility are subject to this subpart:
(1) Open submerged arc furnaces with a furnace power input of 22 MW or less when producing ferromanganese.
(2) Open submerged arc furnaces with a furnace power input greater than 22 MW when producing ferromanganese.
(3) Open submerged arc furnaces with a furnace power input greater than 25 MW when producing silicomanganese.
(4) Open submerged arc furnaces with a furnace power input of 25 MW or less when producing silicomanganese.
(5) Semi-sealed submerged arc furnaces when producing ferromanganese.
(6) Metal oxygen refining (MOR) process.
(7) Crushing and screening operations.
(8) Fugitive dust sources.
(c) A new affected source is one for which construction or reconstruction commenced after August 4, 1998.
(d) The following table specifies which provisions of subpart A of this part apply to owners and operators of ferromanganese and silicomanganese production facilities subject to this subpart:
§63.1652 Emission standards.
(a) New and reconstructed submerged arc furnaces. No owner or operator shall cause to be discharged into the atmosphere from any new or reconstructed submerged arc furnace exhaust gases (including primary and tapping) containing particulate matter in excess of one of the following:
(1) 0.23 kilograms per hour per megawatt (kg/hr/MW) (0.51 pounds per hour per megawatt [lb/hr/MW]), or
(2) 35 milligrams per dry standard cubic meter (mg/dscm) (0.015 grains per dry standard cubic foot [gr/dscf]).
(b) Existing open submerged arc furnaces. No owner or operator shall cause to be discharged into the atmosphere from any existing open submerged arc furnace exhaust gases (including primary and tapping) containing particulate matter in excess of one of the following:
(1) 9.8 kilograms per hour (kg/hr) (21.7 pounds per hour (lb/hr)) when producing ferromanganese in an open furnace operating at a furnace power input of 22 MW or less; or
(2) 13.5 kg/hr (29.8 lb/hr) when producing ferromanganese in an open furnace operating at a furnace power input greater than 22 MW; or
(3) 16.3 kg/hr (35.9 lb/hr) when producing silicomanganese in an open furnace operating at a furnace power input greater than 25 MW; or
(4) 12.3 kg/hr (27.2 lb/hr) when producing silicomanganese in an open furnace operating at a furnace power input of 25 MW or less.
(c) Existing semi-sealed submerged arc furnaces. No owner or operator shall cause to be discharged into the atmosphere from any existing semi-sealed submerged arc furnace exhaust gases (including primary, tapping, and vent stacks) containing particulate matter in excess of 11.2 kg/hr (24.7 lb/hr) when producing ferromanganese.
(d) MOR process. No owner or operator shall cause to be discharged into the atmosphere from any new, reconstructed, or existing MOR process exhaust gases containing particulate matter in excess of 69 mg/dscm (0.03 gr/dscf).
(e) Crushing and screening equipment—(1) New and reconstructed equipment. No owner or operator shall cause to be discharged into the atmosphere from any new or reconstructed piece of equipment associated with crushing and screening exhaust gases containing particulate matter in excess of 50 mg/dscm (0.022 gr/dscf).
(2) Existing equipment. No owner or operator shall cause to be discharged into the atmosphere from any existing piece of equipment associated with crushing and screening exhaust gases containing particulate matter in excess of 69 (mg/dscm) (0.03 gr/dscf).
[64 FR 27458, May 20, 1999, as amended at 66 FR 16013, Mar. 22, 2001]
§63.1653 Opacity standards.
No owner or operator shall cause emissions exiting from a shop due solely to operations of any affected submerged arc furnace, to exceed 20 percent opacity for more than one 6-minute period during any performance test, with the following exceptions:
(a) Visible particulate emissions from a shop due solely to operation of a semi-closed submerged arc furnace, may exceed 20 percent opacity, measured as a 6-minute average, one time during any performance test, so long as the emissions never exceed 60 percent opacity, measured as a 6-minute average.
(b) Blowing taps, poling and oxygen lancing of the tap hole; burndowns associated with electrode measurements; and maintenance activities associated with submerged arc furnaces and casting operations are exempt from the opacity standards specified in this section.
§63.1654 Operational and work practice standards.
(a) Fugitive dust sources. (1) Each owner or operator of an affected ferromanganese and silicomanganese production facility must prepare, and at all times operate according to, a fugitive dust control plan that describes in detail the measures that will be put in place to control fugitive dust emissions from the individual fugitive dust sources at the facility.
(2) The owner or operator must submit a copy of the fugitive dust control plan to the designated permitting authority on or before the applicable compliance date for the affected source as specified in §63.1650(e). The requirement for the owner or operator to operate the facility according to a written fugitive dust control plan must be incorporated in the operating permit for the facility that is issued by the designated permitting authority under part 70 of this chapter.
(3) The owner or operator may use existing manuals that describe the measures in place to control fugitive dust sources required as part of a State implementation plan or other federally enforceable requirement for particulate matter to satisfy the requirements of paragraph (a)(1) of this section.
(b) Baghouses equipped with bag leak detection systems. The owner or operator of a new or reconstructed submerged arc furnace must install and continuously operate a bag leak detection system if the furnace's primary and/or tapping emissions are ducted to a negative pressure baghouse or to a positive pressure baghouse equipped with a stack. The owner or operator must maintain and operate each baghouse such that the following conditions are met:
(1) The alarm on the system does not sound for more than 5 percent of the total operating time in a 6-month reporting period.
(2) A record is made of the date and time of each alarm and procedures to determine the cause of the alarm are initiated within 1 hour of the alarm according to the plan for corrective action required under §63.1657(a)(7).
§63.1655 Maintenance requirements.
(a) The owner or operator of an affected source must comply with the requirements of §63.6(e) of subpart A.
(b)(1) The owner or operator must develop and implement a written maintenance plan for each air pollution control device associated with submerged arc furnaces, metal oxygen refining processes, and crushing and screening operations subject to the provisions of this part. The owner or operator must keep the maintenance plan on record and available for the Administrator's inspection for the life of the air pollution control device or until the affected source is no longer subject to the provisions of this part.
(2) To satisfy the requirement to develop maintenance plans, the owner or operator may use the affected source's standard operating procedures (SOP) manual or other plan, provided the alternative plan meets the requirements of this paragraph and is made available for inspection when requested by the Administrator.
(c) The procedures specified in the maintenance plan must include a preventive maintenance schedule that is consistent with good air pollution control practices for minimizing emissions and, for baghouses, ensure that the requirements specified in §63.1657(a) are met.
(d) The owner or operator must perform monthly inspections of the equipment that is important to the performance of the furnace capture system. This inspection must include an examination of the physical condition of the equipment, suitable for detecting holes in ductwork or hoods, flow constrictions in ductwork due to dents or accumulated dust, and operational status of flow rate controllers (pressure sensors, dampers, damper switches, etc.). Any deficiencies must be recorded and proper maintenance and repairs performed.
40 CFR Part 63, Subpart YYYYYY - National Emission Standards for Hazardous Air Pollutants for Area Sources: Ferroalloys Production Facilities
§ 63.11524Am I subject to this subpart?
(a) You are subject to this subpart if you own or operate a ferroalloys production facility that is an area source of hazardous air pollutant (HAP) emissions. A ferroalloys production facility manufactures silicon metal, ferrosilicon, ferrotitanium using the aluminum reduction process, ferrovanadium, ferromolybdenum, calcium silicon, silicomanganese zirconium, ferrochrome silicon, silvery iron, high-carbon ferrochrome, charge chrome, standard ferromanganese, silicomanganese, ferromanganese silicon, calcium carbide or other ferroalloy products using electrometallurgical operations including electric arc furnaces (EAFs) or other reaction vessels.
(b) The provisions of this subpart apply to each existing and new electrometallurgical operation affected source as defined in paragraphs (b)(1) and (b)(2) of this section.
(1) An electrometallurgical operation affected source is existing if you commenced construction or reconstruction of the EAF or other reaction vessel on or before September 15, 2008.
(2) An electrometallurgical operation affected source is new if you commenced construction or reconstruction of the EAF or other reaction vessel after September 15, 2008.
(c) This subpart does not apply to research or laboratory facilities as defined in section 112(c)(7) of the Clean Air Act (CAA).
(d) You are exempt from the obligation to obtain a permit under 40 CFR part 70 or 40 CFR part 71, provided you are not otherwise required by law to obtain a permit under 40 CFR 70.3(a) or 40 CFR 71.3. Notwithstanding the previous sentence, you must continue to comply with the provisions of this subpart.
40 CFR 63.11526 - What are the standards for new and existing ferroalloys production facilities?
(a) You must not discharge to the atmosphere visible emissions (VE) from the control device that exceed 5 percent of accumulated occurrences in a 60-minute observation period.
(b) You must not discharge to the atmosphere fugitive PM emissions from the furnace building containing the electrometallurgical operations that exhibit opacity greater than 20 percent (6-minute average), except for one 6-minute average per hour that does not exceed 60 percent.
Subpart Z—Standards of Performance for Ferroalloy Production Facilities
§60.260 Applicability and designation of affected facility.
(a) The provisions of this subpart are applicable to the following affected facilities: Electric submerged arc furnaces which produce silicon metal, ferrosilicon, calcium silicon, silicomanganese zirconium, ferrochrome silicon, silvery iron, high-carbon ferrochrome, charge chrome, standard ferromanganese, silicomanganese, ferromanganese silicon, or calcium carbide; and dust-handling equipment.
(b) Any facility under paragraph (a) of this section that commences construction or modification after October 21, 1974, is subject to the requirements of this subpart.
[42 FR 37938, July 25, 1977]
§60.262 Standard for particulate matter.
(a) On and after the date on which the performance test required to be conducted by §60.8 is completed, no owner or operator subject to the provisions of this subpart shall cause to be discharged into the atmosphere from any electric submerged arc furnace any gases which:
(1) Exit from a control device and contain particulate matter in excess of 0.45 kg/MW-hr (0.99 lb/MW-hr) while silicon metal, ferrosilicon, calcium silicon, or silicomanganese zirconium is being produced.
(2) Exit from a control device and contain particulate matter in excess of 0.23 kg/MW-hr (0.51 lb/MW-hr) while highcarbon ferrochrome, charge chrome, standard ferromanganese, silicomanganese, calcium carbide, ferrochrome silicon, ferromanganese silicon, or silvery iron is being produced.
(3) Exit from a control device and exhibit 15 percent opacity or greater.
(4) Exit from an electric submerged arc furnace and escape the capture system and are visible without the aid of instruments. The requirements under this subparagraph apply only during periods when flow rates are being established under §60.265(d).
(5) Escape the capture system at the tapping station and are visible without the aid of instruments for more than 40 percent of each tapping period. There are no limitations on visible emissions under this subparagraph when a blowing tap occurs. The requirements under this subparagraph apply only during periods when flow rates are being established under §60.265(d).
(b) On and after the date on which the performance test required to be conducted by §60.8 is completed, no owner or operator subject to the provisions of this subpart shall cause to be discharged into the atmosphere from any dust-handling equipment any gases which exhibit 10 percent opacity or greater.
§60.263 Standard for carbon monoxide.
(a) On and after the date on which the performance test required to be conducted by §60.8 is completed, no owner or operator subject to the provisions of this subpart shall cause to be discharged in to the atmosphere from any electric submerged arc furnace any gases which contain, on a dry basis, 20 or greater volume percent of carbon monoxide. Combustion of such gases under conditions acceptable to the Administrator constitutes compliance with this section. Acceptable conditions include, but are not limited to, flaring of gases or use of gases as fuel for other processes.
Charcoal OAR | CFR – NSPS Subpart | CFR – NESHAP Subpart |
SOURCE | LIMIT | SOURCE | LIMIT | SOURCE | LIMIT |
340-240-0170 Charcoal Producing Plants | PM from charcoal producing plant sources including, but not limited to, charcoal furnaces, heat recovery boilers, and wood dryers using any portion of the charcoal furnace off-gases as a heat source, in excess of a total from all sources within the plant site of 10.0 pounds per ton of char produced (5.0 grams per Kilogram of char produced). (2) Emissions from char storage, briquette making, boilers not using charcoal furnace off-gases, and fugitive sources are excluded in determining compliance with section (1) of this rule. (3) Charcoal producing plants as described in section (1) of this rule are exempt from the limitations of OAR 340-226-0210 sections (1) and (2), and 340-226-0310 which concern particulate emission concentrations and process weight. | Q1: Is NSPS subpart Y applicable to charcoal briquet manufacturing?A1: If a charcoal briquet manufacturing plant processes over 200 tons of coal a day and meets the definition of a "coal preparation plant" as defined in 40 CFR 60.250, then it would be subject to NSPS subpart Y. (e) Coal preparation and processing plant means any facility (excluding underground mining operations) which prepares coal by one or more of the following processes: breaking, crushing, screening, wet or dry cleaning, and thermal drying. (r) Thermal dryer means: (2) For units constructed, reconstructed, or modified after May 27, 2009, any facility in which the moisture content of coal is reduced by either contact with a heated gas stream which is exhausted to the atmosphere or through indirect heating of the coal through contact with a heated heat transfer medium. §60.250 Applicability and designation of affected facility. (a) The provisions of this subpart apply to affected facilities in coal preparation and processing plants that process more than 181 megagrams (Mg) (200 tons) of coal per day. (d) The provisions in §60.251, §60.252(b)(1) through (3), and (c), §60.253(b), §60.254(b) and (c), §60.255(b) through (h), §60.256(b) and (c), §60.257, and §60.258 of this subpart are applicable to any of the following affected facilities that commenced construction, reconstruction or modification after May 27, 2009: Thermal dryers, pneumatic coal-cleaning equipment (air tables), coal processing and conveying equipment (including breakers and crushers), coal storage systems, transfer and loading systems, and open storage piles. |
| ||
§60.254 Standards for coal processing and conveying equipment, coal storage systems, transfer and loading systems, and open storage piles.
| (b) an owner or operator of any coal processing and conveying equipment, coal storage system, or coal transfer and loading system processing coal constructed, reconstructed, or modified after April 28, 2008, must meet the requirements in paragraphs (b)(1) through (3) of this section, as applicable to the affected facility. (1) Except as provided in paragraph (b)(3), the owner or operator must not cause to be discharged into the atmosphere from the affected facility any gases which exhibit 10 percent opacity or greater. (2) The owner or operator must not cause to be discharged into the atmosphere from any mechanical vent on an affected facility gases which contain particulate matter in excess of 0.023 g/dscm (0.010 gr/dscf). (3) Equipment used in the loading, unloading, and conveying operations of open storage piles are not subject to the opacity limitations of paragraph (b)(1) of this section. (c) The owner or operator of an open storage pile, which includes the equipment used in the loading, unloading, and conveying operations of the affected facility, constructed, reconstructed, or modified after May 27, 2009, must prepare and operate in accordance with a submitted fugitive coal dust emissions control plan that is appropriate for the site conditions as specified in paragraphs (c)(1) through (6) of this section. (1) The fugitive coal dust emissions control plan must identify and describe the control measures the owner or operator will use to minimize fugitive coal dust emissions from each open storage pile. (2) For open coal storage piles, the fugitive coal dust emissions control plan must require that one or more of the following control measures be used to minimize to the greatest extent practicable fugitive coal dust: Locating the source inside a partial enclosure, installing and operating a water spray or fogging system, applying appropriate chemical dust suppression agents on the source (when the provisions of paragraph (c)(6) of this section are met), use of a wind barrier, compaction, or use of a vegetative cover. The owner or operator must select, for inclusion in the fugitive coal dust emissions control plan, the control measure or measures listed in this paragraph that are most appropriate for site conditions. The plan must also explain how the measure or measures selected are applicable and appropriate for site conditions. In addition, the plan must be revised as needed to reflect any changing conditions at the source. (3) Any owner or operator of an affected facility that is required to have a fugitive coal dust emissions control plan may petition the Administrator to approve, for inclusion in the plan for the affected facility, alternative control measures other than those specified in paragraph (c)(2) of this section as specified in paragraphs (c)(3)(i) through (iv) of this section. (i) The petition must include a description of the alternative control measures, a copy of the fugitive coal dust emissions control plan for the affected facility that includes the alternative control measures, and information sufficient for EPA to evaluate the demonstrations required by paragraph (c)(3)(ii) of this section. (ii) The owner or operator must either demonstrate that the fugitive coal dust emissions control plan that includes the alternate control measures will provide equivalent overall environmental protection or demonstrate that it is either economically or technically infeasible for the affected facility to use the control measures specifically identified in paragraph (c)(2). (iii) While the petition is pending, the owner or operator must comply with the fugitive coal dust emissions control plan including the alternative control measures submitted with the petition. Operation in accordance with the plan submitted with the petition shall be deemed to constitute compliance with the requirement to operate in accordance with a fugitive coal dust emissions control plan that contains one of the control measures specifically identified in paragraph (c)(2) of this section while the petition is pending. (iv) If the petition is approved by the Administrator, the alternative control measures will be approved for inclusion in the fugitive coal dust emissions control plan for the affected facility. In lieu of amending this subpart, a letter will be sent to the facility describing the specific control measures approved. The facility shall make any such letters and the applicable fugitive coal dust emissions control plan available to the public. If the Administrator determines it is appropriate, the conditions and requirements of the letter can be reviewed and changed at any point. (4) The owner or operator must submit the fugitive coal dust emissions control plan to the Administrator or delegated authority as specified in paragraphs (c)(4)(i) and (c)(4)(ii) of this section. (i) The plan must be submitted to the Administrator or delegated authority prior to startup of the new, reconstructed, or modified affected facility, or 30 days after the effective date of this rule, whichever is later. (ii) The plan must be revised as needed to reflect any changing conditions at the source. Such revisions must be dated and submitted to the Administrator or delegated authority before a source can operate pursuant to these revisions. The Administrator or delegated authority may also object to such revisions as specified in paragraph (c)(5) of this section. (5) The Administrator or delegated authority may object to the fugitive coal dust emissions control plan as specified in paragraphs (c)(5)(i) and (c)(5)(ii) of this section. (i) The Administrator or delegated authority may object to any fugitive coal dust emissions control plan that it has determined does not meet the requirements of paragraphs (c)(1) and (c)(2) of this section. (ii) If an objection is raised, the owner or operator, within 30 days from receipt of the objection, must submit a revised fugitive coal dust emissions control plan to the Administrator or delegated authority. The owner or operator must operate in accordance with the revised fugitive coal dust emissions control plan. The Administrator or delegated authority retain the right, under paragraph (c)(5) of this section, to object to the revised control plan if it determines the plan does not meet the requirements of paragraphs (c)(1) and (c)(2) of this section. (6) Where appropriate chemical dust suppression agents are selected by the owner or operator as a control measure to minimize fugitive coal dust emissions, (1) only chemical dust suppressants with Occupational Safety and Health Administration (OSHA)-compliant material safety data sheets (MSDS) are to be allowed; (2) the MSDS must be included in the fugitive coal dust emissions control plan; and (3) the owner or operator must consider and document in the fugitive coal dust emissions control plan the site-specific impacts associated with the use of such chemical dust suppressants. | ||||