7 Del. Admin. Code § 1138-3.0
The terms used in this regulation are defined in the Act or in 3.2 of this regulation as follows:
"Act" means the Clean Air Act (42 U.S.C. 7401 et seq.).
"Actual emissions", for the purpose of granting a compliance extension for an early reduction of hazardous air pollutants, mean the actual rate of emissions of a pollutant, but does not include excess emissions from a malfunction, or startups and shutdowns associated with a malfunction. Actual emissions shall be calculated using the source's actual operating rates, and types of materials processed, stored, or combusted during the selected time period.
"Administrator" means the Administrator of the United States Environmental Protection Agency.
"Affected source", for the purposes of this regulation, means the collection of equipment, activities, or both within a single contiguous area and under common control that is included in a Section 112(c) (of the Act) source category or subcategory for which a Section 112(d) (of the Act) standard or other relevant standard is established pursuant to Section 112 of the Act. Each relevant standard will define the "affected source," as defined in 3.2 of this regulation unless a different definition is warranted based on a published justification as to why this definition would result in significant administrative, practical, or implementation problems and why the different definition would resolve those problems. The term "affected source," as used in this regulation, is separate and distinct from any other use of that term in EPA regulations such as those implementing Title IV of the Act. Affected source may be defined differently for 40 CFR Part 63 and this regulation than affected facility and stationary source in 40 CFR Parts 60 and 61 and 7 DE Admin. Codes 1120 and 1121 of the State of Delaware "Regulation Governing the Control of Air Pollution", respectively. This definition of "affected source," and the procedures for adopting an alternative definition of "affected source," shall apply to each Section 112(d) standard for which the initial proposed rule is signed by the Administrator after June 30, 2002.
"Alternative emission limitation" means conditions established pursuant to Sections 112(i)(5) or 112(i)(6) of the Act by the Department.
"Alternative emission standard" means an alternative means of emission limitation that, after notice and opportunity for public comment, has been demonstrated by an owner or operator to the Administrator's satisfaction to achieve a reduction in emissions of any air pollutant at least equivalent to the reduction in emissions of such pollutant achieved under a relevant design, equipment, work practice, or operational emission standard, or combination thereof, established under 40 CFR Part 63 pursuant to Section 112(h) of the Act.
"Alternative test method" means any method of sampling and analyzing for an air pollutant that is not a test method in Chapter I of Title 40 and that has been demonstrated to the Administrator's satisfaction, using Method 301 in Appendix A of 40 CFR Part 63, to produce results adequate for the Administrator's determination that it may be used in place of a test method specified in 40 CFR Part 63 or this regulation.
"Approved permit program" means the permit program established under 7 DE Admin. Code 1130.
"Area source" means any stationary source of hazardous air pollutants that is not a major source as defined in this regulation.
"Commenced" means, with respect to construction or reconstruction of an affected source, that an owner or operator has undertaken a continuous program of construction or reconstruction or that an owner or operator has entered into a contractual obligation to undertake and complete, within a reasonable time, a continuous program of construction or reconstruction.
"Compliance date" means the date by which an affected source is required to be in compliance with a relevant standard, limitation, prohibition, or any federally enforceable requirement established by the Administrator or the Department pursuant to Section 112 of the Act.
"Compliance schedule" means:
| * | In the case of an affected source that is in compliance with all applicable requirements established under 40 CFR Part 63 or this regulation, a statement that the source will continue to comply with such requirements; |
| * | In the case of an affected source that is required to comply with applicable requirements by a future date, a statement that the source will meet such requirements on a timely basis and, if required by an applicable requirement, a detailed schedule of the dates by which each step toward compliance will be reached; or |
| * | In the case of an affected source not in compliance with all applicable requirements established under 40 CFR Part 63 or this regulation, a schedule of remedial measures, including an enforceable sequence of actions or operations with milestones and a schedule for the submission of certified progress reports, where applicable, leading to compliance with a relevant standard, limitation, prohibition, or any federally enforceable requirement established pursuant to Section 112 of the Act for which the affected source is not in compliance. This compliance schedule shall resemble and be at least as stringent as that contained in any judicial consent decree or administrative order to which the source is subject. Any such schedule of compliance shall be supplemental to, and shall not sanction noncompliance with, the applicable requirements on which it is based. |
"Construction" means the on-site fabrication, erection, or installation of an affected source. Construction does not include the removal of all equipment comprising an affected source from an existing location and reinstallation of such equipment at a new location. The owner or operator of an existing affected source that is relocated may elect not to reinstall minor ancillary equipment including, but not limited to, piping, ductwork, and valves. However, removal and reinstallation of an affected source will be construed as reconstruction if it satisfies the criteria for reconstruction as defined in 3.2 of this regulation. The costs of replacing minor ancillary equipment shall be considered in determining whether the existing affected source is reconstructed.
"Continuous emission monitoring system" (CEMS) means the total equipment that may be required to meet the data acquisition and availability requirements of 40 CFR Part 63 or this regulation, used to sample, condition (if applicable), analyze, and provide a record of emissions.
"Continuous monitoring system"(CMS) is a comprehensive term that may include, but is not limited to, continuous emission monitoring systems, continuous opacity monitoring systems, continuous parameter monitoring systems, or other manual or automatic monitoring that is used for demonstrating compliance with an applicable regulation on a continuous basis as defined by the regulation.
"Continuous opacity monitoring system" (COMS) means a continuous monitoring system that measures the opacity of emissions.
"Continuous parameter monitoring system" (CPMS) means the total equipment that may be required to meet the data acquisition and availability requirements of 40 CFR Part 63 or this regulation, used to sample, condition (if applicable), analyze, and provide a record of process or control system parameters.
"Department" means the Department of Natural Resources and Environmental Control as defined in 29 Del.C., Ch 80, as amended.
"Effective date" means:
| * | With regard to an emission standard established under 40 CFR Part 63, the date of promulgation in the Federal Register of such standard; |
| * | With regard to an alternative emission limitation or equivalent emission limitation determined by the Department, the date that the alternative emission limitation or equivalent emission limitation becomes effective according to the provisions of this regulation; or |
| * | With regard to an emission standard established under this regulation, the date specified in the emission standard. |
"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:
| * | Emission standards, alternative emission standards, alternative emission limitations, and equivalent emission limitations established pursuant to Section 112 of the Act as amended in 1990; |
| * | New source performance standards established pursuant to Section 111 of the Act and emission standards established pursuant to Section 112 of the Act before it was amended in 1990; |
| * | All terms and conditions in a Title V permit, including any provisions that limit a source's potential to emit, unless expressly designated as not federally enforceable; |
| * | Limitations and conditions that are part of an approved State Implementation Plan (SIP) or a Federal Implementation Plan (FIP); |
| * | Limitations and conditions that are part of a Federal construction permit issued under 40 CFR 52.21 or any construction permit issued under regulations approved by the EPA in accordance with 40 CFR Part 51 ; |
| * | Limitations and conditions that are part of an operating permit where the permit and the permitting program pursuant to which it was issued meet all of the following criteria: |
| * | The operating permit program has been submitted to and approved by EPA into a SIP under Section 110 of the CAA; |
| * | The SIP imposes a legal obligation that operating permit holders adhere to the terms and limitations of such permits and provides that permits which do not conform to the operating permit program requirements and the requirements of EPA's underlying regulations may be deemed not "federally enforceable" by EPA; |
| * | The operating permit program requires that all emission limitations, controls, and other requirements imposed by such permits will be at least as stringent as any other applicable limitations and requirements contained in the SIP or enforceable under the SIP, and that the program may not issue permits that waive, or make less stringent, any limitations or requirements contained in or issued pursuant to the SIP, or that are otherwise "federally enforceable"; |
| * | The limitations, controls, and requirements in the permit in question are permanent, quantifiable, and otherwise enforceable as a practical matter; and |
| * | The permit in question was issued only after adequate and timely notice and opportunity for comment by EPA and the public. |
| * | Limitations and conditions in a Department rule or program that has been approved by the EPA under Subpart E of 40 CFR Part 63 for the purposes of implementing and enforcing Section 112 of the Act; and |
| * | Individual consent agreements that the EPA has legal authority to create. |
"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:
| * | Use of a CEMS in lieu of a parameter monitoring approach; |
| * | Decreased frequency for non-continuous parameter monitoring or physical inspections; |
| * | Changes to quality control requirements for parameter monitoring; and |
| * | Use of an electronic data reduction system in lieu of manual data reduction. |
"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:
| * | Modifications to a test method's sampling procedure including substitution of sampling equipment that has been demonstrated for a particular sample matrix and use of a different impinger absorbing solution; |
| * | Changes in sample recovery procedures and analytical techniques, such as changes to sample holding times and use of a different analytical finish with proven capability for the analyte of interest; and |
| * | "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:
| * | Use of a new monitoring approach developed to apply to a control technology not contemplated in the applicable regulation; |
| * | Use of a predictive emission monitoring system (PEMS) in place of a required CEMS; |
| * | Use of alternative calibration procedures that do not involve calibration gases or test cells; |
| * | Use of an analytical technology that differs from that specified by a performance specification; |
| * | Decreased monitoring frequency for a CEMS, COMS, PEMS, or CPMS; |
| * | Decreased monitoring frequency for a leak detection and repair program; and |
| * | Use of alternative averaging times for reporting purposes. |
"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:
| * | Use of an unproven analytical finish; |
| * | Use of a method developed to fill a test method gap; |
| * | Use of a new test method developed to apply to a control technology not contemplated in the applicable regulation; and |
| * | Combining two or more sampling/analytical methods (at least one unproven) into one for application to processes emitting multiple pollutants. |
"Major source" means any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit considering controls, in the aggregate, 10 tons per year or more of any hazardous air pollutant or 25 tons per year or more of any combination of hazardous air pollutants, unless the Administrator establishes a lesser quantity, or in the case of radionuclides, different criteria from those specified in this sentence.
"Malfunction" means any sudden, infrequent, and not reasonably preventable failure of air pollution control and monitoring equipment, process equipment, or a process to operate in a normal or usual manner which causes, or has the potential to cause, the emission limitations in an applicable standard to be exceeded. Failures that are caused in part by poor maintenance or careless operation are not malfunctions.
"Minor change to monitoring" means:
| * | A modification to federally required monitoring that: |
| * | Does not decrease the stringency of the compliance and enforcement measures for the relevant standard; |
| * | Has no national significance (e.g., does not affect implementation of the applicable regulation for other affected sources, does not set a national precedent, and individually does not result in a revision to the monitoring requirements); and |
| * | Is site-specific, made to reflect or accommodate the operational characteristics, physical constraints, or safety concerns of an affected source. |
| * | Examples of minor changes to monitoring include, but are not limited to: |
| * | Modifications to a sampling procedure, such as use of an improved sample conditioning system to reduce maintenance requirements; |
| * | Increased monitoring frequency; and |
| * | Modification of the environmental shelter to moderate temperature fluctuation and thus protect the analytical instrumentation. |
"Minor change to test method" means:
| * | A modification to a federally enforceable test method that: |
| * | Does not decrease the stringency of the emission limitation or standard; |
| * | Has no national significance (e.g., does not affect implementation of the applicable regulation for other affected sources, does not set a national precedent, and individually does not result in a revision to the test method); and |
| * | Is site-specific, made to reflect or accommodate the operational characteristics, physical constraints, or safety concerns of an affected source. |
| * | Examples of minor changes to a test method include, but are not limited to: |
| * | Field adjustments in a test method's sampling procedure, such as a modified sampling traverse or location to avoid interference from an obstruction in the stack, increasing the sampling time or volume, use of additional impingers for a high moisture situation, accepting particulate emission results for a test run that was conducted with a lower than specified temperature, substitution of a material in the sampling train that has been demonstrated to be more inert for the sample matrix and |
| * | Changes in recovery and analytical techniques such as a change in quality control/quality assurance requirements needed to adjust for analysis of a certain sample matrix. |
"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:
| * | Indicators of performance--the parameter or parameters you measure or observe for demonstrating proper operation of the pollution control measures or compliance with the applicable emissions limitation or standard. Indicators of performance may include direct or predicted emissions measurements (including opacity), operational parametric values that correspond to process or control device (and capture system) efficiencies or emissions rates, and recorded findings of inspection of work practice activities, materials tracking, or design characteristics. Indicators may be expressed as a single maximum or minimum value, a function of process variables (for example, within a range of pressure drops), a particular operational or work practice status (for example, a damper position, completion of a waste recovery task, materials tracking), or an interdependency between two or among more than two variables. |
| * | Measurement techniques--the means by which you gather and record information of or about the indicators of performance. The components of the measurement technique include the detector type, location and installation specifications, inspection procedures, and quality assurance and quality control measures. Examples of measurement techniques include CEMS, COMS, CPMS, and manual inspections that include making records of process conditions or work practices. |
| * | Monitoring frequency--the number of times you obtain and record monitoring data over a specified time interval. Examples of monitoring frequencies include at least four points equally spaced for each hour for CEMS or CPMS, at least every 10 seconds for COMS, and at least once per operating day (or week, month, etc.) for work practice or design inspections. |
| * | Averaging time--the period over which you average and use data to verify proper operation of the pollution control approach or compliance with the emissions limitation or standard. Examples of averaging time include a 3-hour average in units of the emissions limitation, a 30-day rolling average emissions value, a daily average of a control device operational parametric range, and an instantaneous alarm. |
"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:
| * | Emission reduction impacts of controlling individual sources versus groups of sources; |
| * | Cost effectiveness of controlling individual equipment; |
| * | Flexibility to accommodate common control strategies; |
| * | Cost/benefits of emissions averaging; |
| * | Incentives for pollution prevention; |
| * | Feasibility and cost of controlling processes that share common equipment (e.g., product recovery devices); |
| * | Feasibility and cost of monitoring; and |
| * | Other relevant factors. |
"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:
| * | 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 and |
| * | It is technologically and economically feasible for the reconstructed source to meet the relevant standards established by the Administrator pursuant to Section 112 of the Act or the Department in this regulation. Upon reconstruction, an affected source or a stationary source that becomes an affected source, is subject to relevant standards for new sources, including compliance dates, irrespective of any change in emissions of hazardous air pollutants from that source. |
"Regulation promulgation schedule" means the schedule for the promulgation of emission standards under 40 CFR Part 63, established by the Administrator pursuant to Section 112(e) of the Act and published in the Federal Register.
"Relevant standard" means:
| * | An emission standard; |
| * | An alternative emission standard; |
| * | An alternative emission limitation; or |
| * | An equivalent emission limitation established pursuant to Section 112 of the Act that applies to the collection of equipment, activities, or both regulated by such standard or limitation. A relevant standard may include or consist of a design, equipment, work practice, or operational requirement, or other measure, process, method, system, or technique (including prohibition of emissions) that the Administrator or the Department establishes for new or existing sources to which such standard or limitation applies. Every relevant standard established pursuant to Section 112 of the Act or in sections of this regulation includes 3.0 of this regulation, as provided by 4.1.1.4 of this regulation, and all applicable appendices of 40 CFR Part 63 or of other parts of Chapter I of Title 40 that are referenced in that standard or the sections of this regulation. |
"Responsible official" means one of the following:
| * | For a corporation: A president, secretary, treasurer, or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or a duly authorized representative of such person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities and either: |
| * | The facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars) or |
| * | The delegation of authority to such representative is approved in advance by the Department. |
| * | For a partnership or sole proprietorship: a general partner or the proprietor, respectively. |
| * | For a municipality, State, Federal, or other public agency: either a principal executive officer or ranking elected official. For the purposes of this regulation, a principal executive officer of a Federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., a Regional Administrator of the EPA). |
| * | For affected sources (as defined in 3.2 of this regulation) applying for or subject to a Title V permit: "responsible official" shall have the same meaning as defined in 7 DE Admin. Code 1130. |
"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 293°K (68°F) 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.
Used in 40 CFR Part 63 and this regulation are abbreviations and symbols of units of measure. These are defined as follows:
A = ampere
g = gram
Hz = hertz
J = joule
°K = degree Kelvin
kg = kilogram
l = liter
m = meter
m3 = cubic meter
mg = milligram = 10-3 gram
ml = milliliter = 10-3 liter
mm = millimeter = 10-3 meter
Mg = megagram = 106 gram = metric ton
MJ = megajoule
mol = mole
N = Newton
ng = nanogram = 10-9 gram
nm = nanometer = 10-9 meter
Pa = pascal
s = second
V = volt
W = watt
= ohm
g = microgram = 10-6 gram
l = microliter = 10-6 liter
Btu = British thermal unit
°C = degree Celsius (centigrade)
cal = calorie
cfm = cubic feet per minute
cc = cubic centimeter
cu ft = cubic feet
d = day
dcf = dry cubic feet
dcm = dry cubic meter
dscf = dry cubic feet at standard conditions
dscm = dry cubic meter at standard conditions
eq = equivalent
°F = degree Fahrenheit
ft = feet
ft2 = square feet
ft3 = cubic feet
gal = gallon
gr = grain
g-eq = gram equivalent
g-mole = gram mole
hr = hour
in. = inch
in. H2O = inches of water
K = 1,000
kcal = kilocalorie
lb = pound
lpm = liter per minute
meq = milliequivalent
min = minute
MW = molecular weight
oz = ounces
ppb = parts per billion
ppbw = parts per billion by weight
ppbv = parts per billion by volume
ppm = parts per million
ppmw = parts per million by weight
ppmv = parts per million by volume
psia = pounds per square inch absolute
psig = pounds per square inch gage
°R = degree Rankine
scf = cubic feet at standard conditions
scfh = cubic feet at standard conditions per hour
scm = cubic meter at standard conditions
scmm = cubic meter at standard conditions per minute
sec = second
sq ft = square feet
std = at standard conditions
v/v = volume per volume
yd2 = square yards
yr = year
act = actual
avg = average
I.D. = inside diameter
M = molar
N = normal
O.D. = outside diameter
% = percent
No owner or operator subject to the provisions of this regulation shall build, erect, install, or use any article, machine, equipment, or process to conceal an emission that would otherwise constitute noncompliance with a relevant standard. Such concealment includes, but is not limited to-
Fragmentation after November 15, 1990 which divides ownership of an operation, within the same facility among various owners where there is no real change in control, will not affect applicability. The owner and operator shall not use fragmentation or phasing of reconstruction activities (i.e., intentionally dividing reconstruction into multiple parts for purposes of avoiding new source requirements) to avoid becoming subject to new source requirements.
The provisions in 3.5.4 of this regulation implement Section 112(i)(1) of the Act.
Each application for approval of construction shall include, in addition to the information required in 3.5.4.1.2 of this regulation, technical information describing the proposed nature, size, design, operating design capacity, and method of operation of the source, including an identification of each type of emission point for each type of hazardous air pollutant that is emitted (or could reasonably be anticipated to be emitted) and a description of the planned air pollution control system (equipment or method) for each emission point. The description of the equipment to be used for the control of emissions shall include each control device for each hazardous air pollutant and the estimated control efficiency (percent) for each control device. The description of the method to be used for the control of emissions shall include an estimated control efficiency (percent) for that method. Such technical information shall include calculations of emission estimates in sufficient detail to permit assessment of the validity of the calculations.
Each application for approval of reconstruction shall include, in addition to the information required in 3.5.4.1.2 of this regulation
The Department may request additional relevant information after the submittal of an application for approval of construction or reconstruction.
The non-opacity emission standards set forth in 40 CFR Part 63 or this regulation shall apply at all times except during periods of startup, shutdown, or malfunction, and as otherwise specified in an applicable subpart of 40 CFR Part 63 or section in this regulation. If a startup, shutdown, or malfunction of one portion of an affected source does not affect the ability of particular emission points within other portions of the affected source to comply with the non-opacity emission standards set forth in 40 CFR Part 63 or this regulation, then that emission point shall still be required to comply with the non-opacity emission standards and other applicable requirements.
The Department will make a finding concerning an affected source's compliance with a non-opacity emission standard, as specified in 3.6.6.1 and 3.6.6.2 of this regulation, upon obtaining all the compliance information required by the relevant standard (including the written reports of performance test results, monitoring results, and other information, if applicable), and information available to the Department pursuant to 3.6.5.1.1 of this regulation.
The opacity and visible emission standards set forth in this regulation shall apply at all times except during periods of startup, shutdown, or malfunction, and as otherwise specified in an applicable subpart of 40 CFR Part 63 or section in this regulation. If a startup, shutdown, or malfunction of one portion of an affected source does not affect the ability of particular emission points within other portions of the affected source to comply with the opacity and visible emission standards set forth in 40 CFR Part 63 or this regulation, then that emission point shall still be required to comply with the opacity and visible emission standards and other applicable requirements.
The owner or operator of an affected source shall notify the Department in writing of the anticipated date for conducting opacity or visible emission observations in accordance with 3.9.6 of this regulation, if such observations are required for the source by a relevant standard.
When a relevant standard under 40 CFR Part 63 or this regulation includes an opacity or visible emission standard, the owner or operator of an affected source shall comply with the following:
The owner or operator of an affected source shall make available, upon request by the Department, such records that the Department deems necessary to determine the conditions under which the visual observations were made and shall provide evidence indicating proof of current visible observer emission certification.
The Department will make a finding concerning an affected source's compliance with an opacity or visible emission standard upon obtaining all the compliance information required by the relevant standard (including the written reports of the results of the performance tests required in 3.7 of this regulation, the results of Method 9 or another required opacity or visible emission test method, the observer certification required in 3.6.8.6 of this regulation, and the COMS results, whichever is/are applicable) and any information available to the Department needed to determine whether proper operation and maintenance practices are being used.
Pursuant to Section 112(i)(5) of the Act, if the owner or operator of an existing source demonstrates that the source has achieved a reduction in emissions of hazardous air pollutants in accordance with the provisions of Subpart D of 40 CFR Part 63, the Department will grant the owner or operator an extension of compliance with specific requirements of 40 CFR Part 63 or this regulation, as specified in Subpart D.
Pursuant to Section 112(i)(6) of the Act, if the owner or operator of an existing source has installed best available control technology (BACT) (as defined in Section 169(3) of the Act) or technology required to meet a lowest achievable emission rate (LAER) (as defined in Section 171 of the Act) prior to the promulgation of an emission standard in 40 CFR Part 63 applicable to such source and the same pollutant (or stream of pollutants) controlled pursuant to the BACT or LAER installation, the Department will grant the owner or operator an extension of compliance with such emission standard that will apply until the date five years after the date on which such installation was achieved, as determined by the Department.
The requirements for requests for an extension of compliance with a relevant standard under 40 CFR Part 63 or this regulation are provided in 3.6.9.4 through 3.6.9.7 of this regulation (except requests for an extension of compliance under 3.6.9.2.1 of this regulation will be handled through procedures specified in Subpart D of 40 CFR Part 63).
The provisions for approval of an extension of compliance requested under 3.6.9.4 through 3.6.9.6 of this regulation are provided in 3.6.9.9 through 3.6.9.14 of this regulation.
The President may exempt any stationary source from compliance with any relevant standard established pursuant to Section 112 of the Act for a period of not more than two years if the President determines that the technology to implement such standard is not available and that it is in the national security interests of the United States to do so. An exemption under 3.6.10 of this regulation may be extended for one or more additional periods, each period not to exceed two years.
Before conducting a required performance test, the owner or operator of an affected source shall develop and, if requested by the Department, shall submit a site-specific test plan to the Department for approval. The test plan shall include a test program summary, the test schedule, data quality objectives, and both an internal and external quality assurance (QA) program. Data quality objectives are the pretest expectations of precision, accuracy, and completeness of data.
The owner or operator shall analyze performance audit (PA) samples during each performance test. The owner or operator shall request performance audit materials 45 days prior to the test date. Audit materials including cylinder audit gases may be obtained by contacting the appropriate EPA Regional Office or the Department.
If required to do performance testing, the owner or operator of each new source and, at the request of the Department, the owner or operator of each existing source, shall provide performance testing facilities as follows:
Until permission to use a major change or alternative to a test method has been granted by the Administrator or permission to use a minor or intermediate change to a test method has be granted by the Department under 3.7.6.1 of this regulation, the owner or operator of an affected source remains subject to the requirements in 3.7 of this regulation and the relevant standard.
The Department will approve or deny a request for a waiver of a performance test made under 3.7.8.3 of this regulation when it--
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 owner or operator shall notify the Department in writing of the date of the performance evaluation simultaneously with the notification of the performance test date required under 3.7.2 of this regulation or at least 60 days prior to the date the performance evaluation is scheduled to begin if no performance test is required.
Before conducting a required CMS performance evaluation, the owner or operator of an affected source shall develop and submit a site-specific performance evaluation test plan to the Department for approval upon request. The performance evaluation test plan shall include the evaluation program objectives, an evaluation program summary, the performance evaluation schedule, data quality objectives, and both an internal and external QA program. Data quality objectives are the pre-evaluation expectations of precision, accuracy, and completeness of data.
The owner or operator of an affected source shall conduct a performance evaluation of a required CMS during any performance test required under 3.7 of this regulation in accordance with the applicable performance specification as specified in the relevant standard. Notwithstanding the requirement in the previous sentence, if the owner or operator of an affected source elects to submit COMS data for compliance with a relevant opacity emission standard as provided under 3.6.8.7 of this regulation, the owner or operator shall conduct a performance evaluation of the COMS as specified in the relevant standard, before the performance test required under 3.7 of this regulation is conducted in time to submit the results of the performance evaluation as specified in 3.8.5.5.2 of this regulation. If a performance test is not required, or the requirement for a performance test has been waived under 3.7.8 of this regulation, the owner or operator of an affected source shall conduct the performance evaluation not later than 180 days after the appropriate compliance date for the affected source, as specified in 3.7.1 of this regulation, or as otherwise specified in the relevant standard.
Until permission to use a major change or alternative to a monitoring requirement has been granted by the Administrator or permission to use a minor or intermediate change to a monitoring requirement has be granted by the Department under 3.8.6.1 of this regulation, the owner or operator of an affected source remains subject to the requirements in 3.8 of this regulation and the relevant standard.
An owner or operator who wishes to use a change or alternative to a monitoring requirement shall submit an application to the Administrator (with copy to the Department) or to the Department, whichever is applicable, as described in 3.8.6.4.2 of this regulation. The application may be submitted at any time provided that the monitoring requirement is not the performance test method used to demonstrate compliance with a relevant standard or other requirement. If the changed or alternative monitoring requirement will serve as the performance test method that is to be used to demonstrate compliance with a relevant standard, the application shall be submitted at least 60 days before the performance evaluation is scheduled to take place and shall meet the requirements for an alternative test method under 3.7.6 of this regulation.
An alternative to the relative accuracy test for CEMS specified in a relevant standard may be requested as follows:
An alternative to the test method for determining relative accuracy is available for affected sources with emission rates demonstrated to be less than 50% of the relevant standard. The owner or operator of an affected source may petition the Department under 3.8.6.6.2 of this regulation to substitute the relative accuracy test in Section 7 of Performance Specification 2 in Appendix B of 40 CFR Part 60 with the procedures in Section 10 of Performance Specification 2 if the results of a performance test conducted according to the requirements in 3.7 of this regulation, or other tests performed following the criteria in 3.7 of this regulation, demonstrate that the emission rate of the pollutant of interest in the units of the relevant standard is less than 50% of the relevant standard. For affected sources subject to emission limitations expressed as control efficiency levels, the owner or operator may petition the Department to substitute the relative accuracy test with the procedures in Section 10 of Performance Specification 2 if the control device exhaust emission rate is less than 50% of the level needed to meet the control efficiency requirement. The alternative procedures do not apply if the CEMS is used continuously to determine compliance with the relevant standard.
The petition to use an alternative to the relative accuracy test shall include a detailed description of the procedures to be applied, the location and the procedure for conducting the alternative, the concentration or response levels of the alternative relative accuracy materials, and the other equipment checks included in the alternative procedures. The Department will review the petition for completeness and applicability. The Department's determination to approve an alternative will depend on the intended use of the CEMS data and may require specifications more stringent than in Performance Specification 2 in Appendix B of 40 CFR Part 60.
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.
If the owner or operator of an affected source cannot comply with a relevant standard by the applicable compliance date for that source, or if the owner or operator has installed BACT or technology to meet LAER consistent with 3.6.9.5 of this regulation, the owner or operator may submit to the Department a request for an extension of compliance as specified in 3.6.9.4 through 3.6.9.6 of this regulation.
An owner or operator of a new source that is subject to special compliance requirements as specified in 3.6.2.3 and 3.6.2.4 of this regulation shall notify the Department of the owner or operator's compliance obligations not later than the notification dates established in 3.9.2 of this regulation for new sources that are not subject to the special provisions.
The owner or operator of an affected source shall notify the Department in writing of the owner or operator's intention to conduct a performance test at least 60 calendar days before the performance test is scheduled to begin to allow the Department to review and approve the site-specific test plan required under 3.7.3 of this regulation, if requested by the Department, and to have an observer present during the test.
The owner or operator of an affected source shall notify the Department in writing of the anticipated date for conducting the opacity or visible emission observations specified in 3.6.8.5 of this regulation, if such observations are required for the source by a relevant standard. The notification shall be submitted with the notification of the performance test date, as specified in 3.9.5 of this regulation, or if no performance test is required or visibility or other conditions prevent the opacity or visible emission observations from being conducted concurrently with the initial performance test required under 3.7 of this regulation, the owner or operator shall deliver or postmark the notification not less than 30 days before the opacity or visible emission observations are scheduled to take place.
The owner or operator of an affected source required to use a CMS by a relevant standard shall furnish the Department written notification as follows:
Any change in the information already provided under 3.0 of this regulation shall be provided to the Department in writing within 15 calendar days after the change.
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.
In addition to complying with the requirements specified in 3.10.2.1 and 2.10.2.2 of this regulation, the owner or operator of an affected source required to install a CMS by a relevant standard shall maintain records for such source of--
Before a Title V permit has been issued to the owner or operator of an affected source, the owner or operator shall report the results of any performance test under 3.7 of this regulation to the Department. After a Title V permit has been issued to the owner or operator of an affected source, the owner or operator shall report the results of a required performance test to the Department. The owner or operator of an affected source shall report the results of the performance test to the Department before the close of business on the 60th day following the completion of the performance test, unless specified otherwise in a relevant standard or as approved otherwise in writing by the Department. The results of the performance test shall be submitted as part of the notification of compliance status required under 3.9.8 of this regulation.
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.
The owner or operator of an affected source who is required to submit progress reports as a condition of receiving an extension of compliance under 3.6.9 of this regulation shall submit such reports to the Department by the dates specified in the written extension of compliance.
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.
When more than one CEMS is used to measure the emissions from one affected source (e.g., multiple breechings, multiple outlets), the owner or operator shall report the results as required for each CEMS.
Notwithstanding the frequency of reporting requirements specified in 3.10.5.3.1 of this regulation, an owner or operator who is required by a relevant standard to submit excess emissions and continuous monitoring system performance (and summary) reports on a quarterly (or more frequent) basis may reduce the frequency of reporting for that standard to semiannual if the following conditions are met:
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.
As required under 3.10.5.3.7 and 3.10.5.3.8 of this regulation, one summary report shall be submitted for the hazardous air pollutants monitored at each affected source (unless the relevant standard specifies that more than one summary report is required, e.g., one summary report for each hazardous air pollutant monitored). The summary report shall be entitled "Summary Report--Gaseous and Opacity Excess Emission and Continuous Monitoring System Performance" and shall contain the following information:
The owner or operator of an affected source required to use a COMS shall record the monitoring data produced during a performance test required under 3.7 of this regulation and shall furnish the Department a written report of the monitoring results. The report of COMS data shall be submitted simultaneously with the report of the performance test results required in 3.10.4.2 of this regulation.
The applicability of 3.11 of this regulation is set out in 3.1.1.4 of this regulation.
Vmax = (XH2 - K1) * K2 (3-1)
where:
Vmax = Maximum permitted velocity, m/sec.
K1 = Constant, 6.0 volume-percent hydrogen.
K2 = Constant, 3.9 (m/sec)/volume-percent hydrogen.
XH2 = The volume-percent of hydrogen, on a wet basis, as calculated by using the American Society for Testing and Materials (ASTM) Method D1946-77. (Incorporated by reference as specified in 2.14 of this regulation).
Click here to view Image (3-2)
where:
Ht= Net heating value of the sample, MJ/scm; where the net enthalpy per mole of off-gas is based on combustion at 25°C and 760 mm Hg, but the standard temperature for determining the volume corresponding to one mole is 20°C.
K = Constant = 1.740x10-7 (1/ppmv) (g-mole/scm) (MJ/kcal) where the standard temperature for (g-mole/scm) is 20 °C.
Ci = Concentration of sample component i in ppmv on a wet basis, as measured for organics by Method 18 in Appendix A of 40 CFR Part 60 and measured for hydrogen and carbon monoxide by American Society for Testing and Materials (ASTM) D1946-77 or 90 (Reapproved 1994) (incorporated by reference as specified in 3.14 of this regulation).
Hi = Net heat of combustion of sample component i, kcal/g-mole at 25°C and 760 mm Hg. The heats of combustion may be determined using ASTM D2382-76 or 88 or D4809-95 (incorporated by reference as specified in 3.14 of this regulation) if published values are not available or cannot be calculated.
n = Number of sample components.
Log10 (Vmax) = (Ht+ 28.8)/31.7 (3-3)
where:
Vmax= Maximum permitted velocity, m/sec.
28.8 = Constant.
31.7 = Constant.
Ht = The net heating value as determined in 3.11.2.6 of this regulation.
Vmax = 8.71 + 0.708 * Ht (3-4)
where:
Vmax = Maximum permitted velocity, m/sec.
8.71 = Constant.
0.708 = Constant.
Ht = The net heating value as determined in 3.11.2.6.2 of this regulation.
EPA Region III
Director, Air Protection Division
1650 Arch Street
Philadelphia, PA 19103
Delaware Department of Natural Resources and Environmental Control
Program Administrator, Air Quality Management Section
Division of Air and Waste Management
156 S. State Street
Dover, DE 19901
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
The materials listed below are available at the Air and Radiation Docket and Information Center, U.S. EPA, 401 M St., SW., Washington, DC. Additionally, the California South Coast Air Quality Management District materials are available at http://www.aqmd.gov/permit/spraytransferefficiency.html.
7 Del. Admin. Code § 1138-3.0
19 DE Reg. 311 (10/1/2015) (Final)