7 Del. Admin. Code § 1120-1.0

Current through Register Vol. 28, No. 1, July 1, 2024

Section 1120-1.0 - General Provisions

1.1 Applicability. The provisions of this regulation apply to any person responsible for any stationary sources specified herein the construction, reconstruction or modification of which was commenced after August 17, 1971.

1.2 Notification and Record Keeping

1.2.1 Any person subject to the provisions of this regulation shall furnish the Secretary written notification as follows:

1.2.1.1 A notification of the anticipated date of initial startup of an applicable source not more than 60 days nor less than 30 days prior to such date.

1.2.1.2 A notification of the actual date of initial startup of an applicable source within 15 days after such date.

1.2.1.3 A notification of the date construction or reconstruction of an applicable source is commenced postmarked no later than 30 days after such date. This requirement shall not apply in the case of mass-produced facilities, which are purchased in completed form.

1.2.1.4 A notification of any physical or operational change to an existing facility, which may increase the emission rate of any air pollutant to which a standard applies, unless that change is specifically exempted under an applicable provision. This notice shall be postmarked 60 days or as soon as practicable before the change is commenced and shall include information describing the precise nature of the change, present and proposed emission control systems, productive capacity of the facility before and after the change, and the expected completion date of the change. The Secretary may request additional relevant information subsequent to this notice.

1.2.1.5 A notification of the date upon which demonstration of the continuous monitoring system performances commences. Notification shall be postmarked not less than 30 days prior to such date.

1.2.2 Any owner or operator subject to the provisions of 1.0 of this regulation shall maintain records of the occurrence and duration of any startup, shutdown, or malfunction in the operation of an applicable source; any malfunction of the air pollution control equipment; or any periods during which a continuous monitoring system or monitoring device is inoperative.

1.2.3 Each owner or operator required to install a continuous monitoring system shall submit a written report of excess emissions (as defined in applicable provisions) to the Secretary for every calendar quarter. All quarterly reports shall be postmarked by the 30^th day following the end of each calendar quarter and shall include the following information:

1.2.3.1 The magnitude of excessive emissions, any conversion factor or factors used, and the date and time of commencement and completion of each time period of excess emissions.

1.2.3.2 Specific identification of each period of excess emissions that occurs during startups, shutdowns, and malfunctions of the applicable source. The nature and cause of any malfunction (if known), the corrective action taken or preventative measures adopted.

1.2.4 Any owner or operator subject to the provisions of 1.0 of this regulation shall maintain a file of all measurements including continuous monitoring system, monitoring device, and performance testing measurements; all continuous monitoring system performance evaluations; all continuous monitoring system or monitoring device calibration checks; adjustments and maintenance performed on these systems or devices; and all other information required by 1.0 of this regulation recorded in a permanent form suitable for inspection. The file shall be retained for at least two years following the date of such measurements, maintenance, reports, and records.

1.3 Monitoring Requirements

1.3.1 Unless otherwise approved by the Secretary or specified in applicable provisions, the requirements of 1.0 of this regulation shall apply to all continuous monitoring systems required under applicable provisions of this regulation.

1.3.2 All continuous monitoring systems and monitoring devices shall be installed and operational prior to conducting performance tests under 1.4 of this regulation. Verification of operational status shall, as minimum, consist of the following:

1.3.2.1 Completion of the conditioning period specified by applicable requirements.

1.3.2.2 For monitoring devices referenced in applicable provisions of this regulation, completion of the manufacturer's written requirements or recommendations for checking the operation or calibration of the device.

1.3.3 During any performance tests required under 1.4 of this regulation or within 30 days thereafter and at such other times as may be required by the Secretary, the person responsible for any applicable source shall conduct continuous monitoring system performance evaluations and furnish the Secretary within 60 days thereof a written report of the results of such tests. These continuous monitoring system performance evaluations shall be conducted in accordance with the following specifications and procedures:

1.3.3.1 Continuous monitoring systems for measuring opacity of emissions shall comply with Performance Specification 1.

1.3.3.2 Continuous monitoring systems for measuring nitrogen oxides emissions shall comply with Performance Specification 2.

1.3.3.3 Continuous monitoring systems for measuring sulfur dioxide emissions shall comply with Performance Specification 2.

1.3.3.4 Continuous monitoring systems for measuring the oxygen content or carbon dioxide content of effluent gases shall comply with Performance Specification 3.

1.3.4 Performance specifications of 1.0 of this regulation are synonymous with those set forth in Appendix B, 40 CFR 60, dated July 1, 1982, which are hereby adopted by reference with the word substitution "Secretary" for "Administrator".

1.3.5 Calibration checks and zero and span adjustments and reporting of data on all continuous monitoring equipment shall be in accordance with methods approved by the Department. Such methods shall as a minimum, comply with Subsection 60.13(d) in 40 CFR 60, dated July 1, 1982, which is hereby adopted by reference with the word substitution "Secretary" for "Administrator".

1.3.6 When the effluents from a single applicable source or two or more applicable sources subject to the same emission standards are combined before being released to the atmosphere, the person may, subject to approval by the Secretary install applicable continuous monitoring systems on each effluent, but otherwise shall install such systems on the combined effluent. When the applicable sources are not subject to the same emission standards, separate continuous monitoring systems shall be installed on each effluent. When the effluent from one applicable source is released to the atmosphere through more than one point, the person shall install applicable continuous monitoring systems on each separate effluent unless the installation of fewer systems is approved by the Secretary.

1.3.7

1.3.7.1 An owner or operator who, prior to September 11, 1974, entered into a binding contractual obligation to purchase specific continuous monitoring system components except as referenced by 1.3.7.1.3 of this regulation shall comply with the following requirements:

1.3.7.1.1 Continuous monitoring systems for measuring opacity of emissions shall be capable of measuring emission levels within +/- 20% with a confidence level of 95%.

1.3.7.1.2 Continuous monitoring systems for measurement of nitrogen oxides or sulfur dioxide shall be capable of measuring emission levels within +/- 20% with a confidence level of 95%.

1.3.7.1.3 Owners or operators of all continuous monitoring systems installed on an applicable source prior to October 6, 1975, are not required to conduct tests under 1.3.7.1.1 or 1.3.7.1.2 of this regulation unless requested by the Secretary.

1.3.7.2 All continuous monitoring systems referenced by 1.3.7.1 of this regulation shall be upgraded or replaced (if necessary) with new continuous monitoring systems, and such improved systems shall be demonstrated to comply with applicable performance specifications under 1.3.3 of this regulation by September 11, 1979.

1.3.8 Except for system breakdowns, repairs, calibration checks, and zero and span adjustments required herein, all continuous monitoring systems shall be in continuous operation and shall meet minimum frequency of operation requirements as follows:

1.3.8.1 All continuous monitoring systems referenced by 1.3.7.1 and 1.3.7.2 of this regulation for measuring opacity of emissions shall complete a minimum of one cycle of operation (sampling, analyzing and data recording) for each successive 10 second period.

1.3.8.2 All continuous monitoring systems referenced by 1.3.7.1 of this regulation for measuring oxides of nitrogen, sulfur dioxide, carbon dioxide, or oxygen shall complete a minimum of one cycle of operation (sampling, analyzing, and data recording) for each successive 15-minute period.

1.3.8.3 All continuous monitoring systems referenced by 1.3.7.2 of this regulation, except opacity shall complete a minimum of one cycle of operation (sampling, analyzing, and data recording) for each successive one-hour period.

1.3.9 All continuous monitoring systems or monitoring devices shall be installed such that representative measurements of emissions or process parameters from the applicable source are obtained. Additional procedures for location of continuous monitoring systems contained in the applicable Performance Specifications of this regulation shall be used.

1.3.10 Owners or operators of all continuous monitoring systems for measuring opacity shall reduce all data to 15-second averages. Consecutive 15-second averages, each less than the applicable standard may be recorded cumulatively. The 15-second averages in excess of the applicable standard shall be recorded for the time of occurrence. Any such averages in excess of the applicable standard shall be reported to the Department as excess emissions.

1.3.11 For systems other than opacity, one-hour averages shall be computed from four or more data points, equally spaced over each one-hour period. Data recorded during periods of system breakdown, repairs, calibration checks, and zero and span adjustments shall not be included in the data averages computed under 1.0 of this regulation. An arithmetic or integrated average of all data may be used. The data output of all continuous monitoring systems may be recorded in reduced or nonreduced form (e.g., ppm pollutant and percent O₂ or lb/million BTU of pollutant). All excess emissions shall be converted into units of standard using the applicable conversion procedures specified in applicable provisions of this regulation. After conversion into units of the standard, the data may be rounded to the same number of significant digits used in applicable provisions of this regulation to specify the applicable standard (e.g., rounded to the nearest 1% opacity).

1.3.12 Upon written application by an owner or operator, the Secretary may approve alternatives to any monitoring procedures or requirements of 1.0 of this regulation including, but not limited to the following:

1.3.12.1 Alternative monitoring requirements when installation of continuous monitoring system or monitoring devices specified by 1.0 of this regulation would not provide accurate measurements due to liquid water or other substances interfering with the effluent gases.

1.3.12.2 Alternative monitoring requirements when the applicable source is infrequently operated.

1.3.12.3 Alternative monitoring requirements to accommodate continuous monitoring systems that require additional measurements to correct for stack moisture conditions.

1.3.12.4 Alternative locations for installing continuous monitoring systems or monitoring devices when the owner or operator can demonstrate that installation at alternative locations will enable accurate and representative measurements.

1.3.12.5 Alternative methods of converting pollutant concentration measurements to units of the standards.

1.3.12.6 Alternative procedures for performing daily checks of zero and span drift that do not involve use of span gases or test cells.

1.3.12.7 Alternative to the A.S.T.M. test methods or sampling procedures specified by any provision of this regulation.

1.3.12.8 Alternative continuous monitoring systems that do not meet the design or performance requirements in Performance Specification 1, but adequately demonstrate a definite and consistent relationship between its measurements and the measurements of opacity by a system complying with the requirements in Performance Specification 1. The Secretary may require that such demonstration be performed by each applicable source.

1.3.12.9 Alternative monitoring requirements when the effluent from a single applicable source or the combined effluent from two or more applicable sources are released to the atmosphere through more than one point.

1.4 Performance Tests

1.4.1 Within 60 days after achieving the maximum production rate at which the applicable source will be operated, but not later than 180 days after initial startup of such facility and at such other times as may be required by the Secretary, the person responsible for such source shall conduct performance test or tests and furnish the Secretary a written report of the results of such performance test or tests. The Department may conduct or contract for the conduct of a performance test whenever it concludes that such test is necessary to determine compliance.

1.4.2 Performance tests shall be conducted and data reduced in accordance with the test methods and procedures contained in each applicable provision unless the Secretary (1) specifies or approves, in specific cases, the use of a reference method with minor changes in methodology, (2) approves the use of an equivalent method, (3) approves the use of an alternative method the results of which he has determined to be adequate for indicating whether a specific source is in compliance, or (4) waives the requirement for performance tests because the owner or operator of a source has demonstrated by other means to the Secretary's satisfaction that the applicable source is in compliance with the standard.

1.4.3 Performance tests shall be conducted on representative performance of the applicable source. The Secretary may specify additional operating conditions to be tested. The person responsible for the applicable source shall make available to the Department a record of those operating parameters, which the Secretary determines appropriate to establish representative performance of the source. Operations during period of startup, shutdown, and malfunction shall not constitute representative conditions of performance tests unless otherwise specified in the applicable standard. The person responsible for an applicable source shall provide the Secretary 30 days prior notice of the performance test to afford the Secretary the opportunity to have an observer present.

1.4.4 The person responsible for an applicable source shall provide or cause to be provided, performance testing facilities as follows:

1.4.4.1 Sampling ports adequate for test methods applicable to such facility.

1.4.4.2 Safe sampling platform or platforms.

1.4.4.3 Safe access to sampling platform or platforms.

1.4.4.4 Utilities for sampling and testing equipment.

1.4.5 Each performance test shall consist of three separate runs using the applicable test method. Each run shall be conducted for the time and under the conditions specified in the applicable standards. For the purpose of determining compliance, the arithmetic mean of results of the three runs shall apply.

1.5 Compliance with Standard and Maintenance Requirements

1.5.1 Compliance with standards in the regulation, other than opacity standards, shall be determined only by performance test established by 1.4 of this regulation.

1.5.2 Compliance with standards in this regulation shall be determined by Reference Methods 1 through 12 and 15 through 25 set forth in Appendix A, 40 CFR Part 60, revised July 1, 1982, which are hereby adopted by reference. Where the person responsible for the applicable source can provide evidence acceptable to the Secretary that the presence of uncombined water is the only reason for failure to meet the opacity standard such failure shall not be a violation of the standard.

1.5.3 Compliance with opacity standards in this regulation shall be determined by conducting observations at consecutive 15-second intervals for a period of not less than one hour except that the observations may be discontinued whenever a violation of the applicable standard is recorded. The results of continuous monitoring by transmissometer which indicate that the opacity at the time visual observations were made was not in excess of the standard are probative but not conclusive evidence of the actual opacity of an emission, provided that the source shall meet the burden of proving that the instrument used meets, at the time of the alleged violation, Performance Specification 1, has been properly maintained and calibrated and that the resulting data have not been tampered with in any way.

The additional procedures, qualifications and testing to be used for visually determining the opacity of emissions shall be those specified in Section 2 and 3 (except for Section 2.5 and the second sentence of Section 2.4) of Reference Method 9 set forth in Appendix A, 40 CFR Part 60, revised July 1, 1982, which are hereby adopted by reference.

1.5.4 The opacity standards set forth in this regulation shall apply at all times including periods of startup and shutdown unless the emissions during startup and shutdown are governed by an operation permit.

1.5.5 At all times, including periods of startup, shutdown, and malfunction, owners and operators shall, to the extent practicable, maintain and operate any applicable source including associated air pollution control equipment in a manner consistent with good air pollution control practice for minimizing emissions. Determination of whether acceptable operating and maintenance procedures are being used will be based on information available to the Secretary which may include, but is not limited to, monitoring results, opacity observations, review of operating and maintenance procedures, and inspection of the source.

1.6 Circumvention. No owner or operator subject to the provisions of 1.0 of this regulation shall build, erect, install, or use any article, machine, equipment or process, the use of which conceals an emission, which would otherwise constitute a violation of an applicable standard. Such concealment includes, but is not limited to, the use of gaseous dilutants to achieve compliance with an opacity standard or with a standard, which is based on the concentration of a pollutant in the gases discharged to the atmosphere.

1.7 General Control Device Requirements. The provisions of Subpart A - General Provisions, Subsection 60.18 of Part 60, Title 40 of the Code of Federal Regulations, July 1, 1986 are hereby adopted by reference with the following changes:

1.7.1 The words "Act" and "Subpart A" are replaced by the words 7 DE Admin. Code 1101, DEFINITIONS AND ADMINISTRATIVE PRINCIPLES of the State of Delaware Regulations Governing the Control of Air Pollution."

1.7.2 Any subsections, from Title 40 of the Code of Federal Regulations, which are referenced in the text of the preceding adoption, are also adopted as part of this regulation.

04/18/1983

7 Del. Admin. Code § 1120-1.0