(a) Definitions.
For purposes of this section:
"Act"
means the Clean Air
Act, as amended by Pub.L.
101-549,
42 U.S.C.
7401, et seq.
"Applicable requirement"
means all of the following as they apply to emissions units at a source
subject to this section (including requirements with future effective
compliance dates that have been promulgated or approved by the EPA or the State
through rulemaking at the time of issuance of the operating permit):
(i) Any standard or other requirement
provided for in the Wyoming Implementation Plan approved or promulgated by the
EPA under Title I of the Act that implements the relevant requirements of the
Act, including any revisions to the plan promulgated in 40 CFR part
52;
(ii) Any standards or
requirements in the WAQSR which are not a part of the approved Wyoming
Implementation Plan and are not federally enforceable;
(iii) Any term or condition of any
preconstruction permits issued pursuant to regulations approved or promulgated
through rulemaking under Title I, including parts C or D of the Act and
including Chapter 5, Section 2 and Chapter 6, Sections 2 and 4 of the
WAQSR;
(iv) Any standard or other
requirement promulgated under section 111 of the Act, including section 111(d)
and Chapter 5, Section 2 of the WAQSR;
(v) Any standard or other requirement under
section 112 of the Act, including any requirement concerning accident
prevention under section 112(r)(7) of the Act and including any regulations
promulgated by the EPA and the State pursuant to section 112 of the
Act;
(vi) Any standard or other
requirement of the acid rain program under Title IV of the Act or the
regulations promulgated thereunder;
(vii) Any requirements established pursuant
to section 504(b) or section 114(a)(3) of the Act concerning enhanced
monitoring and compliance certifications;
(viii) Any standard or other requirement
governing solid waste incineration, under section 129 of the Act;
(ix) Any standard or other requirement for
consumer and commercial products, under section 183(e) of the Act (having to do
with the release of volatile organic compounds under ozone control
requirements);
(x) Any standard or
other requirement of the regulations promulgated to protect stratospheric ozone
under Title VI of the Act, unless the EPA has determined that such requirements
need not be contained in a Title V permit;
(xi) Any national ambient air quality
standard or increment or visibility requirement under part C of Title I of the
Act, but only as it would apply to temporary sources permitted pursuant to
section 504(e) of the Act; and
(xii) Any state ambient air quality standard
or increment or visibility requirement of the WAQSR.
(xiii) Nothing under Chapter 6, Section
3(b)(v) shall be construed as affecting the allowance program and Phase II
compliance schedule under the acid rain provision of Title IV of the
Act.
"Capture system"
means the
equipment (including but not limited to hoods, ducts, fans, and booths) used to
contain, capture and transport a pollutant to a control device.
"Continuous compliance determination method"
means a method, specified by the applicable standard or an
applicable permit condition, which:
(i) Is used to determine compliance with an
emission limitation or standard on a continuous basis, consistent with the
averaging period established for the emission limitation or standard;
and
(ii) Provides data either in
units of the standard or correlated directly with the compliance unit.
"Control device"
means
equipment, other than inherent process equipment, that is used to destroy or
remove air pollutant(s) prior to discharge to the atmosphere. The types of
equipment that may commonly be used as control devices include, but are not
limited to, fabric filters, mechanical collectors, electrostatic precipitators,
inertial separators, afterburners, thermal or catalytic incinerators,
adsorption devices (such as carbon beds), condensers, scrubbers (such as wet
collection and gas absorption devices), selective catalytic or non-catalytic
reduction systems, flue gas recirculation systems, spray dryers, spray towers,
mist eliminators, acid plants, sulfur recovery plants, injection systems (such
as water, steam, ammonia, sorbent or limestone injection), and combustion
devices independent of the particular process being conducted at an emissions
unit (e.g., the destruction of emissions achieved by venting process emission
streams to flares, boilers or process heaters). For purposes of this part, a
control device does not include passive control measures that act to prevent
pollutants from forming, such as the use of seals, lids, or roofs to prevent
the release of pollutants, use of low-polluting fuel or feedstocks, or the use
of combustion or other process design features or characteristics. If an
applicable requirement establishes that particular equipment which otherwise
meets this definition of a control device does not constitute a control device
as applied to a particular pollutant-specific emissions unit, then that
definition shall be binding for purposes of this part.
"Data"
means the results of
any type of monitoring or method, including the results of instrumental or
non-instrumental monitoring, emission calculations, manual sampling procedures,
recordkeeping procedures, or any other form of information collection procedure
used in connection with any type of monitoring or method.
"Emission limitation or standard"
means any applicable requirement that constitutes an emission
limitation, emission standard, standard of performance or means of emission
limitation as defined under the Act. An emission limitation or standard may be
expressed in terms of the pollutant, expressed either as a specific quantity,
rate or concentration of emissions (e.g., pounds of SO2
per hour, pounds of SO2 per million British thermal
units of fuel input, kilograms of VOC per liter of applied coating solids, or
parts per million by volume of SO2) or as the
relationship of uncontrolled to controlled emissions (e.g., percentage capture
and destruction efficiency of VOC or percentage reduction of
SO2). An emission limitation or standard may also be
expressed either as a work practice, process or control device parameter, or
other form of specific design, equipment, operational, or operation and
maintenance requirement. For purposes of this part, an emission limitation or
standard shall not include general operation requirements that an owner or
operator may be required to meet, such as requirements to obtain a permit, to
operate and maintain sources in accordance with good air pollution control
practices, to develop and maintain a malfunction abatement plan, to keep
records, submit reports, or conduct monitoring.
"Emissions unit"
means any
part or activity of a stationary source that emits or has the potential to emit
any regulated air pollutant or any pollutant listed under section 112(b) of the
Act. This term is not meant to alter or affect the definition of the term
"unit" for purposes of Title IV of the Act.
"Exceedance"
shall mean a
condition that is detected by monitoring that provides data in terms of an
emission limitation or standard and that indicates that emissions (or opacity)
are greater than the applicable emission limitation or standard (or less than
the applicable standard in the case of a percent reduction requirement)
consistent with any averaging period specified for averaging the results of the
monitoring.
"Excursion"
shall mean a
departure from an indicator range established for monitoring under this part,
consistent with any averaging period specified for averaging the results of the
monitoring.
"Greenhouse gases (GHGs)"
means the air pollutant defined as the aggregate group of six greenhouse
gases: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons,
perfluorocarbons, and sulfur hexafluoride.
"Inherent process equipment"
means equipment that is necessary for the proper or safe functioning of
the process, or material recovery equipment that the owner or operator
documents is installed and operated primarily for purposes other than
compliance with air pollution regulations. Equipment that must be operated at
an efficiency higher than that achieved during normal process operations in
order to comply with the applicable emission limitation or standard is not
inherent process equipment. For the purposes of this part, inherent process
equipment is not considered a control device.
"Major source"
means any
stationary source (or any group of stationary sources that are located on one
or more contiguous or adjacent properties, and are under common control of the
same person or persons under common control) belonging to a single major
industrial grouping and that is described in paragraphs (i), (ii), or (iii) of
this definition. For the purpose of defining "major source", a stationary
source or group of stationary sources shall be considered part of a single
industrial grouping if all of the pollutant emitting activities at such source
or group of sources on contiguous or adjacent properties belong to the same
Major Group (i.e., all have the same two-digit code) as described in the
Standard Industrial Classification Manual, 1987.
(i) A major source under section 112 of the
Act, which is defined as:
(A) For pollutants
other than radionuclides, 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, in the aggregate, 10 tons per year (tpy) or more of any
hazardous air pollutant which has been listed pursuant to section 112(b) of the
Act, 25 tpy or more of any combination of such hazardous air pollutants, or
such lesser quantity as the EPA may establish by rule. Notwithstanding the
preceding sentence, emissions from any oil or gas exploration or production
well (with its associated equipment) and emissions from any pipeline compressor
or pump station shall not be aggregated with emissions from other similar
units, whether or not such units are in a contiguous area or under common
control, to determine whether such units or stations are major sources;
or
(B) For radionuclides, "major
source" shall have the meaning specified by the EPA by rule.
(ii) A major stationary source of
air pollutants, as defined in section 302 of the Act, that directly emits or
has the potential to emit, 100 tpy or more of any air pollutant including any
major source of fugitive emissions of any such pollutant, as determined by the
rule by the EPA, except that a source that meets this definition for only GHGs
and no other air pollutant, shall not be required to comply with the provisions
of this section. Emissions of air pollutants regulated solely due to section
112(r) of the Act shall not be considered in determining whether a source is a
"major source" for purposes of Chapter 6, Section 3 applicability. The fugitive
emissions of a stationary source shall not be considered in determining whether
it is a major stationary source unless the source belongs to one of the
following categories of stationary sources:
(A) Stationary sources listed in Chapter 6,
Section 4(a)(i)(a) of the WAQSR; or
(B) Any other stationary source category,
which as of August 7, 1980 is being regulated under section 111 or 112 of the
Act.
(iii) A major
stationary source as defined in part D of Title I of the Act (in reference to
sources located in nonattainment areas).
"Monitoring"
means any form
of collecting data on a routine basis to determine or otherwise assess
compliance with emission limitations or standards. Recordkeeping may be
considered monitoring where such records are used to determine or assess
compliance with an emission limitation or standard (such as records of raw
material content and usage, or records documenting compliance with work
practice requirements). The conduct of compliance method tests, such as the
procedures in 40 CFR part 60, Appendix A, on a routine periodic basis may be
considered monitoring (or as a supplement to other monitoring), provided that
requirements to conduct such tests on a one-time basis or at such times as a
regulatory authority may require on a non-regular basis are not considered
monitoring requirements for purposes of this paragraph. Monitoring may include
one or more than one of the following data collection techniques, where
appropriate for a particular circumstance:
(i) Continuous emission or opacity monitoring
systems;
(ii) Continuous process,
capture system, control device or other relevant parameter monitoring systems
or procedures, including a predictive emission monitoring system;
(iii) Emission estimation and calculation
procedures (e.g., mass balance or stoichiometric calculations);
(iv) Maintenance and analysis of records of
fuel or raw materials usage;
(v)
Recording results of a program or protocol to conduct specific operation and
maintenance procedures;
(vi)
Verification of emissions, process parameters, capture system parameters, or
control device parameters using portable or in situ measurement
devices;
(vii) Visible emission
observations;
(viii) Any other form
of measuring, recording, or verifying on a routine basis emissions, process
parameters, capture system parameters, control device parameters or other
factors relevant to assessing compliance with emission limitations or
standards.
"Operating permit"
means any
permit or group of permits covering a source under Chapter 6, Section 3,
Operating Permits that is issued, renewed, amended, or revised pursuant to
Chapter 6, Section 3.
"Operating permit application"
shall mean an application (including any supplement to a previously
submitted application) that is submitted by the owner or operator in order to
obtain a Chapter 6, Section 3, operating permit.
"Owner or operator"
means
any person who owns, leases, operates, controls or supervises a stationary
source subject to this part.
"Pollutant-specific emissions unit"
means an emissions unit considered separately with respect to each
regulated air pollutant.
"Potential to emit"
means
the maximum capacity of a stationary source to emit any air pollutant under its
physical and operational design. Any physical or operational limitation on the
capacity of a source to emit an air 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 is enforceable by the EPA and the Division. This term does
not alter or affect the use of this term for any other purposes under the Act,
or the term "capacity factor" as used in Title IV of the Act or the regulations
promulgated thereunder.
"Predictive emission monitoring system
(PEMS)"
means a system that uses process and other parameters
as inputs to a computer program or other data reduction system to produce
values in terms of the applicable emission limitation or standard.
"Regulated air pollutant"
means the following:
(i)
Nitrogen oxides (NOx) or any volatile organic compound;
(ii) Any pollutant for which a national
ambient air quality standard has been promulgated;
(iii) Any pollutant that is subject to any
standard established in Chapter 5, Section 2 of the WAQSR or section 111 of the
Act;
(iv) Any Class I or II
substance subject to a standard promulgated under or established by Title VI of
the Act; or
(v) Any pollutant
subject to a standard promulgated under section 112 or other requirements
established under section 112 of the Act, including sections 112(g), (j), and
(r) of the Act, including the following:
(A)
Any pollutant subject to requirements under section 112(j) of the Act. If the
EPA fails to promulgate a standard by the date established pursuant to section
112(e) of the Act, any pollutant for which a subject source would be major
shall be considered to be regulated on the date 18 months after the applicable
date established pursuant to section 112(e) of the Act; and
(B) Any pollutant for which the requirements
of section 112(g)(2) of the Act have been met, but only with respect to the
individual source subject to section 112(g)(2) requirement.
(vi) Pollutants regulated solely
under section 112(r) of the Act are to be regulated only with respect to the
requirements of section 112(r) for permits issued under Chapter 6, Section 3,
Operating Permits.
(d) Submittal Requirements.
(i) The owner or operator shall submit to the
Division monitoring that satisfies the design requirements in Chapter 7,
Section 3(c). The submission shall include the following information:
(A) The indicators to be monitored to satisfy
Chapter 7, Section 3(c)(i)(A)-(B);
(B) The ranges or designated conditions for
such indicators, or the process by which such indicator ranges or designated
conditions shall be established;
(C) The performance criteria for the
monitoring to satisfy Chapter 7, Section 3(c)(ii); and
(D) If applicable, the indicator ranges and
performance criteria for a CEMS, COMS or PEMS pursuant to Chapter 7, Section
3(c)(iv).
(ii) As part
of the information submitted, the owner or operator shall submit a
justification for the proposed elements of the monitoring. If the performance
specifications proposed to satisfy Chapter 7, Section 3(c)(ii)(B) or (C)
include differences from manufacturer recommendations, the owner or operator
shall explain the reasons for the differences between the requirements proposed
by the owner or operator and the manufacturer's recommendations or
requirements. The owner or operator also shall submit any data supporting the
justification, and may refer to generally available sources of information used
to support the justification (such as generally available air pollution
engineering manuals, or EPA publications on appropriate monitoring for various
types of control devices or capture systems). To justify the appropriateness of
the monitoring elements proposed, the owner or operator may rely in part on
existing applicable requirements that establish the monitoring for the
applicable pollutant-specific emissions unit or a similar unit. If an owner or
operator relies on presumptively acceptable monitoring, no further
justification for the appropriateness of that monitoring should be necessary
other than an explanation of the applicability of such monitoring to the unit
in question, unless data or information is brought forward to rebut the
assumption. Presumptively acceptable monitoring includes:
(A) Presumptively acceptable or required
monitoring approaches, established by the Division in a rule that constitutes
part of the applicable implementation plan required pursuant to Title I of the
Act, that are designed to achieve compliance with this section for particular
pollutant-specific emissions units;
(B) Continuous emission, opacity or
predictive emission monitoring systems that satisfy applicable monitoring
requirements and performance specifications as specified in Chapter 7, Section
3(c)(iv);
(C) Excepted or
alternative monitoring methods allowed or approved pursuant to Chapter 11,
Section 2(b), Acid Rain, Continuous Emission Monitoring;
(D) Monitoring included for standards exempt
from this section pursuant to Chapter 7, Section 3(b)(ii)(A)(I) or (VI) to the
extent such monitoring is
applicable to the performance of the control device (and
associated capture system) for the pollutant-specific emissions unit;
and
(E) Presumptively
acceptable monitoring identified in guidance by EPA. Such guidance will address
the requirements under Chapter 7, Section 3(d)(i), (ii) and (iii) to the extent
practicable.
(iii)
(A) Except as provided in Chapter 7, Section
3(d)(iv), the owner or operator shall submit control device (and process and
capture system, if applicable) operating parameter data obtained during the
conduct of the applicable compliance or performance test conducted under
conditions specified by the applicable rule. If the applicable rule does not
specify testing conditions or only partially specifies test conditions, the
performance test generally shall be conducted under conditions representative
of maximum emissions potential under anticipated operating conditions at the
pollutant-specific emissions unit. Such data may be supplemented, if desired,
by engineering assessments and manufacturer's recommendations to justify the
indicator ranges (or, if applicable, the procedures for establishing such
indicator ranges). Emission testing is not required to be conducted over the
entire indicator range or range of potential emissions.
(B) The owner or operator must document that
no changes to the pollutant-specific emissions unit, including the control
device and capture system, have taken place that could result in a significant
change in the control system performance or the selected ranges or designated
conditions for the indicators to be monitored since the performance or
compliance tests were conducted.
(iv) If existing data from unit-specific
compliance or performance testing specified in Chapter 7, Section 3(d)(iii) are
not available, the owner or operator:
(A)
Shall submit a test plan and schedule for obtaining such data in accordance
with Chapter 7, Section 3(d)(v); or
(B) May submit indicator ranges (or
procedures for establishing indicator ranges) that rely on engineering
assessments and other data, provided that the owner or operator demonstrates
that factors specific to the type of monitoring, control device, or
pollutant-specific emissions unit make compliance or performance testing
unnecessary to establish indicator ranges at levels that satisfy the criteria
in Chapter 7, Section 3(c)(i).
(v) If the monitoring submitted by the owner
or operator requires installation, testing, or other necessary activities prior
to use of the monitoring for purposes of this part, the owner or operator shall
include an implementation plan and schedule for installing, testing and
performing any other appropriate activities prior to use of the monitoring. The
implementation plan and schedule shall provide for use of the monitoring as
expeditiously as practicable after approval of the monitoring in the Chapter 6,
Section 3 operating permit pursuant to Chapter 7, Section 3(f), but in no case
shall the schedule for completing installation and beginning operation of the
monitoring exceed 180 days after approval of the permit.
(vi) If a control device is common to more
than one pollutant-specific emissions unit, the owner or operator may submit
monitoring for the control device and identify the pollutant-specific emissions
units affected and any process or associated capture device conditions that
must be maintained or monitored in accordance with Chapter 7, Section 3(c)(i)
rather than submit separate monitoring for each pollutant-specific emissions
unit.
(vii) If a single
pollutant-specific emissions unit is controlled by more than one control device
similar in design and operation, the owner or operator may submit monitoring
that applies to all the control devices and identify the control devices
affected and any process or associated capture device conditions that must be
maintained or monitored in accordance with Chapter 7, Section 3(c)(i) rather
than submit a separate description of monitoring for each control
device.
(f) Approval of Monitoring.
(i) Based on an application that includes the
information submitted in accordance with Chapter 7, Section 3(e), the Division
shall act to approve the monitoring submitted by the owner or operator by
confirming that the monitoring satisfies the requirements in Chapter 7, Section
3(c).
(ii) In approving monitoring
under this section, the Division may condition the approval on the owner or
operator collecting additional data on the indicators to be monitored for a
pollutant-specific emissions unit, including required compliance or performance
testing, to confirm the ability of the monitoring to provide data that are
sufficient to satisfy the requirements of this part and to confirm the
appropriateness of an indicator range(s) or designated condition(s) proposed to
satisfy Chapter 7, Section 3(c)(i)(B) and (C) and consistent with the schedule
in Chapter 7, Section 3(d)(v).
(iii) If the Division approves the proposed
monitoring, the Division shall establish one or more permit terms or conditions
that specify the required monitoring in accordance with Chapter 6, Section
3(h)(i)(C)(I). At a minimum, the permit shall specify:
(A) The approved monitoring approach that
includes all of the following:
(I) The
indicator(s) to be monitored (such as temperature, pressure drop, emissions, or
similar parameter);
(II) The means
or device to be used to measure the indicator(s) (such as temperature
measurement device, visual observation, or CEMS); and
(III) The performance requirements
established to satisfy Chapter 7, Section 3(c)(ii) or (iv), as
applicable.
(B) The
means by which the owner or operator will define an exceedance or excursion for
purposes of responding to and reporting exceedances or excursions under Chapter
7, Section 3(g) and (h). The permit shall specify the level at which an
excursion or exceedance will be deemed to occur, including the appropriate
averaging period associated with such exceedance or excursion. For defining an
excursion from an indicator range or designated condition, the permit may
either include the specific value(s) or condition(s) at which an excursion
shall occur, or the specific procedures that will be used to establish that
value or condition. If the latter, the permit shall specify appropriate notice
procedures for the owner or operator to notify the Division upon any
establishment or reestablishment of the value.
(C) The obligation to conduct the monitoring
and fulfill the other obligations specified in Chapter 7, Section 3(g) through
(i).
(D) If appropriate, a minimum
data availability requirement for valid data collection for each averaging
period, and, if appropriate, a minimum data availability requirement for the
averaging periods in a reporting period.
(iv) If the monitoring proposed by the owner
or operator requires installation, testing or final verification of operational
status, the Chapter 6, Section 3 operating permit shall include an enforceable
schedule with appropriate milestones for completing such installation, testing,
or final verification consistent with the requirements in Chapter 7, Section
3(d)(v).
(v) If the Division
disapproves the proposed monitoring, the following applies:
(A) The draft or final permit shall include,
at a minimum, monitoring that satisfies the requirements of Chapter 6, Section
3(h)(i)(C)(I) (2.);
(B) The
Division shall include in the draft or final permit a compliance schedule for
the source owner to submit monitoring that satisfies Chapter 7, Section 3(c)
and (d), but in no case shall the owner or operator submit revised monitoring
more than 180 days from the date of issuance of the Chapter 6, Section 3
operating permit; and
(C) If the
source owner or operator does not submit the monitoring in accordance with the
compliance schedule as required in Chapter 7, Section 3(f)(v)(B) or if the
Division disapproves the monitoring submitted, the source owner or operator
shall be deemed not in compliance with Chapter 7, Section 3, unless the source
owner or operator successfully challenges the disapproval.
(g) Operation of Approved
Monitoring.
(i) Commencement of Operation.
The owner or operator shall conduct the monitoring required under this part
upon issuance of a Chapter 6, Section 3 operating permit that includes such
monitoring, or by such later date specified in the permit pursuant to Chapter
7, Section 3(f)(v).
(ii) Proper
Maintenance. At all times, the owner or operator shall maintain the monitoring,
including but not limited to, maintaining necessary parts for routine repairs
of the monitoring equipment.
(iii)
Continued Operation. Except for, as applicable, monitoring malfunctions,
associated repairs, and required quality assurance or control activities
(including, as applicable, calibration checks and required zero and span
adjustments), the owner or operator shall conduct all monitoring in continuous
operation (or shall collect data at all required intervals) at all times that
the pollutant-specific emissions unit is operating. Data recorded during
monitoring malfunctions, associated repairs, and required quality assurance or
control activities shall not be used for purposes of this part, including data
averages and calculations, or fulfilling a minimum data availability
requirement, if applicable. The owner or operator shall use all the data
collected during all other periods in assessing the operation of the control
device and associated control system. A monitoring malfunction is any sudden,
infrequent, not reasonably preventable failure of the monitoring to provide
valid data. Monitoring failures that are caused in part by poor maintenance or
careless operation are not malfunctions.
(iv) Response to Excursions or Exceedances.
(A) Upon detecting an excursion or
exceedance, the owner or operator shall restore operation of the
pollutant-specific emissions unit (including the control device and associated
capture system) to its normal or usual manner of operation as expeditiously as
practicable in accordance with good air pollution control practices for
minimizing emissions. The response shall include minimizing the period of any
startup, shutdown or malfunction and taking any necessary corrective actions to
restore normal operation and prevent the likely recurrence of the cause of an
excursion or exceedance (other than those caused by excused startup or shutdown
conditions). Such actions may include initial inspection and evaluation,
recording that operations returned to normal without operator action (such as
through response by a computerized distribution control system), or any
necessary follow-up actions to return operation to within the indicator range,
designated condition, or below the applicable emission limitation or standard,
as applicable.
(B) Determination of
whether the owner or operator has used acceptable procedures in response to an
excursion or exceedance will be based on information available, which may
include but is not limited to, monitoring results, review of operation and
maintenance procedures and records, and inspection of the control device,
associated capture system, and the process.
(v) Documentation of Need for Improved
Monitoring. After approval of monitoring under this part, if the owner or
operator identifies a failure to achieve compliance with an emission limitation
or standard for which the approved monitoring did not provide an indication of
an excursion or exceedance while providing valid data, or the results of
compliance or performance testing document a need to modify the existing
indicator ranges or designated conditions, the owner or operator shall promptly
notify the Division and, if necessary, submit a proposed modification to the
Chapter 6, Section 3 operating permit to address the necessary monitoring
changes. Such a modification may include, but is not limited to, reestablishing
indicator ranges or designated conditions, modifying the frequency of
conducting monitoring and collecting data, or the monitoring of additional
parameters.
