Oklahoma SIP: OAC 252:100-9-1 to 252:100-9-6: Excess Emission and Malfunction Reporting Requirements
Oklahoma Administrative Code. Title 252. Department of Environmental Quality
Chapter 100. Air Pollution Control (OAC 252:100)
SUBCHAPTER 9. EXCESS EMISSION AND MALFUNCTION REPORTING REQUIREMENTS
As adopted in the Oklahoma Register May 16, 1994 (14 Ok Reg 2031) effective May 26, 1994.
Approved by EPA November 3, 1999 (64 FR 59629) effective January 3, 2000 (OKc48).
252:100-9-1. Purpose, OKc48
252:100-9-2. Definitions, OKc48
252:100-9-3. General requirements, OKc48
252:100-9-4. Maintenance procedures, OKc48
252:100-9-5. Malfunctions and releases, OKc48
252:100-9-6. Excesses resulting from engineering limitations, OKc48
The purpose of this Subchapter is to provide timely and accurate data on excess air emissions in the state.
The following words and terms, when used in this Subchapter, shall have the following meaning, unless the context clearly indicates otherwise:
"Excess emissions" means the emission of air contaminants in excess of an applicable limitation or requirement as specified in the applicable limiting Subchapter.
"Malfunction" means any sudden and unavoidable failure of air pollution control equipment or process equipment to operate in a normal and usual manner. Failures caused entirely or partially by poor maintenance, careless operation or any other preventable upset condition or preventable equipment failure shall not be considered a malfunction.
"Phasing in" means the initial introduction of a piece of process equipment into the particular process.
"Release" means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, dumping, or disposing into the environment of any air contaminant which becomes, or may become, airborne.
"Shutdown" means the cessation of operation of any pollution control equipment process or process equipment other than routine phasing out of process units.
"Startup" means the setting into operation of any air pollution control equipment, process or process equipment for any purpose other than routine phasing in of process units. As used in this Subchapter, the term "phasing in" refers to the initial introduction of a piece of process equipment into the particular process.
252:100-9-3. General reporting requirements
(a) Reporting. All excess emissions shall be reported as provided in this Chapter. The operation of any air pollution source which results in excess emissions caused by malfunction, shutdown, startup or regularly scheduled maintenance is in violation of the applicable air pollution control rule unless the owner or operator of the facility has complied with the notification requirements prescribed in this Subchapter.
(b) Demonstration of cause. The owner or operator of the facility must demonstrate to the satisfaction of the Director of the Air Quality Division, in a timely manner prescribed by 252:100-9-4 and 252:100-9-5, that:
(1) the excess emissions resulted from either malfunction or damage to the air pollution control or process equipment, sudden and unavoidable abnormal operating conditions during startup or shutdown, or scheduled maintenance;
(2) measures, such as the use of off-shift and overtime labor, have been utilized to effect repairs and minimize emissions; and,
(3) excess emissions do not occur with such frequency that negligent, marginal or unsafe operation is indicated.
252:100-9-4. Maintenance procedures
(a) Practicality. When practicable, startup/shutdown of air control equipment for purposes of maintenance shall occur during regularly scheduled process maintenance.
(b) Reporting. When concurrent shutdowns of air pollution and process equipment are not practicable, the operator shall file a report in writing with the Director of the Air Quality Division prior to the proposed startup/shutdown. Such notice shall include:
(1) identification of the specific facilities to be shutdown, including location and permit number, where applicable;
(2) estimated length of time that the air control equipment will be out of service;
(3) nature and quantity of emissions of air pollutants expected to be emitted during shutdown;
(4) reasons why it is impracticable or impossible to schedule air pollution control equipment shutdown to coincide with process maintenance shutdown; and,
(5) any additional information pertinent to the circumstances of the shutdown or additional information which may be required by the Director of the Air Quality Division.
252:100-9-5. Malfunctions and releases
(a) General provisions. In the event of a malfunction of air pollution control or process equipment, or any release which results in excess emissions, the owner or operator of such facility shall notify the Director of the Air Quality Division as soon as practical during normal office hours and no later than the next working day following the malfunction or release.
(b) Notice. As soon as possible thereafter, within ten (10) business days further notice shall be tendered in writing and shall include:
(1) the identity of the excess emissions source or sources;
(2) the magnitude of the excess emissions, expressed in units of the applicable limitation and including the numbers and formulae used to compute the magnitude of emissions;
(3) the time and duration of the excess emissions;
(4) the identity of the equipment involved in the malfunction;
(5) the nature and cause of the excess emissions;
(6) the steps taken to remedy or avert the malfunction;
(7) the steps taken to mitigate the amount of the excess emissions; and,
(8) documentation reflecting the air pollution control equipment was properly serviced and maintained.
252:100-9-6. Excesses resulting from engineering limitations
If, from the application of practical engineering principles, the owner or operator of a facility concludes that the startup or shutdown of air pollution equipment or fluctuating operation of process equipment either will or did result in excess emissions solely as a result of engineering limitations of the equipment, the owner or operator shall notify the Director of the Air Quality Division in writing of such a conclusion.
(1) Notice. Said notice shall contain:
(A) the identity of the excess emissions source or sources;
(B) the magnitude of the excess emissions, expressed in units of the applicable limitations, including the data and calculations used to determine the amount of excess emissions;
(C) the reasons and data upon which the owner or operator bases the conclusion that such excess emissions either will or did occur as a result of engineering limitations in the equipment; and,
(D) any additional information pertinent to the nature of the air pollution or process equipment which may be required by the Director of the Air Quality Division.
(2) Reporting. Thereafter, when excess emissions occur as a result of air pollution or process equipment startup or shutdown, the owner or operator shall file quarterly reports with the Director of the Air Quality Division. Such reports shall include:
(A) the identity of the excess emissions source or sources;
(B) the date(s) of the excess emissions episode(s) including duration of the emission episode(s);
(C) the magnitude of the excess emissions including data and calculations used to compute the magnitude of the emissions; and,
(D) any additional information which may be required by the Director of the Air Quality Division.