Current through Register Vol. XLI, No. 50, December 13, 2024
Section 45-1-5 - Criteria5.1. The Secretary shall use the following criteria to evaluate any proposed alternative emission limitation requested by the owner or operator in the permit application submitted in accordance with subsection 3.1 of this rule and 45CSR13, 45CSR14 or 45CSR19, as applicable. 5.1.1. An alternative emission limitation shall be limited to a specific emission unit using a specific control strategy (e.g., cogeneration facilities burning natural gas and using selective catalytic reduction).5.1.2. The Secretary shall verify that the applicable emission limit that applies during normal operation of the emission unit is not achievable during periods of startup or shutdown.5.1.3. An alternative emission limitation requires the frequency and duration of operation during periods of startup or shutdown are minimized to the greatest extent practicable.5.1.4. The Secretary shall evaluate the potential worst-case emissions that could occur during periods of startup or shutdown based on the alternative emission limitation.5.1.5. An alternative emission limitation requires all practical steps are taken to minimize the impact of emissions on ambient air quality during periods of startup or shutdown.5.1.6. Practically enforceable monitoring parameters and records are required to ensure compliance with the alternative emission limitation(s).5.2. An alternative emission limitation requires that, at all times, the emission unit is operated in a manner consistent with good practice for minimizing emissions and the owner or operator uses best efforts regarding planning, design, and operating procedures. An alternative emission limitation shall not be a generic requirement, such as a "general duty to minimize emissions" provision or an "exercise good engineering judgement" provision. While such provisions may serve an overarching purpose of encouraging sources to design, maintain, and operate their sources correctly, such generic clauses are not a valid substitute for more specific emission limitations. A general duty clause may be part of a work practice standard but may not be a stand-alone work practice standard.5.3. If the Secretary determines there are multiple owners or operators with emission units within a narrowly defined specific source category that meet the applicability requirements under subsection 1.6, the Secretary shall consider adopting the same consistent alternative emission limitation for all applicable owners or operators within the same narrowly defined source category. A narrowly defined source category would include multiple emission units with similar design, operating characteristics and pollution control strategies.