Current through Register Vol. XLI, No. 50, December 13, 2024
Section 45-2-9 - Start-ups, Shutdowns and Malfunctions9.2. At all times, including periods of start-ups, shutdowns and malfunctions, owners and operators shall, to the extent practicable, maintain and operate any fuel burning unit(s) 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, visible emission observations, review of operating and maintenance procedures and inspection of the source.9.3. The owner or operator of a fuel burning unit(s) subject to this rule shall report to the Secretary any malfunction of such unit or its air pollution control equipment which results in any excess particulate matter emission rate or excess opacity (i.e., emissions exceeding the standards in section 3 and 4 as provided in one of the following subdivisions: 9.3.1. Excess opacity periods meeting the following conditions may be reported on a quarterly basis unless otherwise required by the Secretary:9.3.1.a. The excess opacity period does not exceed 30 minutes within any 24-hour period; and9.3.1.b. Excess opacity does not exceed 40%.9.3.2. The owner or operator shall report to the Secretary any malfunction resulting in excess particulate matter or excess opacity, not meeting the criteria set forth in subdivision 9.3.1, by telephone or e-mail by the end of the next business day after becoming aware of such condition. The owner or operator shall file a certified written report concerning the malfunction with the Secretary within 30 days providing the following information: 9.3.2.a. A detailed explanation of the factors involved or causes of the malfunction;9.3.2.b. The date and time of duration (with starting and ending times) of the period of excess emissions;9.3.2.c. An estimate of the mass of excess emissions discharged during the malfunction period;9.3.2.d. The maximum opacity measured or observed during the malfunction;9.3.2.e. Immediate remedial actions taken at the time of the malfunction to correct or mitigate the effects of the malfunction; and9.3.2.f. A detailed explanation of the corrective measures or program that will be implemented to prevent a recurrence of the malfunction and a schedule for such implementation.9.6. Any owner or operator that cannot comply with the emission limitations required by sections 3 or 4 during startup or shutdown shall request an alternative emission limitation pursuant to 45CSR1.