Provisions for Upsets, Startups, and Shutdowns

Provisions for Upsets, Startups, and Shutdowns. A. Upsets (1) For an upset defined in Rule 1.2, the Commission may pursue an enforcement action for noncompliance with an emission standard or other requirement of an applicable rule, regulation, or permit. In determining whether to pursue enforcement action, and/or the appropriate enforcement action to take, the Commission may consider whether the source has demonstrated through properly signed contemporaneous operating logs or other relevant evidence the following: (a) an upset occurred and that the source can identify the cause(s) of the upset; (b) the source was at the time being properly operated; (c) during the upset the source took all reasonable steps to minimize levels of emissions that exceeded the emission standard or other requirement of an applicable rule, regulation, or permit; (d) that within 5 working days of the time the upset began, the source submitted a written report to the Department describing the upset, the steps taken to mitigate excess emissions or any other noncompliance, and the corrective actions taken and; (e) that as soon as practicable but no later than 24 hours of becoming aware of an upset that caused an immediate adverse impact to human health or the environment beyond the source boundary or caused a general nuisance to the public, the source provided notification to the Department. (2) In any enforcement proceeding by the Commission, the source seeking to establish the occurrence of an upset has the burden of proof. (3) This provision is in addition to any upset provision contained in any applicable requirement. (4) These upset provisions apply only to enforcement actions by the Commission and are not intended to prohibit EPA or third party enforcement actions. B. Startups and Shutdowns (1) Startups and shutdowns are part of normal source operation. Emission limitations apply during startups and shutdowns unless source specific emission limitations or work practice standards for startups and shutdowns are defined by an applicable rule, regulation, or permit. (2) Where the source is unable to comply with existing emission limitations established under the State Implementation Plan (SIP) and defined in this regulation, 11 Mississippi Administrative Code, Part 2, Chapter 1, the Department will consider establishing source specific emission limitations or work practice standards for startups and shutdowns. Source specific emission limitations or work practice standards established for startups and shutdowns are subject to the following requirements: (a) The source must demonstrate that it is technically infeasible, considering its specific control strategy, to comply with existing SIP emission limitations during startups and shutdowns. (b) The Department has analyzed the potential worst-case emissions that could occur during startups and shutdowns based on the established emission limitations or work practice standards for startups and shutdowns. (c) The emission limitations or work practice standards for startups and shutdowns must be specific to the source and its specific control strategy and must include the following requirements: (i) the source must limit the frequency and duration of startups and shutdowns to the greatest extent practicable; (ii) the source must be operated in a manner consistent with best operating practices at all times; (iii) all possible steps are taken to minimize the impact of emissions during startups and shutdowns on ambient air quality; (iv) the source must document all startups and shutdowns using properly signed contemporaneous operating logs or other relevant evidence; (d) Where source specific emission limitations or work practice standards are established as an alternative to existing SIP emission limitations, the emission limitations or work practice standards must be established in a permit defined in 11 Mississippi Administrative Code, Part 2, Chapter 2. Following permit issuance, the emission limitations or work practice standards are considered State-only requirements until they have been adopted into this regulation and approved by the EPA into the SIP. (e) The following source specific emission limitations or work practice standards for startups and shutdowns are established as an alternative to existing SIP emission limitations for air contaminants contained in this regulation that provide protection of the National Ambient Air Quality Standards: (i) (Reserved for source specific emission limits or work practice standards for startups and shutdowns). (3) Where an upset as defined in Rule 1.2 occurs during startup or shutdown, see the upset requirements above.