In this edition of ALL4's 4 The Record newsletter, The Reality and Implications of SSM and NESHAPs, Roy R., Eric S., and Mark W. discuss the recent changes to the National Emission Standards for Hazardous Air Pollutants (NESHAP) rule and how that applies to facilities. The article takes you through what NESHAPs means for compliance during operational periods outside of normal operations, especially focusing on periods of startup, shutdown, and malfunction.
ALL4’s project experience often involves industrial clients that are subject to one (1) or more of the National Emission Standards for Hazardous Air Pollutants (NESHAPs) for source categories (40 CFR Part 63). NESHAPs regulate emissions of hazardous air pollutants (HAPs) either directly or through the use of a surrogate pollutant (e.g., carbon monoxide in lieu of regulating a vast number of organic HAPs that can be emitted from a combustion process). NESHAP-affected facilities must comply with a given numerical emission standard for the HAPs regulated by the applicable Part 63 subpart – no surprise there. However, determining the applicability of the numerical limits during atypical operating modes has been a complicated issue since the inception of NESHAP standards in the early 1990s. In this article, ALL4 looks at how the NESHAPs have presented an ever-evolving challenge that has raised serious questions about the compliance obligations of an affected facility. Specifically, this article addresses not what applies during “normal” operations, because that is typically well understood and black or white. Rather, we address what recent changes to the NESHAPs mean for compliance during operational periods outside of normal operations, namely periods of startup, shutdown, and malfunction (SSM).