August 2005 - An important consideration for your MON implementation program is choosing a compliance strategy that is cost effective and that doesn’t come with restrictive operating limits or unreasonably burdensome compliance requirements. Another essential consideration is demonstrating that you have actually achieved compliance. Performance demonstrations usually occur infrequently and typically are costly high risk activities, but they are also absolutely necessary for compliance. Dixon Environmental’s regulatory expertise and experience with compliance demonstrations offers opportunities to add real value to the testing program, and also allows you to focus on other priorities. Whether you choose to manage the program yourself, or employ a consultant, performance demonstrations will be costly and time consuming, so we’ve included some helpful hints for planning a compliance demonstration program.
The primary methods for demonstrating MON compliance are:
Engineering Design Evaluation
Where appropriate, an engineering design evaluation is a cost effective method for demonstrating compliance, thus it is often preferred over stack emissions testing. The design evaluation is acceptable for small control devices and all control devices for hydrogen halide and halogen HAP emissions and uses engineering and process knowledge to determine the composition and organic HAP concentration of controlled emissions. Small control devices using a design evaluation for MON compliance have the same requirements, regardless of the type of source (process vents, storage tanks, transfer racks, wastewater streams, etc.) or whether the vent stream is batch or continuous. The requirements for such a design evaluation are provided in 40 CFR 63.2450(h), which references 40 CFR 63.1257(a)(1) of the Pharma MACT. The operating limit values and the bases for setting these limits must also be established from the results of the design evaluation and documented for the Notification of Compliance Status Report. Also, if a control device is used to simultaneously control vent streams from outside the MCPU, those emissions will need to be determined separately as they contribute to the control device’s loading.
For an overview of design evaluation requirements for various control devices, as cited from the MON, MON Resource Center subscribers may visit: http://www.monrule.com/images/MON_Resource_Center/CDTable382.pdf.
Compliance Performance Demonstration
Successful compliance performance testing of new or existing control devices requires appropriate planning and management. We recommend beginning four (4) to six (6) months in advance of the targeted field testing dates, though depending on the complexity of the testing some sites may want to start even earlier. The program outlined below emphasizes planning and preparation to assure that your field test runs smoothly and achieves accurate results in accordance with the MON standard.
The Emissions Test Program
· Budget Appropriately - Why risk having to do something as important as demonstrating compliance on a shoestring?
· Assemble Data - Identify the process units and control equipment to be tested. Collect MCPU emissions data, HAP profiles, and manufacturers’ information. Verify that routine maintenance and upkeep is being conducted on schedule. Identify operating conditions and process steps with maximum HAP emissions levels.
· Summarize Your Performance Demonstration Requirements and Data Needs - Conduct a regulatory review to determine which EPA methods are suitable for demonstrating MON compliance for the control equipment in use and identify the level of HAP reduction efficiency required. According to 40 CFR 63.2515(c) of the MON rule, a Notification of Performance Test and Test Plan [as required by 40 CFR 63.7(c)] are needed in order to assess the destruction efficiency of control devices. The test plan is required to include the test schedule, data quality and sampling objectives, the rational for testing, testing methods, analytical methods, and QA / QC procedures to be utilized. Include an equipment list, proposed test methods, and QA / QC procedures. Identify any modifications to approved test methods. Develop a schedule and identify project milestones such as plan submission and test dates.
· Qualify Contractors - Develop a list of emissions testing contractors. Qualifications criteria should include experience with testing for MACT compliance. Request information such as references, insurances, safety record, and experience with similar facilities and equipment. Short list contractors to receive the request for proposal (RFP).
· Contractor Request For Proposal - The RFP solicitation should provide as much detail as possible in order to obtain accurate estimates and enable an “apples to apples” comparison. Include in the scope of work deliverables such as a test plan, field testing, and the test report. Also, determine whether a pre-test will be conducted. Dates for deliverables and a timeframe for the testing should be included. Don’t forget to specify a date for receipt of proposals as well.
· Test Plan - The test plan and Notification of Test are submitted to the regulatory agency for review and approval at least 60 days in advance of the testing (some states may prefer longer lead times). Documentation should include the purpose of the test, test methods, QA / QC procedures, and additional details for regulatory applicability and an explanation of compliance considerations. If modifications to accepted methods are anticipated, meet with the agency to review and solicit comments prior to protocol preparation.
Once the agency has approved your protocol, you are ready to implement the field testing. Tune in to Part 2 for strategies to streamline the field testing, avoid pitfalls, and demonstrate compliance.
Key points for successful emissions testing:
· Over-communicate with affected parties: operations, environmental, contractors, consultants and the regulatory agencies,
· Actively manage the process by planning and scheduling well in advance,
· Select a qualified consultant and contractor,
· Conduct a pre-test so there are no surprises for the agency, and
· Consider opportunities for economies of scale by conducting multiple equipment tests simultaneously, during the same mobilization, and working with other facilities with similar needs.
Given the time, the expense, and the IMPORTANCE of compliance demonstrations, take a minute to find out more about how to obtain support for your MACT compliance demonstration, added compliance assurance, and fewer headaches by contacting Dixon Environmental today. Wouldn’t you rather spend your time doing something else?
