| (iii) At dry cleaning remediation sites, additional sampling to determine total organics and speciated chlorinated compounds is required initially (within two hours of startup) and at least monthly. (h) Fugitive emissions when no control device is used for remediation. In the cases where emission releases are not directly emitted from a control device or stack which can be sampled, compliance must be demonstrated by the use of a PID or FID initially and at least on a weekly basis. The FID or PID instrument chosen must be capable of properly detecting the types of contaminants present. Measurement should occur as close as possible to the remediation activity, but no further away than the nearest property line. The concentration measured must be equal to or less than the specific air contaminant's ESL. If an ESL is exceeded, remediation must cease until corrective action restores the concentration to below ESL values. The conversion from PID and FID devices to ESLs must use the following formula. Attached Graphic (i) Other regulatory requirements. (1) Voluntary Cleanup Program. A state or local permit is not required for remediation conducted on a site as part of a voluntary cleanup. A voluntary cleanup must be coordinated with ongoing federal and state hazardous waste programs. The persons conducting a voluntary cleanup shall comply with any federal or state standard, requirement, criterion, or limitation that the remediation would otherwise be subject if a permit were required (see Texas Health and Safety Code, §361.611). (2) Superfund Cleanup Program. A state or local permit is not required for remediation conducted on a site as part of a Superfund project. A Superfund project must be coordinated with ongoing federal and state hazardous waste programs. The persons conducting a cleanup shall comply with any federal or state standard, requirement, criterion, or limitation that the remediation would otherwise be subject if a permit were required (see Texas Health and Safety Code, §361.196). (3) Local restrictions. This section does not exempt these facilities from any local government regulations or other local government requirements, permits, registrations, or other authorizations required by local authorities. (4) State regulations. This section does not exempt remediation equipment from any additional state regulations. (5) Federal air regulations. Compliance with all applicable federal requirements must be satisfied, including air standards and requirements for hazardous air pollutants under 40 CFR Part 63, National Emission Standards for Hazardous Air Pollutants for Source Categories, Subpart GGGGG, National Emission Standards for Hazardous Air Pollutants: Site Remediation, effective October 8, 2003. (j) Administrative requirements. (1) Notification. Before starting remediation (pilot test or treatment), the owner or operator shall notify the commission in writing using the Standard Permit/Permit by Rule Relocation Form. Notifications for multiple sites that are part of the same affected property may be submitted at the same time in accordance with the following requirements. (A) The notification is not subject to the requirements of §106.50 of this title (relating to Registration Fees for Permits by Rule) or Chapter 60 of this title (relating to Compliance History). (B) Notifications must be sent to the appropriate commission regional office, any local air pollution control program having jurisdiction over the site, and appropriate remediation program. Notifications must include a return receipt of delivery. (C) Pilot test notifications must be received by those listed in subparagraph (B) of this paragraph prior to commencement of activities. (D) Updated or additional notification must be received by those listed in subparagraph (B) of this paragraph prior to commencement of treatment activities and must contain specific information concerning the basis (measured or calculated) for the expected emissions from the facility. The notification must also explain details as to why the control device can be expected to perform as represented. (E) Any remediation project that changes or eliminates a represented control device during the lifetime of the project must update those listed in subparagraph (B) of this paragraph by filing an amended notification as soon as practicable after the change and after confirmation with the appropriate remediation program. (2) Records. To demonstrate compliance with this section and with §106.8 of this title (relating to Recordkeeping), owners and operators of remediation equipment must, at a minimum, meet the following requirements. (A) Records required by this section must be maintained at the site or at the nearest staffed location, and made available upon request to personnel from the commission or any local agency having jurisdiction over the site. (B) The following minimum records of sampling or monitoring must be maintained: (i) sample time and date; (ii) monitoring results (ppmv); (iii) corrective action taken, including the time and date of the action; (iv) process operations occurring at the time of sampling; (v) records of compliance with the emission rate limits of this section; (vi) a record of the demonstration that the chosen control method is an appropriate choice for the site; and (vii) a record of the return receipt demonstrating notification to the appropriate regional office, local air pollution control programs having jurisdiction over the site, and appropriate remediation program. |
