[Code of Federal Regulations]
[Title 40, Volume 9, Part 63 (Secs. 63.1200_End]
[Revised as of July 1, 1999]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR63.1272]

[Page 118-119]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES--Table of Contents
 
 Subpart HHH--National Emission Standards for Hazardous Air Pollutants 
          From Natural Gas Transmission and Storage Facilities
 
Sec. 63.1272  Startups, shutdowns, and malfunctions.

    (a) The provisions set forth in this subpart shall apply at all 
times except during startups or shutdowns, during malfunctions, and 
during periods of non-operation of the affected sources (or specific 
portion thereof) resulting in cessation of the emissions to which this 
subpart applies. However, during the startup, shutdown, malfunction, or 
period of non-operation of one portion of an affected source, all 
emission points which can comply with the specific provisions to which 
they are subject must do so during the startup, shutdown, malfunction, 
or period of non-operation.
    (b) The owner or operator shall not shut down items of equipment 
that are required or utilized for compliance with the provisions of this 
subpart during times when emissions are being routed to such items of 
equipment, if the shutdown would contravene requirements of this subpart 
applicable to such items of equipment. This paragraph does not apply if 
the item of equipment is malfunctioning, or if the owner or operator 
must shut down the equipment to avoid damage due to a contemporaneous 
startup, shutdown, or malfunction of the affected source or a portion 
thereof.
    (c) During startups, shutdowns, and malfunctions when the 
requirements of this subpart do not apply pursuant to paragraphs (a) and 
(b) of this section, the owner or operator shall implement, to the 
extent reasonably available, measures to prevent or minimize excess 
emissions to the maximum extent practical. For purposes of this 
paragraph, the term ``excess emissions'' means emissions in excess of 
those that would have occurred if there were no startup, shutdown, or 
malfunction, and

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the owner or operator complied with the relevant provisions of this 
subpart. The measures to be taken shall be identified in the applicable 
startup, shutdown, and malfunction plan, and may include, but are not 
limited to, air pollution control technologies, recovery technologies, 
work practices, pollution prevention, monitoring, and/or changes in the 
manner of operation of the source. Back-up control devices are not 
required, but may be used if available.
    (d) The owner or operator shall prepare a startup, shutdown, or 
malfunction plan as required in Sec. 63.6(e)(3) except that the plan is 
not required to be incorporated by reference into the source's title V 
permit as specified in Sec. 63.6(e)(3)(i). Instead, the owner or 
operator shall keep the plan on record as required by 
Sec. 63.6(e)(3)(v). The failure of the plan to adequately minimize 
emissions during the startup, shutdown, or malfunction does not shield 
an owner or operator from enforcement actions.