[Code of Federal Regulations]
[Title 40, Volume 15]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR65.6]

[Page 34-36]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 65_CONSOLIDATED FEDERAL AIR RULE--Table of Contents
 
                      Subpart A_General Provisions
 
Sec.  65.6  Startup, shutdown, and malfunction plan and procedures.

    (a) Paragraphs (b) and (c) of this section do not apply to Group 2A 
or Group 2B process vents.
    (b) Startup, shutdown, and malfunction plan--(1) Description and 
purpose of plan. The owner or operator of a regulated source shall 
develop a written startup, shutdown, and malfunction plan that 
describes, in detail, procedures for operating and maintaining the 
regulated source during periods of startup, shutdown, and malfunction 
and a program of corrective action for malfunctioning process and air 
pollution control equipment used to comply with the relevant standard. 
The plan shall also address routine or otherwise predictable CPMS 
malfunctions. This plan shall be developed by the owner or operator by 
the regulated source's implementation date as specified in Sec.  
65.1(f), or for sources referenced from 40 CFR part 63, subpart F, by 
the compliance date specified in that subpart. The requirement to 
develop this plan shall be incorporated into the source's title V 
permit. This requirement is optional for equipment that must comply with 
subpart F of this part. It is not optional for equipment equipped with a 
closed vent system and control device subject to subpart G of this part. 
The purposes of the startup, shutdown, and malfunction plan are 
described in the following:
    (i) To ensure that owners or operators are prepared to correct 
malfunctions as soon as practical after their occurrence in order to 
minimize excess emissions of regulated material (excess emissions are 
defined in Sec.  65.3(a)(4)); and
    (ii) To reduce the reporting burden associated with periods of 
startup, shutdown, and malfunction (including corrective action taken to 
restore malfunctioning process and air pollution control equipment to 
its normal or usual manner of operation).
    (2) Operation of source. During periods of startup, shutdown, and 
malfunction, the owner or operator of a regulated source shall operate 
and maintain such source (including associated air pollution control 
equipment and CPMS) in accordance with Sec.  65.3(a). The general duty 
to minimize emissions during a period of startup, shutdown, or 
malfunction does not require the owner or operator to achieve emission 
levels that would be required by the applicable standard at other times 
if this is not consistent with safety and good air pollution control 
practices, nor does it require the owner or operator to make any further 
efforts to reduce emissions if levels required by the applicable 
standard have been achieved. Determination of whether such operation and 
maintenance procedures are being used will be based on information 
available to the Administrator which may include, but is not limited to, 
monitoring results, review of operation and maintenance procedures 
(including the startup, shutdown, and malfunction plan required in 
paragraph (b)(1) of this section), review of operation and maintenance 
records, and inspection of the source.
    (3) Use of additional procedures. To satisfy the requirements of 
this section to develop a startup, shutdown, and malfunction plan, the 
owner or operator may use the regulated source's standard operating 
procedures (SOP)

[[Page 35]]

manual, or an Occupational Safety and Health Administration (OSHA) or 
other plan, provided the alternative plans meet all the requirements of 
this section and are made available for inspection when requested by the 
Administrator.
    (4) Revisions to the plan. Based on the results of a determination 
made under Sec.  65.3(b)(3), the Administrator may require that an owner 
or operator of a regulated source make changes to the startup, shutdown, 
and malfunction plan for that source. The Administrator may require 
reasonable revisions to a startup, shutdown, and malfunction plan, if 
the Administrator finds that the plan is inadequate as specified in the 
following:
    (i) Does not address a startup, shutdown, and malfunction event of 
the CPMS, the air pollution control equipment, or the regulated source 
that has occurred; or
    (ii) Fails to provide for the operation of the regulated source 
(including associated air pollution control equipment and CPMS) during a 
startup, shutdown, and malfunction event in a manner consistent with 
good air pollution control practices for minimizing emissions to the 
extent practical; or
    (iii) Does not provide adequate procedures for correcting 
malfunctioning process and/or air pollution control equipment as quickly 
as practicable; or
    (iv) Does not provide adequate measures to prevent or minimize 
excess emissions to the extent practical as specified and defined in 
Sec.  65.3(a)(4).
    (5) Additional malfunction plan requirements. If the startup, 
shutdown, and malfunction plan fails to address or inadequately 
addresses an event that meets the characteristics of a malfunction but 
was not included in the startup, shutdown, and malfunction plan at the 
time the owner or operator developed the plan, the owner or operator 
shall revise the startup, shutdown, and malfunction plan within 45 days 
after the event to include detailed procedures for operating and 
maintaining the regulated source during similar malfunction events, and 
a program of corrective action for similar malfunctions of process or 
air pollution control equipment or CPMS.
    (6) Retain plan on site. The current plan must be kept on site at 
all times.
    (c) Periodic startup, shutdown, and malfunction reports. During the 
reporting period, reports shall only be required for startup, shutdown, 
and malfunction during which excess emissions as defined in Sec.  
65.3(a)(4) occur. A startup, shutdown, and malfunction report can be 
submitted as part of a periodic report required under Sec.  65.5(e), or 
on a more frequent basis if specified otherwise in a relevant standard 
or as established otherwise by the permitting authority in the source's 
title V permit. The startup, shutdown, and malfunction report shall be 
delivered or postmarked by the 30th day following the end of each 
calendar half (or other calendar reporting period, as appropriate), 
unless the information is submitted with the periodic report. The report 
shall include the following information, as appropriate:
    (1) The name, title, and signature of the owner or operator or other 
responsible official certifying its accuracy.
    (2) The number of startup, shutdown, malfunction events and the 
total duration of all periods of startup, shutdown, and malfunction for 
the reporting period.
    (3) If actions taken by an owner or operator during a startup, 
shutdown, and malfunction of a regulated source, or of a control device 
or monitoring system required for compliance (including actions taken to 
correct a malfunction) are consistent with the procedures specified in 
the source's startup, shutdown, and malfunction plan, then the owner or 
operator shall state such information in a startup, shutdown, and 
malfunction report, and describe the actions taken. Such description can 
take the form of a checklist; only one checklist is necessary if actions 
taken are the same for multiple events during the reporting period.
    (4) If at any time an action taken by an owner or operator, during a 
startup, shutdown, or malfunction (including actions taken to correct a 
malfunction) during which excess emissions occur, as defined in Sec.  
65.3(a)(4), is not consistent with the procedures specified in the 
regulated source's startup, shutdown, and malfunction plan, the owner or 
operator shall report the actions

[[Page 36]]

taken for that event as part of the periodic report. The report shall 
explain the circumstances of the event, the reasons for not following 
the startup, shutdown, and malfunction plan, and whether any excess 
emissions and/or parameter monitoring exceedances are believed to have 
occurred.

[65 FR 78285, Dec. 14, 2000, as amended at 71 FR 20471, Apr. 20, 2006]