emissions, the source is NOT in compliance with the APEN reporting requirements of this
<br />condition. Enforcement discretion is not recommended regarding the VOC APEN violation.
<br />9. Process equipment at this facility is subject to Regulation No. 6 -Standards of Performance for New
<br />Stationary Sources, Part A -Federal Register Regulations ( 40 CFR Part 60 ) Adopted By Reference,
<br />Subpart Y- Standards of Performance for Coal Preparation Plants as amended by a final rule published in
<br />the Federal Register on October 8, 2009 (FR Vol. 74, No. 194), including, but not limited to, the
<br />following:
<br />a. Discharge into the atmosphere shall be less than 20 % opacity for any coal processing and
<br />conveying equipment, coal storage systems and transfer and loading systems constructed,
<br />reconstructed or modified before April 28, 2008.
<br />b. Discharge into the atmosphere shall be less than 10 % opacity for any coal processing and
<br />conveying equipment, coal storage systems and transfer and loading systems constructed,
<br />reconstructed or modified after April 28, 2008.
<br />C. A fugitive coal dust emissions control plan must be submitted prior to startup for any open
<br />storage piles of coal constructed, reconstructed or modified after May 27, 2009.
<br />d. A logbook shall be maintained for a coal preparation plant that commences construction,
<br />reconstruction or modification after April 28, 2008, to include the information specified in
<br />Subpart Y.
<br />In addition, the following requirements of Regulation No. 6, Part A, Subpart A, General Provisions,
<br />apply.
<br />a. At all times, including periods of start-up, shutdown, and malfunction, the facility and
<br />control equipment shall, to the extent practicable, be maintained and operated in a
<br />manner consistent with good air pollution control practices for minimizing emissions.
<br />Determination of whether or not acceptable operating and maintenance procedures are
<br />being used will be based on information available to the Division, which may include, but
<br />is not limited to, monitoring results, opacity observations, review of operating and
<br />maintenance procedures, and inspection of the source. (Reference: Regulation 6, Part A.
<br />General Provisions from 40 CFR 60.11
<br />b. No article, machine, equipment or process shall be used to conceal an emission that
<br />would otherwise constitute a violation of an applicable standard. Such concealment
<br />includes, but is not limited to, the use of gaseous diluents to achieve compliance with an
<br />opacity standard or with a standard that is based on the concentration of a pollutant in the
<br />gases discharged to the atmosphere. (§ 60.12)
<br />C. Records of startups, shutdowns, and malfunctions shall be maintained, as required under
<br />§ 60.7.
<br />d. Compliance with opacity standards shall be demonstrated according to § 60.11.
<br />Source is in compliance with the requirements of Subpart Y and the General Provisions of Subpart
<br />A. No opacity above the applicable thresholds was observed from any point during the inspection,
<br />and the source accurately records all startups, shutdowns, and malfunctions as necessary. No
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