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On August 12, 2020, the U.S. Environmental Protection Agency (EPA) published residual risk and technology review (RTR) updates for the Miscellaneous Organic NESHAP (40 CFR 63, Subpart FFFF - the MON).

With compliance deadlines now established, subject sources should begin establishing tasks and timelines for complying the updated requirements. With required actions ranging from documentation updates to changes in operating practices to installation of new controls, it is important for facility to plan appropriately. To help get this process started, a summary of the compliance deadlines and a few key actions items are presented below. While this list is by no means comprehensive, it will provide an effective starting point for your path to MON.

Please note that the deadlines below apply to affected sources present on or before December 17, 2019. If you commence construction on an affected facility after December 17, 2019, then these requirements apply upon startup (see 63.2440 for the “affected source”).

Compliance date - Now:

  • New or replaced LDAR components must be monitored within 30 days if subject to periodic monitoring
    • Replaced, if related to repair, would retain the 15-day requirements
    • Does not apply to DTM and UTM
    • Applies for on or after August 12, 2020
    • Applies new or replaced components after December 17, 2019 and before August 12, 2020 (required to be done within 30 days of August 12, 2020)
  • Performance test reports submitted in CEDRI, beginning October 13, 2020
  • NSPS VVa is now included in the overlap provisions

Compliance Date - August 12, 2021:

  • New LDAR pump changes

Compliance Date - August 12, 2022:

  • Identify operating in ethylene oxide (EO) service:
    • Identify raw materials/intermediate/products that may contain EO at any concentration, including trace amounts
    • Sample all Process Vent Streams (1 ppmv) and Storage Tank liquids (0.1 wt%) that may contain Ethylene Oxide
    • Sample Process Streams that can reasonably be expected to contain equipment and EO service or Equipment Leaks (0.1wt%)
  • Installation of controls for process vents and storage tanks in EO service
  • Implementation of EO LDAR for equipment in EO service

Compliance Date - August 12, 2023:

  • Installation of enhanced flare monitoring for subject processes
  • Comply with pressure relief requirements
    • Monitoring to identify pressure relief devices
    • Document redundant control measures to prevent atmospheric releases
    • Implement program to quantify and conduct root cause analyses for releases
  • Evaluate and implement measures to prevent bypasses of air pollution control devices
    • MON regulated vents may not bypass the air pollution control device at any time
  • Setup work practices to evacuate equipment prior to maintenance in accordance with LEL requirements
  • Start use of modified El Paso method for heat exchange system monitoring
  • Begin submitting all reports through CEDRI
  • Update monitoring systems to comply with new requirements for regenerative and non-regenerative adsorbers
  • Update startup, shutdown, and malfunction program to ensure compliance with MON standards at all times
    • Determine if applicable standards cannot be met through startup and shutdown events
    • Setup recordkeeping for each failure to meet applicable standard: date, time, duration, estimated emissions, actions taken to minimize emissions

Trinity's Chemical Sector Services (CSS) Group is well-versed in helping chemical and refining industry personnel navigate their way through successful, streamlined implementation of regulatory requirements - from gap identification to capital planning, program development and implementation. If you would like assistance assessing the regulatory implications the MON amendments for your facility, please contact us at 713.552.1371, x209.