Cal. Code Regs. Tit. 17, § 93108.5 - Ethylene Oxide Airborne Toxic Control Measure-Part 2 - Commercial Sterilizers and Aerators Using 2,000 Pounds or More of Ethylene Oxide Per 12 Consecutive Months

(a) Definitions. For the purposes of this section, the definitions set forth in section 93108(a) shall apply unless otherwise specified below:

(1) "Administrator" means the Administrator of the United States Environmental Protection Agency (or the implementing agency in accordance with any delegation of authority to approve alternatives from the U. S. Environmental Protection Agency).

(2) "Back-draft valve/chamber exhaust stream" is the air stream which results from collection of ethylene oxide-contaminated air which may be removed from the sterilizer through a back-draft valve or rear chamber exhaust system during unloading of the sterilized materials.

(3) "Baseline temperature" means the range of temperatures at the outlet point of a catalytic oxidation control device or at the exhaust point from the combustion chamber for a thermal oxidation control device established during the performance test at which the unit achieves at least 99 percent control of ethylene oxide emissions.

(4) "Manifolding emissions" means combining ethylene oxide emissions from two or more vent types for the purpose of controlling these emissions with a single control device.

(5) "Maximum ethylene glycol concentration" means the concentration of ethylene glycol in the scrubber liquor of an acid-water scrubber control device established during a performance test when the scrubber achieves at least 99 percent control of ethylene oxide emissions.

(6) "Maximum liquor tank level" means the level of scrubber liquor in the acid-water scrubber liquor recirculation tank established during a performance test when the scrubber achieves at least 99 percent control of ethylene oxide emissions.

(7) "Modification" means either

(A) any physical change in, method of operation of, or addition to, an existing permit unit that requires an application for a permit to construct and/or operate. Routine maintenance and/or repair shall not be considered a physical change. A change in the method of operation of equipment, unless previously limited by an enforceable permit condition, shall not include:

1. an increase in the production rate, unless such increases will cause the maximum design capacity of the equipment to be exceeded; or

2. an increase in the hours of operation; or,

3. a change in ownership of a source; or,

(B) the addition of any new permit unit at an existing source; or,

(C) the replacement of components if the fixed capital cost of the components exceeds 50 percent of the fixed capital cost that would be required to construct a comparable new source.

(8) "Oxidation temperature" means the temperature at the outlet point of a catalytic oxidation device or at the exhaust point from the combustion chamber for a thermal oxidation device.

(9) "Parametric monitoring" means monitoring of a specific operating parameter or parameters of a control device established to demonstrate that the control device is operating under conditions that meet a performance standard.

(b) Applicability. Effective January 28, 1999, any person who owns or operates a commercial sterilizer or an aerator using 2,000 pounds or more of ethylene oxide in any 12 consecutive month period after December 6, 1996, must comply with this section.

(c) Initial Notification. Any person subject to this regulation must provide the following information, in writing, within 30 days after the source becomes subject to the regulation, to the district and the Administrator unless the Administrator has waived this requirement:

(1) The name(s) and address of the owner and operator of the facility;

(2) The location of the facility;

(3) The number of sterilizers and aerators at the facility;

(4) An estimate of the facility-wide pounds of ethylene oxide used per year;

(5) A brief description of the nature, size, design, design operating capacity, expected control efficiency, and method of operation of the source, and control equipment, including operating design capacity, bypass valves, and an identification of each point of emission;

(6) Facilities complying with this regulation with a control technology other than acid-water scrubbers or catalytic or thermal oxidizers must provide information describing the design and operation of the air pollution control system including recommendations for the operating parameters to be monitored that will indicate proper operation and maintenance, where the site specific operating, reporting and monitoring parameters will be determined during the performance test;

(7) A statement of whether the source is a major or area source to the Administrator (If the source is a new major source or a major source undergoing modification, it must receive written approval in advance from the Administrator. The source may use the "Application for Construction or Modification" in Appendix 2 to satisfy the initial notification requirements); and

(8) An identification of the relevant standard, or other requirement, that is the basis of the notification and the source's compliance date.

(d) Requirements. No person subjected to these standards shall operate a sterilizer or aerator, unless all of the following requirements are satisfied:

(1) all ethylene oxide released from the sterilizer and aerator shall be controlled to meet the requirements shown in Table I for the applicable control category;

Table I

Emissions Standards for Commercial Facilities

Control Category	Requirements for Ethylene Oxide Sterilizer Facilities
(Facility-wide Pounds of Ethylene Oxide used per 12 consecutive months)	(a) Emission Streams to be Controlled	(b) Emission Streams to be Tested	(c) Control Efficiency (%) or Outlet Concentration
equal to or greater than 2,000 and less than 5,000	Sterilizer	Sterilizer	99.9
	Aerator	Aerator	95.0
	Back-draft Valve		*
	Aeration Only		95.0
equal to or greater than 5,000 and less than 20,000	Sterilizer	Sterilizer	99.9
	Aerator	Aerator	99.0
	Sterilizer Door Hood		*
	&
	Back-draft Valve		*
	Aeration Only		95.0
Equal to or more than 20,000	Sterilizer	Sterilizer	99.9
	Aerator	Aerator	99.0 or
			1 ppm max
	Sterilizer Door Hood		*
	Back-draft Valve		99.0*
	Aeration Only		99.0
__________

* Sources may show compliance by manifolding emissions to control device used to comply with sterilizer or aerator requirement.

(2) the exhaust systems and EtO supply including, but not limited to, any piping, ducting, fittings, valves, or flanges, through which ethylene oxide is conveyed to and from the sterilizer, aerator and the control device shall be leak-free; and

(3) Facilities must obtain a title V permit from the Administrator.

(e) Compliance Procedures.

(1) Compliance Testing Notification

The facility shall notify the Administrator 60 days before the date and time of any performance tests and monitoring system evaluations. In the event the source is unable to conduct the test on the date specified in the notification, the source shall notify the Administrator within 5 days prior to the scheduled performance test date.

(2) Compliance Testing

(A) Source testing conducted for the purpose of demonstrating compliance must be according to ARB Test Method 431 (title 17, CCR, section 94143) and the method evaluations cited therein or an acceptable source test method approved by the district with the concurrence of the Executive Officer of the Air Resources Board, and the Administrator. Before conducting a required source test, the source shall develop a site-specific test program summary, the test schedule, data quality objectives, and both an internal and external quality assurance program.

(B) The following procedures shall be used to determine the monitored parameters for acid-water scrubbers:

1. For determining the ethylene glycol concentration, the facility owner or operator shall establish the maximum ethylene glycol concentration as the ethylene glycol concentration averaged over three test runs; the sampling and analysis procedures in ASTM D 3695-88, Standard Test Method for Volatile Alcohols in Water by Direct Aqueous- Injection Gas Chromatography (1988).

2. For determining the scrubber liquor tank level, the sterilization facility owner or operator shall establish the maximum liquor tank level based on a single measurement of the liquor tank level during one test run.

(C) The following procedures shall be used to demonstrate the baseline temperature for catalytic oxidation units or thermal oxidation units and to continuously monitor the oxidation temperature as required by this measure.

1. The baseline temperature for the sterilization chamber vent shall be the temperature for the catalytic oxidation unit or oxidation temperature at the exhaust point from the thermal oxidation unit averaged over three test runs using the procedures in Test Method 431, and subsection (f)(2)(A).

2. The baseline temperature for the aeration room vent shall be the temperature for the catalytic oxidation unit or the oxidation temperature at the exhaust point from the thermal oxidation unit averaged over three test runs using the procedures in Test Method 431, and subsection (f)(2)(B).

3. The baseline temperature for the chamber exhaust vent shall be the temperature for the catalytic oxidation unit or oxidation temperature at the exhaust point from the thermal oxidation unit averaged over three test runs using the procedures in Test Method 431, and subsection (f)(2)(C).

(D) A facility seeking to demonstrate compliance with the standards with a control device other than an acid-water scrubber or catalytic or thermal oxidation unit shall submit: a description of the device; tests results collected in accordance with the test method cited within or an approved method verifying the performance of the device for controlling ethylene oxide emissions to the levels required by the applicable standards; the appropriate operating parameters that will be monitored; and the frequency of measuring and recording to establish continuous compliance with the standards. The monitoring plan is subject to the Administrator's approval. The owner or operator of the sterilization facility shall install, calibrate, operate, and maintain the monitor(s) approved by the Administrator based on the information submitted by the owner or operator. The owner or operator shall include in the information submitted to the Administrator proposed performance specifications and quality assurance procedures for their monitors.

(E) A facility seeking to demonstrate compliance with the standards with a monitoring device or procedure other than a gas chromatograph shall provide to the Administrator information describing the operation of the monitoring device or procedure and the parameter(s) that would indicate proper operation and maintenance of the device or procedure.

(3) Compliance Testing Report

(A) The facility shall send the district and the Administrator an initial statement of compliance and test results within 60 days following the performance test.

(B) The facility shall submit (before a title V permit is issued) to the Administrator:

1. The methods that were used to determine compliance;

2. The results of any performance tests, continuous monitoring system (CMS) performance evaluations, and/or other monitoring procedures or methods that were conducted;

3. The methods that will be used for determining continuing compliance, including a description of monitoring and reporting requirements and test methods; and

4. A statement by the owner or operator of the affected existing, new, or modified source as to whether the source has complied with the relevant standard or other requirements.

(f) Monitoring Requirements. The owner or operator of a sterilizer or aerator shall monitor the parameters of the control system specified in this section to show compliance with the provisions of this regulation. If continuous monitoring systems are required, Appendix 1 shall be consulted for their application. All monitoring equipment shall be installed such that representative measurements of emissions or process parameters which affect emissions from the source are obtained. For monitoring equipment purchased from a vendor, verification of the operational status of the monitoring equipment shall include, at a minimum, completion of the manufacturer's written specifications or recommendations for installation, operation, maintenance, and calibration of the system.

(1) For sterilization facilities complying with the emissions standard through the use of an acid-water scrubber, the owner or operator shall either:

(A) Sample the scrubber liquor and analyze and record once per week the ethylene glycol concentration using the test procedures in subsection (e)(2)(B)1. Monitoring is required only if the scrubber unit has been operated during that week; or

(B) Measure and record once per week the level of the scrubber liquor in the recirculation tank. The owner or operator shall install, maintain, calibrate, and use a liquid level indicator to measure the scrubber liquor tank level (i.e., a visible depth gauge, a dipstick, a magnetic indicator, etc.).

(C) Operation of the facility with an ethylene glycol concentration in the scrubber liquor in excess of the maximum liquor tank level shall constitute a violation of the chamber exhaust vent standard for sources using 20,000 pounds or more of ethylene oxide per 12 consecutive months.

(2) For sterilization facilities complying with the emissions standards through the use of catalytic oxidation or thermal oxidation, the owner or operator shall continuously monitor and record the oxidation temperature at the outlet to the catalyst bed or at the exhaust point from the thermal combustion chamber using a temperature monitor. The temperature monitor shall be installed, calibrated, operated, and maintained to an accuracy within ±5.6°C(±10°F). The owner or operator shall verify the accuracy of the temperature monitor twice each calendar year with a reference temperature monitor (traceable to National Institute of Standards and Technology (NIST) standard, or with an independent temperature measurement device dedicated for this purpose). During accuracy checking, the probe of the reference device shall be at the same location as that of the temperature monitor being tested.

For sources using 20,000 pounds or more of ethylene oxide per 12 consecutive months, operation of the facility with the oxidation temperature, averaged over the cycle, more than 5.6°C (10°F) below the baseline temperature shall constitute a violation of the chamber exhaust vent standard.

(A) For the sterilization chamber vent, a data acquisition system for the temperature monitor shall compute and record an average oxidation temperature over the length of the cycle (based on the length of the cycle used during the performance test) and a three-cycle block average every third cycle.

(B) For the aeration room vent, a data acquisition system for the temperature monitor shall compute and record an average oxidation temperature each hour and a 3-hour block average every third hour.

(C) For the back draft valve (chamber exhaust vent), a data acquisition system for the temperature monitor shall compute and record an average oxidation temperature over the length of the cycle (based on the length of the cycle used during the performance test).

(3) For sterilization facilities complying with the emission standards with the use of a control device other than acid-water scrubbers or catalytic or thermal oxidizers, the owner or operator shall monitor the parameters as approved by the Administrator.

(4) For facilities continuously measuring the ethylene oxide concentration from the aeration room (after a control device) or in the sterilization chamber immediately prior to the operation of the chamber exhaust, the owner or operator shall follow either paragraph (A) or (B) of this subsection:

(A) Measure and record once per hour the ethylene oxide concentration at the outlet to the atmosphere from the aeration room vent after any control device. The owner or operator shall compute and record a 3-hour average every third hour. The owner or operator will install, calibrate, operate, and maintain a gas chromatograph to measure ethylene oxide. The daily calibration requirements are required only on days when ethylene oxide emissions are vented to the control device from the aeration room vent.

(B) Measure and record the ethylene oxide concentration in the sterilization chamber immediately before the chamber exhaust is activated. The owner or operator shall install, calibrate, operate, and maintain a gas chromatograph to measure ethylene oxide concentration. The daily calibration requirements are required only on days when the chamber exhaust is activated.

(5) At facilities using 20,000 pounds or more of ethylene oxide per consecutive 12 months, seeking to comply with the standard by manifolding emissions from the chamber exhaust vent to a control device controlling emissions from another vent type (sterilization chamber vent and/or aeration room vent), shall monitor the control device to which emissions from the chamber exhaust vent are manifolded.

(g) Recordkeeping.

(1) The owner or operator of a sterilizer or aerator subject to the emissions standards in subsection (d) Table I shall maintain records of all reports and notifications (including compliance notifications) in a form suitable and readily available for expeditious inspection and review. The files shall be retained for at least 5 years following the date of each occurrence, measurement, maintenance, corrective action, report or record. At a minimum the most recent 2 years of data shall be retained on site. The files shall contain:

(A) The occurrence and duration of each malfunction of the air pollution control equipment;

(B) All required measurements needed to demonstrate compliance with the standard (including, but not limited to, 15-minute averages of CMS data, raw performance testing measurements, and raw performance evaluation measurements, that support data that the source is required to report);

(C) All measurements as may be necessary to determine the conditions of performance tests and performance evaluations; and

(D) Any information demonstrating whether a source is meeting the requirements for a waiver of recordkeeping or reporting requirements.

(2) The source may apply for a waiver of recordkeeping or reporting requirements by submitting a written application to the Administrator. Until the waiver is granted, the source remains subject to the requirements of this section. The application must contain at a minimum:

(A) A request for an extension of compliance (if applicable);

(B) All required compliance progress reports or compliance status reports;

(C) Any excess emissions and CMS performance report; and

(D) Information to convince the administrator that a waiver of recordkeeping or reporting is warranted.

(h) Reporting. Any person who owns or operates a sterilizer shall furnish the following written report to the Administrator and to the district within thirty days after the date specified by the district.

(1) An annual report that demonstrates that the facility is a major or area source. The report shall contain at a minimum;

(A) the number of sterilizer cycles and the pounds of ethylene oxide used per cycle for each sterilizer during the consecutive 12-month reporting period from the district permit; or

(B) the total pounds of sterilant gas and the total pounds of ethylene oxide purchased, used, and returned in the consecutive 12-months from the date of the permit.

(2) Facilities shall provide semi-annual compliance reports to the Administrator that contain information on the compliance status of the source. This report should also contain the summary report in Appendix 1, (i). The report shall be signed by the responsible official who shall certify its accuracy.

(i) Construction or Modification.

The requirements of this section apply to sources subject to the emission standards in Table I. No person may construct or modify a source, without obtaining written approval, in advance, from the district and from the Administrator. For major sources, the application for approval of construction or modification may be used to fulfill the notification requirements. For specific requirements, see Appendix 2. In lieu of complying with requirements in Appendix 2, a facility may fulfill these requirements by complying with the permitting agency's new source review rule or policy, provided similar information is obtained.

Notes

Cal. Code Regs. Tit. 17, § 93108.5

1. New section and appendices 1 and 2 filed 1-28-99; operative 1-28-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 5).

Note: Authority cited: Sections 39600, 39601 and 39666, Health and Safety Code. Reference: Sections 39650, 39656, 39658, 39659, 39665 and 39666, Health and Safety Code; and 40 CFR, Part 63 Subpart O.

1. New section and appendices 1 and 2 filed 1-28-99; operative 1-28-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 5).